From:
`
`Sent:
`
`To:
`
`Stephens, Adrian P éAdrianP.Stephens@intel.com}
`
`Wednesday, February 19, 2014 ?:00 AM
`
`Cardy, Dan <CardyD@dicksteinshapiroc0m>
`
`Subject:
`
`RE: 802.! l Draft Standards prior to June 1997
`
`Hello Dan,
`
`I had a discussion with an Intel attorney. He advised me not to enter into any such
`declaration, because that might be creating a personal liability.
`
`Best Regards,
`
`Adrian P STEPHENS
`
`Tel: +44 [1793} 404825 (office)
`Tel: +44 (7920} 084 900 (mobile, UK]
`Tel: +1 (408) 2397485 (mobile, USA)
`
`lntel Corporation (UK) Limited
`Registered No. 1134945 [England]
`Registered Office: Pipers Way, Swindon SN3 1R1
`VAT No: 860 2173 47
`
`From: Cardy, Dan [mailto:CardyD@dicksteinshapiro.com]
`Sent: 19 February 2014 02:44
`To: Stephens, Adrian P
`
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Just following up. Please let me know when we can have a brief discussion in order to prepare a declaration that
`authenticates the IEEE 802.11 drafts.
`
`Thanks!
`
`Dan Cardy
`DICKSTEINSHAPIRO LLP
`
`1825 Eye Street NW | Washington, DC 20006
`
`TEL (202) 420-3033 | no (202) 379-9100
`
`Confidentialig Statement
`This email message. including any attachments, is intended solely for the use of the addresseeis} named above. This communication may contain privileged
`andior oonfidentiel material.
`if you are not the intended recipient, you have received this communication in error. and any review. use. printing. copying. or other
`dissemination of this email message is strictly prohibited.
`If you are not the intended recipient. please notify the sender immediately by reply Email message or
`notify our email administrator at p_ostmasterfilcksteinshaglrocom and permanently delete and destroy the original message and any and all copies. including
`printouts and electronic copies on any computer system.
`Dichstein Shapiro LLP
`WDicksteinShaQirocom
`
`From: Cardy, Dan
`Sent: Thursday, February 06. 2014 4:58 PM
`To: Stephens. Adrian P
`Cc: Bob O'Hara
`
`REMBRANDT EXHIBIT 2003
`
`SAM 1007098
`
`REMBRANDT EXHIBIT 2003
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`

`

`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Great! Just let me know when would be a good time for a call.
`
`Dan Cardy
`DICKSTEINSHAPIRO LLP
`
`1825 Eye Street NW 1 Washington, DC 20006
`OFFiCE {202] 420-3033 I FAX {202] 379-9100
`
`From: Stephens, Adrian P [maLIto:Adrian.P.Ste0hens@inEI.gpm]
`Sent: Thursday, February 06, 2014 10:45 AM
`To: Cardy, Dan
`Cc: Bob O'Hara
`
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Hello Dan,
`
`I discovered a source of some or all of these drafts on the lEEE—SA server.
`An update. Since my email,
`50 it should not be necessary to include Mr. O'Hara in the trust chain.
`
`Best Regards,
`
`Adrian P STEPHENS
`
`Tel: +44 (1793} 404825 {office}
`Tel: +44 {7920} 084 900 (mobile, UK]
`Tel: +1 [408} 2397485 (mobile, USA]
`
`Intel Corporation (UK) Limited
`Registered No. 1134945 [England]
`Registered Office: Pipers Way, Swindon SN3 1R]
`VAT No: 850 2173 47
`
`From: Stephens, Adrian P
`Sent: 06 February 2014 07:58
`To: 'Cardy, Dan'
`Cc: 'Bob O‘Hara'
`
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Hello Dan,
`
`I’m certainly willing to certify my actions as a WG officer.
`In this case | benefitted from the archive of a former task group chair of 802.11, Bob O’Hara.
`He supplied the drafts to me in November 2013.
`So, if you’re looking for a “train of trust", it will move from me rapidly to Bob.
`
`Best Regards,
`
`Adrian P STEPHENS
`
`Tel: +44 {1793} 404825 (office)
`Tel: +44 (7920) 084 900 (mobile, UK)
`
`REMBRANDT EXHIBIT 2003
`
`SAM 1007099
`
`REMBRANDT EXHIBIT 2003
`
`

`

`Tel: +1 [408) 2397435 (mobile, USA]
`
`lntel Corporation {U K) Limited
`Registered No. 1134945 (England)
`Registered Office: Pipers Way, Swindon SN3 1R]
`VAT No: 860 2173 47
`
`From: Cardy, Dan [mailto:CardyD@dicksteinshagirocom|
`Sent: 06 February 2014 02:16
`To: Stephens, Adrian P
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Thank you again for your help providing drafts of the 802.11 standard. Can we schedule a time to talk briefly sometime
`in the near future? The reason for the call is that we will need to authenticate the drafts of the 802.11 standard you
`provided.
`I think the easiest way to go about this would be to discuss some details on a phone call. Then, I would send
`you a declaration to sign that summarizes what we discussed. You would verify that the declaration is accurate, and
`send it back signed. The declaration would explain, for example, where the files were stored at the IEEE and that you
`provided those files to me.
`
`I apologize for the need to impose further.
`means the call is at an odd hour for me.
`
`I am happy to schedule the call when it is convenient for you, even if that
`
`Best regards,
`
`Dan Cardy
`DICKSTEINSHAPlRO LLP
`
`1825 Eye Street NW 1 Washington, DC 20006
`orncE (202) 420-3033 I m (202) 379-9100
`
`Confidentiality Statement
`This email message, including any attachments, is intended solely for the use of the addressee(s} named above. This oommunieation may contain privileged
`andior confidential material.
`if you are not the intended recipient. you have received this communication in error. and any review. use, printing. copying. or other
`dissemination of this email message is strictly prohibited.
`If you are not the intended recipient, please notify the sender immediately by reply email message or
`notify our email administrator at postmasteericksteinshagirocom and permanently delete and destroy the original message and any and all copies. including
`printouts and electronic copies on any computer system.
`Dickstein Shapiro LLP
`www. DicksteinShagiro.corn
`
`From: Stephens, Adrian P ]maiIto:Adrian.P.5teghens@intel.com]
`Sent: Wednesday, November 27, 2013 2:27 AM
`To: Cardy, Dan
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Hello Dan,
`
`i acknowledge you will share them to the extent required by law.
`I have uploaded the files.
`Your best bet for timely location of new materials is in the submissions, which are public.
`You should download the entire 802.11 submission set from this period and perform searches
`across that corpus,
`if you have not already done so.
`
`Best Regards,
`
`Adrian P STEPHENS
`
`REMBRANDT EXHIBIT 2003
`
`SAM 1007100
`
`REMBRANDT EXHIBIT 2003
`
`

`

`Tel: +44 [1793} 404825 (office)
`
`Tel: +44 (7920} 084 900 (mobile, UK]
`Tel: +1 [408} 2397485 (mobile, USA]
`
`Intel Corporation (UK) Limited
`Registered No. 1134945 (England)
`Registered Office: Pipers Way, Swindon SN3 1R1
`VAT No: 860 2173 47
`
`From: Cardy, Dan [mailto:CardyD@dicksteinshagirocom]
`Sent: 26 November 2013 19:24
`
`To: Stephens, Adrian P
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Thank you for assisting us in obtaining copies of the drafts. You can upload the documents using the following link to
`
`our secure server: httpszfldicksteinshapiro.sharefile.com/r/ra1596f1a0c0418a8.
`
`Because we do not know exactly what subject matter is covered in each draft, we'd strongly prefer receiving all of the
`drafts. That said, if 802.11REV02 is really from January 1998 (Le. after the release of the 802.11-1997 standard), then
`We Won’t need that file.
`If, on the other hand, it is from January 1997, then we are interested in that file.
`
`Just to be perfectly clear, we are only interested in using the drafts for the purpose we outlined (i.e. showing that the
`relevant technology was known before it was patented). That may involve submitting a draft to a court or to the US.
`Patent Office as evidence that the patented technology was known before the time of the patent. We will also need to
`provide a copy to the parties in this case.
`
`Thank you for your help in this matter. Please feel free to contact me with any questions.
`
`Best regards,
`
`Dan Ca rdy
`DICKSTEINSHAPIRO LLP
`
`1325 Eye Street NW J Washington, DC 20006
`
`TEL (202) 420-3033 | Fax (202) 379-9100
`
`Confidentiality Statement
`This email message. including any attachments, is intended solely for the use of the addressee(s) named above. This communication may contain privileged
`andior confidential material.
`If you are not the intended recipient. you have received this communication in error. and any review, use, printing, copying. or other
`dissemination of this email message is strictly prohibited.
`If you are not the intended recipient, please notify the sender immediately by reply email message or
`notify our email administrator at mstmaeteericksteinshagirocom and permanently delete and destroy the original message and any and all copies, including
`printouts and electronic copies on any computer system.
`Dickstein Shapiro LLP
`wwwDicksteinShagirocom
`
`From: Steohens, Adrian P lmailto:Adrian.P.Steghens@intel.com|
`Sent: Tuesday, November 26, 2013 1:59 AM
`To: Cardy, Dan
`Cc: Dominguez, Erenia
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Hello Dan,
`
`This is timely.
`
`I performed a search amongst our members and located the passwords and some of the early drafts.
`
`REMBRANDT EXHIBIT 2003
`
`SAM 1007101
`
`REMBRANDT EXHIBIT 2003
`
`

`

`I have obtained permission from the IEEE-SA to share these for the purpose you outline.
`
`These are the drafts I have located:
`
`—_
`
`6_DRFT12
`_ 1.2
`10 July 1995
`
`
`
`28 July 1995
`4 December 1995
`
`25 January 1996
`
`20 May 1996
`23 July 1995
`
`28 July 1995
`4 December 1995
`
`January 1998
`
`10 May 1995
`
`DREFTZOS
`DREFT216
`
`DREFT306
`
`DREFT407
`SDRAFT13
`
`GDRAFTZD
`EDRAFT21
`
`802.11revD2
`
`80211D11
`
`2.0
`2.1
`
`3
`
`_ 4
`1.3
`
`2.0
`2.1
`
`REV D2
`
`D1.1
`
`Please indicate which of these you are interested in, and provide me a link to a secure upload
`location, and I will upload them. You can share them with your client for the purposes you
`stated.
`If you need to extend the sharing beyond that scope, please contact me or the IEEE-SA again.
`
`Best Regards,
`
`Adrian P STEPHENS
`
`Tel: +44 [1793} 404825 [office]
`Tel: +44 [7920} 084 900 (mobile, UK]
`Tel: +1 (403} 2397435 (mobile, USA]
`
`Intel Corporation (UK) Limited
`Registered No. 1134945 [England]
`Registered Office: Pipers Way, Swindon SN3 1R]
`VAT No: 860 2173 47
`
`
`From: Cardy, Dan [mailto:CardyD@dicksteinshapiro.com]
`Sent: 25 November 2013 22:17
`
`To: Stephens, Adrian P
`Cc: Dominguez, Erenia
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Mr. Stephens,
`
`We are seeking drafts of the 802.11 standard from before June 1997. You exchanged e—mails with my colleague Erenia
`Dominguez on this topic Iast month {quoted below). You explained that you have some password-protected zip files
`containing the drafts, but that you do not have the passwords for these zip files. You also mentioned that IEEE-SA needs
`to approve distributing the drafts and/or passwords for the drafts.
`
`We recently contacted Vic Hayes, who chaired the IEEE 802.11 working group.
`
`It looks like he can probably locate the
`
`REMBRANDT EXHIBIT 2003
`
`SAM 1007102
`
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`

`missing passwords. This leaves the issue of permission from IEEE-SA. Will the lEEE-SA allow Vic Hayes (or anyone else)
`to disclose the drafts andlor passwords for the drafts to us?
`
`As a reminder, we have no interest in disseminating the drafts. We are seeking them solely in order to help us defend
`technology companies from allegations that they infringe a patent when they practice a standard.
`I would be happy to
`discuss any concerns with you or anyone else at the IEEE.
`
`Thanks in advance for your help!
`
`Best regards,
`
`Dan Cardy
`DICKSTEINSHAPIRO LLP
`
`1825 Eye Street NW 1 Washington, DC 20006
`
`TEL (202) 420-3033 | w (202) 379-9100
`
`Co nfiderltialigx Statement
`This email message, including any attachments. is intended solely for the use of the eddressee(s} named above. This communication may contain privileged
`endlor confidential material.
`if you are not the intended recipient. you have received this communication in error. and any review. use, printing. copying. or other
`dissemination of this email message is stnctly prohibited.
`If you are not the intended recipient. please notify the sender immediately by reply email message or
`notify our email administrator at mstrnesteericksteinshegirocom and permanently delete and destroy the original message and any and all copies. including
`printouts and electronic copies on any computer system.
`Dickstein Shapiro LLP
`www. DicksteinShagiro.com
`
`From: Stephens, Adrian P 1maiIto:Adrian.P.Steghens@intel.com|
`Sent: Thursday, October 10, 2013 1:56 AM
`To: Dominguez, Erenia
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Hello Erenia,
`
`Thank you for your response.
`
`I will continue to progress this with the appropriate lEEE-SA officers.
`
`All 802.11 submissions are in the public domain, while drafts are not.
`Early 802.11 submissions may be found here:
`htt
`: www.ieee802.or 11 Documents DocumentArchiyes
`
`Please note that my response is without prejudice.
`
`Best Regards,
`
`Adrian P STEPHENS
`
`Tel: +44 {1793} 404325 {office}
`Tel: +44 (7920} 084 900 (mobile, UK)
`Tel: +1 [403) 2397485 (mobile, USA]
`
`Intel Corporation (UK) Limited
`Registered No. 1134945 (England)
`Registered Office: Pipers Way, Swindon SN3 1R]
`
`REMBRANDT EXHIBIT 2003
`
`SAM 1007103
`
`REMBRANDT EXHIBIT 2003
`
`

`

`VAT No: 860 2173 47
`
`From: Dominguez, Erenia |maiIto:DominguezE@dicksteinshapiro.com
`Sent: 09 October 2013 17:34
`
`To: Stephens, Adrian P
`Subject: RE: 802.11 Draft Standards prior to June 1997
`
`Dear Mr. Stephens,
`
`Thank you for your response. We are looking for these drafts of the 802.11 standard because a patent holding company
`(which makes no products) has asserted that technology companies infringe its patent whenever they follow IEEE
`wireless communications standards. The technology in the patent is not new. The IEEE 802.11 working group invented
`the technology first. Unfortunately, we expect the patent holding company to claim that the 802.11-1997 standard that
`was approved on June 26, 1997 was a copy of its technology instead of the other way around. We are looking for one of
`the drafts of this standard that was circulated before June 7, 1997 in order to show that the wireless communications
`technology was already known at this time.
`
`In response to your questions:
`
`1) We expect the latest draft that is available to be the most useful so long as it is dated and was distributed prior to
`June 7, 1997. However, based on the information we have seen, we expect the relevant portions of the standard to be
`unchanged in the 1996 drafts (such as the draft 3.0), and possibly even earlier. Therefore, it would be most helpful if
`you could provide each of the drafts you have from the 1996—1997 tin'lefrarne.
`
`2) We understand that the drafts are in password-protected zip files.
`responsibility for attempting to retrieve the drafts from the zip files.
`
`If you cannot locate a password, we can take the
`
`3) As indicated in the first paragraph, we are seeking the draft in order to help defend technology companies against
`allegations that they infringe a patent by following a current IEEE standard. We expect the drafts to help show that the
`relevant technology was known before it was patented.
`
`Thanks in advance for your help.
`
`Best regards,
`
`Erenia A. Dominguez
`Manager of Research Services
`Dickstein Shapiro LLP
`1633 Broadway 1 New York, NY 10019
`Tel (212)277-6510 | Fax (917) 5919032
`
`DominguezE@dicksteinshapiro.com
`
`Confidentialig Statement
`This email message. including any attachments. is intended solely for the use of the addresseets) named above. This communication may contain privileged
`andiar confidential material.
`If you are not the intended recipient. you have received this communication in error. and any review. use. printing. copying. or other
`dissemination of this email message is strictly prohibited.
`If you are not the intended recipient. please notify the sender immediately by reply email message or
`notify our email administrator at p_ostrnaster@ld<steinshaplro.corn and pern'ianently delete and destroy the original message and anyI and all copies. including
`printouts and electronic copies on any computer system.
`Dickstein Shapiro LLP
`wmv. Dickstein Shagirocom
`
`From: Stephens, Adrian P ImaiIto:Adrian.P.Steghens@_intel.com|
`Sent: Wednesday, October 09. 2013 2:30 AM
`To: Dominguez, Erenia
`Subject: RE: 802.11 Draft Standards prior to June 199?
`
`REMBRANDT EXHIBIT 2003
`
`5AM 1007104
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`

`Hello Erenia,
`
`There are three parts to my answer:
`1. Do i have the draft you are looking for?
`2. Can I access this draft?
`
`3. Can I give it to you.
`
`We have some drafts. Don’t forget, drafts are a transient phenomenon that have no relevance to the community that
`produced it after publication. Going back that far, the group was immature and its procedures for how and where to
`store information somewhat ad—hoc. Also the technology for doing so was immature.
`
`So i don’t know if I have the draft you are looking for. Let me know which specific document you are looking for. And,
`no,
`I don't have a convenient list of what draft was published at what time for that era.
`
`Next question is whether I can access the documents. Early drafts were distributed in password protected zip files.
`don’t have the passwords for any of these files.
`
`I
`
`The final question is the easiest one. You need to convince lEEE-SA that I should give you the draft.
`instruction before supplying any document out of policy.
`
`I require their
`
`Best Regards,
`
`Adrian P STEPHENS
`
`Tel: +44 [1793} 404825 {office}
`Tel: +44 [7920) 034 900 (mobile, UK]
`Tel: +1 (408) 2397485 (mobile, USA)
`
`Intel Corporation (UK) Limited
`Registered No. 1134945 [England]
`Registered Office: Pipers Way, Swindon SN3 1R]
`VAT No: 860 2173 47
`
`
`From: Dominguez, Erenia [maiIto:Domingue2E@dicksteinshapiro.com]
`Sent: 08 October 2013 20:57
`
`To: Stephens, Adrian P
`Subject: 802.11 Draft Standards prior to June 1997
`Importance: High
`
`Good afternoon Mr. Stephens,
`
`I have checked the lEEE website and with
`lam looking for the 802.11 draft standards prior to the June 26, 1997 revision.
`customer service, Tech Street, Global H15, and Linda Hall but none have drafts going back that far. Linda Hall referred
`me to the 802.11 Working Group.
`
`Do you have copies of these drafts we can purchase or can you direct me to where/how I can find them.
`
`Thank you for your assistance on this time-sensitive matter.
`
`REMBRANDT EXHIBIT 2003
`
`SAM 1007105
`
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`
`

`

`Kind regards,
`
`Emma
`
`Erenia A. Dominguez
`Manager of Research Services
`DicIthein Shapiro LLP
`
`1633 Broadway 1 New York, NY 10019
`Tel (212) 2776510 | Fax (917] 5919032
`DominguezE@dicksteinshapiro.com
`
`Confidentiality Statement
`This email message, including any attachments. is intended solely lFor the use of the addresseeis} named above. This communication may contain privileged
`andior confidential material.
`if you are not the intended recipient, you have received this communication in error. and any review. use. printing. copying. or other
`dissemination of this email message is strictly prohibited.
`If you are not the intended recipient. please notify the sender immediately by reply email message or
`notify our email administrator at gostmastergdickgteinshagirocorn and permanently delete and destroy the original message and any and all copies. including
`printouts and eledronic copies on any computer system.
`Diokstein Shapiro LLP
`My. Bio ksteinShagiro .oom
`
`
`
`
`
`
`
`REMBRANDT EXHIBIT 2003
`
`SAM 1007106
`
`REMBRANDT EXHIBIT 2003
`
`