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`CONTAINS CONFIDENTIAL BUSINESS INFORMATION
`SUBJECT TO PROTECTIVE ORDER
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`THE UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`Before the Honorable David P. Shaw
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN WIRELESS DEVICES WITH
`3G Capabilities AND COMPONENTS
`THEREOF
`
`Investigation No. 337-TA-800
`
`REBUTTAL WITNESS STATEMENT OF
`
`DR. HARRY BIMS
`
`JANUARY 18, 2013
`
`
`
` 2017
`
` Ex. 2017-0001
`
`A59509
`
`IPR Licensing, Inc.
`Exhibit .
`ZTE Corp v. IPR Licensing, Inc.
`IPR2014-00525 
`
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`SUBJECT TO PROTECTIVE ORDER
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`If the first wireless digital communication mode is available, a communication
`session between the first and second sites using the first wireless digital
`communication path is established.
`
`On the other hand, if the first wireless digital communication path is not
`available, a communication session between the first and second sites using the
`second wireless digital communication path is established.
`
`This path extends from, e.g. a portable computer to the intended “peer” computer with
`
`which it is communicating over the path which runs from through the base station to the
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`peer computer. This shown at 4:6-14 of JX-0005 (970 Patent):
`
`[T]he second wireless digital communication path is provided by establishing a
`logical connection using a higher layer protocol, such as a network layer
`protocol, from a subscriber unit, such as may be connected to a portable
`computer node, to an intended peer node, such as another computer. The
`network layer logical connection is made through a wireless channel which
`provides a physical layer connection between the portable computer node,
`through a base station, and the intended peer node.
`
`If the physical connection is released, a connection no longer exists; at best the
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`appearance of a connection can be maintained. This shown at 4:14-18 of JX-0005 (970
`
`Patent): 4:14-18:
`
`In response to relatively low utilization of the wireless channel, the physical
`layer channel is released while maintaining the appearance of a network layer
`connection to the higher level protocols.
`
`Q275) Is maintaining a PDP Context the same thing as maintaining a communication
`
`session?
`
`A)
`
`It follows from the analysis I just testified about, that a collection of information
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`that merely describes a communication path (a PDP Context) is not a “connection”
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`within the meaning of the 970 Patent, and thus not a communication session even under
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`InterDigital’s construction. Thus, after the release of all physical layer channels, the
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`mere existence of a PDP Context establishes neither “the appearance to higher layers in
`
`the cellular layered communications protocol of an active physical layer connection is
`BIMS REBUTTAL
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`WITNESS STATEMENT
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` Ex. 2017-0002
`
`A59615
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`maintained” (Respondents’ construction of this limitation), nor is “a connection above
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`the physical layer maintained” (InterDigital’s construction).
`
`(2)
`
`In CDMA2000 preserving a CDMA2000 session is not
`“maintaining a communication session” even under
`InterDigital’s proposed constructions.
`
`Q276) Let’s turn to CDMA2000. What is Dr. Stark’s opinion about a “communication
`
`session” in CDMA2000?
`
`A)
`
`In forming his opinion on this claim limitation, Dr. Stark limits his analysis to a
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`“session” in the CDMA2000 standard, for example, in CX-1306C (Stark Direct Stmt.) at
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`Q.1351.
`
`Q277) Is the CDMA2000 Session a communication session within InterDigital’s
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`construction?
`
`A)
`
`No. Although the terminology is similar, under InterDigital’s proposed
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`construction, a communication session is an actual connection. Preserving a CDMA2000
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`“session” does not maintain a connection as required by InterDigital’s construction.
`
`Q278) Why not?
`
`A)
`
`In CX-1306C (Stark Direct Stmt.) at Q.2082 Dr. Stark describes what a
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`CDMA2000 “session” is:
`
`In CDMA2000 EV-DO Rev. A, a session is a shared state maintained between a
`subscriber unit and the access network as described in Exhibit JX-0038 (3GPP2
`C.S0024-A) at § 7.1.1. This “session” includes information such as a unicast
`address (UATI) assigned to the user device, a set of protocols used by the user
`device and the access network to communicate, configuration settings for these
`protocols, and an estimate of the current user device location as described in
`Exhibit JX-0038 (3GPP2 C.S0024-A) at §§ 1.9, 7.1.1 and Exhibit CX-0410
`(A.S0008-A) at §§ 1.12.1, 3.3.1, 3.3.2.
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`In other words, this CDMA2000 “session” is a collection of information including
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`addresses, protocols and location.
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`BIMS REBUTTAL
`WITNESS STATEMENT
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`- 102 -
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` Ex. 2017-0003
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`A59616
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`SUBJECT TO PROTECTIVE ORDER
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`replacement. Both suggest that Tantivity did not envision its I-CDMA products as
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`
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`mobile phones as of August of 1999.
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`
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`Also, the next slide, slide 9, suggests wireless LANs were considered to be
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`separate from Tantivity’s offerings. That suggests that nothing in the presentation
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`materials, other than the future business plans on slide 29, refers to dual-mode devices
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`with WLAN.
`
`
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`Another slide, slide 26, refers to reverse link “heartbeat” capability. That
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`reference suggests that the I-CDMA protocol included a reverse link, or uplink, channel
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`that was always assigned and not released.
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`
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`Slide 26 also suggest that improvements in the RF link margin allowed for higher
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`data rates are due to the antenna array in the subscriber unit.
`
`Q658) Are your answers to these questions true and correct to the best of your knowledge
`
`and belief?
`
`A)
`
`Yes.
`
`Q659) Does this witness statement contain your answers to questions from counsel?
`
`A)
`
`Yes.
`
`January 18, 2013
`
`Dr. Harry Bims
`
`BIMS REBUTTAL
`WITNESS STATEMENT
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`- 225 -
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` Ex. 2017-0004
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`A59739