UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`SAMSUNG ELECTRONICS CO. LTD.; SAMSUNG ELECTRONICS
`AMERICA, INC.; SAMSUNG TELECOMMUNICATIONS AMERICA, LLC;
`AND SAMSUNG AUSTIN SEMICONDUCTOR, LLC;
`Petitioner
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP
`Patent Owner
`___________
`
`Case IPR2014-00xxx
`Patent 8,457,228
`___________
`
`Exhibit 1004 01/07
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`

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`DECLARATION OF ROBERT O’HARA
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`I, Robert O’Hara, declare as follows:
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`1.
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`I was an editor of the IEEE 802.11-1997 standard. I have personal knowledge of
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`the facts listed below.
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`2.
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`The IEEE 802.11 Working Group exists in order to create wireless local area
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`network standards. As part of this effort, the IEEE 802.11 Working Group created several drafts
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`of the 802.11-1997 standard. At the conclusion of the standard setting process, the IEEE
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`Standards Board approved the final draft created by the IEEE 802.11 Working Group. The IEEE
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`Standards Board approved this final draft on June 26, 1997. The IEEE 802.11 Working Group’s
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`normal practice is to keep copies of the drafts of its standards.
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`3.
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`Adrian Stephens, who is the current 2nd Vice Chair of the IEEE 802.11 Working
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`Group, asked me to retrieve the drafts of the 802.11-1997 standard.
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`I forwarded copies of the
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`drafts to him, and I understand he then forwarded those drafts to counsel for Samsung. These
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`drafts are kept on the IEEE’s servers, and the copies I forwarded were retrieved from the IEEE’s
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`servers.
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`4.
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`I have reviewed the document titled “Wireless LAN Medium Access Control
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`(MAC) and Physical Layer (PHY) Specifications,” which is labeled “P802.11D4.0” and dated
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`“20 May 1996.” This document, which I understand is an exhibit to Samsung’s petitions for
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`Inter Partes Review, is a true and accurate copy of the draft that was maintained on the IEEE’s
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`servers in the file titled “DREFT40PS.ZIP.” It is available from http://www.ieee802.org/11/
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`Documents/DocumentArchives/1996_docs/. The “last modified” date on this file is May 23,
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`1996, which indicates that this zip file has not changed since that time. See Exhibit A (IEEE
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`802.11 website, showing last modified date on page 2). Based on this “last modified date” I
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`1
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`Exhibit 1004 02/07
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`

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`understand that May 23, 1996 is the date the zip file was uploaded to the 802.11 Working
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`Group’s web server.
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`5.
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`As an editor of the 802.11 Working Group, I helped to create Draft 4.0 of what
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`later became the 802.11-1997 standard. This document was completed on May 20, 1996, and it
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`was available to individuals who expressed interest in obtaining it on or before May 23, 1996, as
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`explained in more detail in paragraphs 9-12 below.
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`6.
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`The “PS” in “DREFT40PS.ZIP” stands for Postscript, which is a file format used
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`to describe printed pages. Thus, the Postscript files from the zip file titled “DREFT40PS.ZIP”
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`represent Draft 4.0 of the 802.11-1997 Standard as it was meant to be printed. Other zip files
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`(such as “DREFT407.ZIP,” which is available from the same website) include the same content
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`in Microsoft Word format. However, the Microsoft Word copy of Draft 4.0 spreads the content
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`of the draft across multiple (15) Microsoft Word documents which, when combined, create a
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`complete copy of the draft standard.
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`7.
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`The Postscript copy of Draft 4.0 and the Microsoft Word copy of Draft 4.0 were
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`distributed together. One reason these files were distributed together was that, for technical
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`reasons, some users had problems printing the Microsoft Word copy but could print the
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`Postscript copy. However, the Postscript copy could not print two figures that could be printed
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`by the Microsoft Word files. Thus, the Postscript copy of draft 4.0 omits the following portions
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`of draft 4.0 that are present in the Microsoft Word copy of draft 4.0:
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`a) Page 79 of the Postscript copy omits part of Figure 42 and the text that appeared
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`immediately below Figure 42 in the Microsoft Word copy:
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`2
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`Exhibit 1004 03/07
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`

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`G3
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`Src
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`RTS
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`Dest
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`Other
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`G1=SIFS
`G3=DIFS
`CW=Contention Window
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`Data
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`G1
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`G1
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`CTS
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`G1
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`Ack
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`NAV
`NAV
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`(RTS)
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`(CTS)
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`Defer Access
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`G3
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`CW
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`Next MPDU
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`Backoff after Defer
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`Figure 42, RTS/CTS/DATA/ACK and NAV Setting
`A STA that used information from an RTS frame as the most recent basis to update its NAV setting is permitted to
`reset its NAV if no PHYRXSTART.indicate is detected from the PHY during a period with a duration of (2 x
`aSIFSTime) + (CTS_Time) + (2 x aSlotTime) starting at the PHYRXEND.indicate corresponding to the detection of
`the RTS frame. The “CTS_Time” shall be calculated using aCTSSize and the data rate at which the RTS frame used
`for the most recent NAV update was transmitted.
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`b) Page 84 of the Postscript copy omits some of Figure 47, which appeared in the
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`Microsoft Word copy as follows:
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`DIFS
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`PIFS
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`Slot_Time
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`Medium
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`SIFS
`Tx/Rx
`Rx/Tx
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`D1
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`M1
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`D2
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`CCAdel
`Slot_Time
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`M2
`
`D2
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`CCAdel
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`Rx/Tx
`Slot_Time
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`M2
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`MAC Slot Boundaries
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`Tx_SIFS
`Slot Boundary
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`Tx_PIFS
`Slot Boundary
`
`D1 = aRx_RF_Delay+aRx_PLCP_Delay
`D2 = D1 + Air_Propagation_Time
`RxTx = aRxTx_Turnaround_Time
`M1,M2 = aMAC_Prc_Delay
`CCAdel = aCCA_Asmnt_Time
`
`1st Backoff Slot
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`D2
`
`CCAdel
`
`Rx/Tx
`Slot_Time
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`Tx_DIFS
`Slot Boundary
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`M2
`
`Rx/Tx
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`1st Backoff Slot
`Slot Boundary
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`8.
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`Aside from the minor printing errors explained above, there are no substantive
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`differences between the Postscript copy and the Microsoft Word copy of Draft 4.0 of the 802.11-
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`1997 standard. Both the Postscript copy and the Microsoft Word copy were available to any
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`interested individual beginning no later than May 23, 1996, as explained below.
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`3
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`Exhibit 1004 04/07
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`9.
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`Each draft of the 802.11-1997 standard was available to all members of the
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`802.11 Working Group’s e-mail list. The drafts were too large to attach to an e-mail, so they
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`were posted to the 802.11 Working Group’s server so they could be downloaded. An
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`announcement was sent to the e-mail list when a draft became available on the 802.11 Working
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`Group’s server. These announcements made the drafts available to a large number of
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`individuals. The e-mail list included all or nearly all of the 90 individuals listed in the Foreword
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`(pages iii-iv) to Draft 4.0 and anyone else who attended an 802.11 Working Group meeting and
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`provided an email address to the chair, including other members of the 802.11 Working Group as
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`well as non-members.
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`10.
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`The 802.11 Working Group’s e-mail list was open to anyone that attended an
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`802.11 Working Group meeting and provided an e-mail address to the chair. There were no
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`restrictions on who could attend the 802.11 Working Group’s meetings nor on who could
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`provide an e-mail address. Attendees provided their e-mail address to the chair by filling out a
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`sign-in sheet, which was contained in a three-ring binder, at the meetings. Users could also be
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`added to the e-mail list by sending a request to the chair, such as via e-mail. My recollection is
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`that anyone who made such a request would be added to the e-mail list, thereby receiving access
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`to the drafts of the 802.11-1997 standard.
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`11.
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`The copies of the drafts on the 802.11 Working Group’s server were included in
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`password protected zip files. I recall that that the announcements sent to the 802.11 Working
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`Group’s e-mail list included the passwords needed to access the drafts on the server. If the
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`passwords weren’t included in the e-mails, they were made available to all members of the e-
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`mail list in another way. The passwords existed because the IEEE wanted to keep distribution of
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`the drafts limited to interested individuals, as opposed to the entire internet. (This is still true.
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`4
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`Exhibit 1004 05/07
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`

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`The “DREFT40PS.ZIP” and “DREFT407.ZIP” files on the 802.11 Working Group’s website
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`remain password protected.) In addition to being on the e-mail list, attending a meeting of the
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`802.11 Working Group or asking for access to a draft prior to a meeting of the working group
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`was sufficient to demonstrate interest and receive the password.
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`12.
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`Each of the drafts of the standard, including Draft 4.0, was discussed at one or
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`more of the meetings of the 802.11 working group. At each of these meetings, the draft of the
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`standard being discussed was made available to all attendees of the session. These sessions were
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`open to the general public and were not limited to IEEE members. Because of their length, the
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`drafts were distributed digitally, either on disk or from the 802.11 Working Group’s server. For
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`example, at the July 8-12, 1996 meeting of the 802.11 Working Group, Draft 4.0 was made
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`available on two diskettes. See Exhibit B at section 1.5.4 (meeting minutes).1 Also, by 1996 the
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`802.11 Working Group ran a wireless LAN (which used the technology described in the draft
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`standards) at its meetings, so any attendee could receive the draft standard being discussed
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`wirelessly. IEEE records indicate that 49 individuals attended the July 8-12, 1996 meeting of the
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`802.11 Working Group, where Draft 4.0 of the 802.11-1997 standard was discussed. See Exhibit
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`B at Appendix 1. Thus, each of these individuals had access to Draft 4.0 as of July 8, 1996.
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`However, most individuals in attendance would have received Draft 4.0 in May 1996 from the
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`802.11 Working Group’s e-mail list.
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`13.
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`I have also reviewed the document titled “Part 11: Wireless LAN Medium Access
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`Control (MAC) and Physical Layer (PHY) specifications,” which is labeled “IEEE Std. 802.11-
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`1997” and dated as “Approved 26 June 1997.” This document, which I understand is an exhibit
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`to Samsung’s petitions for Inter Partes Review, is a true and accurate copy of the final version of
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`1 The meeting minutes are also available from http://grouper.ieee.org/groups/802/11/Minutes/
`Cons_Minutes_96July.pdf
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`5
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`Exhibit 1004 06/07
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`Exhibit 1004 07/07