United States Patent And Trademark Office
`Before The Patent Trial And Appeal Board
`
`ZTE Corporation And ZTE (USA) Inc.
`And
`Microsoft Corporation,
`Petitioners
`v.
`IPR Licensing, Inc.
`Patent Owner
`
`Hearing Presentation By
`Patent Owner IPR Licensing, Inc.
`May 21, 2015
`
`Case IPR2014-00525
`Patent 8,380,244
`
`IPR Licensing, Inc.
`Exhibit 2024
`ZTE Corp v. IPR Licensing, Inc.
`IPR2014-00525
`
`1
`Ex. 2024-0001
`
`
`Before The Patent Trial And Appeal Board
`
`ZTE Corporation And ZTE (USA) Inc.
`And
`Microsoft Corporation,
`Petitioners
`v.
`IPR Licensing, Inc.
`Patent Owner
`
`Hearing Presentation By
`Patent Owner IPR Licensing, Inc.
`May 21, 2015
`
`Case IPR2014-00525
`Patent 8,380,244
`
`IPR Licensing, Inc.
`Exhibit 2024
`ZTE Corp v. IPR Licensing, Inc.
`IPR2014-00525
`
`1
`Ex. 2024-0001
`
`
`
`Key Distinctions Over Prior Art
`
`Jawanda says nothing about physical channels ...
`Jawanda teaches using a standard cellular connection
`Response at 10
`
`In the cellular standards at the time of the invention,
`the base station, not the subscriber unit, selected
`the channels
`
`Response at 10
`
`Furthermore, in the then-existing cellular standards,
`including GPRS, there was no notion of a separate
`logical connection that was maintained without the
`corresponding physical connection
`
`Response at 11
`
`2
`Ex. 2024-0002
`
`
`
`Prosecution History Key Events
`
`3
`Ex. 2024-0003
`
`
`
`Examiner Expressly Considered Jawanda and
`"Communication Session"
`
`* * *
`
`Response at 7
`
`Ex. 2001 at 8
`
`4
`Ex. 2024-0004
`
`
`
`Examiner Discussed Jawanda With Patentee
`
`Ex. 2001 at 34-35
`
`Response at 7-8
`
`5
`Ex. 2024-0005
`
`
`
`Examiner Allowed Claims Over Jawanda
`
`Ex. 1018 at 5, Response at 8
`
`6
`Ex. 2024-0006
`
`
`
`Agreed Construction of
`Assigned Physical Channels
`
`7
`Ex. 2024-0007
`
`
`
`Petitioner’s Proposed Construction For
`“Assigned Physical Channels”
`
`Petition at 10
`
`Petition at 11
`
`8
`Ex. 2024-0008
`
`
`
`Patent Owner Agrees With This Construction
`
`Response at 13
`
`9
`Ex. 2024-0009
`
`
`
`Construction of “Assigned Physical Channels”
`
`Ex. 2005 (Stark Decl.) at ¶32
`
`Response at 14-15
`
`10
`Ex. 2024-0010
`
`
`
`Construction of “Assigned Physical Channels”
`
`Ex. 1002 (Bims Decl.) at ¶96
`
`Ex. 1002 (Bims Decl.) at ¶97
`
`11
`Ex. 2024-0011
`
`
`
`Construction of “Assigned Physical Channels”
`
`Reply at 3
`
`Ex. 2005 (Stark Decl.) at ¶33
`
`12
`Ex. 2024-0012
`
`
`
`MEMORANDUM OPINION
`
`The Defendants argue that the
`
`EX. 2009 (Markman Op.) at 15-16
`
`specification teaches that “a bandwidth management function that makes channels available for
`
`use [assigns channels], and that a subset of those available channels are selectedfor use
`
`[allocated] to send data.” Id. at 84 (emphasis and brackets in original).
`
`>l<
`
`*
`
`>l<
`
`*
`
`>l<
`
`*
`
`Therefore the Court finds that the Defendants“
`
`constructions accurately capture the proper scope of the various claim tenns.
`
`Ex. 2009 (Markman Op.) at 15-16
`
`Response at 15
`Response at 15
`
`13
`Ex. 2024-0013
`Ex. 2024-0013
`
`
`
`The “Subscriber Unit Of The Present Invention”
`Selects The Physical Channels
`
`Ex. 2005 (Stark Decl.) at ¶34
`
`Response at 14-15
`
`14
`Ex. 2024-0014
`
`
`
`The “Subscriber Unit Of The Present Invention”
`Mandates The Agreed-Upon Construction
`
`* * *
`
`* * *
`
`’244 Patent at 9:27-28; 10:14-16
`Ex. 1001 (’244 Patent) at 4:59-60; 9:64-66; 10:33-36
`
`thus describes the features
`“When a patent
`invention’ as a whole,
`this
`of
`‘the present
`description limits the scope of the invention.”
`
`Verizon Servs. Corp. v. Vonage Holdings Corp., 503 F.3d 1295, 1308 (Fed. Cir. 2007)
`
`Response at 14
`
`15
`Ex. 2024-0015
`
`
`
`The “Subscriber Unit Of The Present Invention”
`Selects Physical Channels As Needed To Transfer Data
`
`* * *
`
`* * *
`
`’244 Patent at 9:27-28; 10:14-16
`Ex. 1001 (’244 Patent) at 4:59-60; 9:64-66; 10:33-36; Figure 6
`
`Response at 15, Ex. 2005 (Stark Decl.) at ¶34, Ex. 1002 (Bims Decl.) at ¶99
`
`16
`Ex. 2024-0016
`
`
`
`The “Subscriber Unit Of The Present Invention”
`Selects Channels For Use Only When It Has Data To Send
`
`’244 Patent at 9:27-28; 10:14-16
`Ex. 1001 (’244 Patent) at 10:33-36
`
`Ex. 2005 (Stark Decl.) at ¶56
`
`Response at 14
`
`17
`Ex. 2024-0017
`
`
`
`The “Subscriber Unit Of The Present Invention”
`Selects Physical Channels As Needed To Transfer Data
`
`* * *
`
`* * *
`
`’244 Patent at 9:27-28; 10:14-16
`Ex. 1001 (’244 Patent) at 4:59-60; 9:64-66; 10:33-36
`
`ZTE admits “[t]o ‘allocate’ an assigned channel means
`to ‘select’ that channel for use to send data.”
`
`Petition at 12
`
`Response at 14-15
`
`18
`Ex. 2024-0018
`
`
`
`“In Every Single Embodiment, The Sender . . . Selects
`The Physical Channels For Use”
`
`Ex. 2005 (Stark Decl.) at ¶56
`
`Response at 14-15
`
`19
`Ex. 2024-0019
`
`
`
`“A Subset Of The Available Channels Is Selected”
`
`* * *
`
`Ex. 1001 (’244 Patent) at 7:16-18, 26-27
`
`Response at 26
`
`Ex. 1001 (’244 Patent) at Figure 3
`
`20
`Ex. 2024-0020
`
`
`
`“The Proposed Construction . . . Adopted By The District Court And By
`Both ZTE And InterDigital In This IPR, Recognizes That The Subscriber
`Unit, Not The Base Station, Selects The Physical Channels To Be Used”
`Response at 3
`
`Wayne E. Stark, Ph.D.
`Patent Owner’s IPR Expert
`
`5 A. ... So when you allocate in the '970 or the '244
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`patent, when a channel -- when physical layer channels
`
`are allocated, they're going to be used, and they've
`
`been selected for use and they're going to be used.
`
`So my opinion has not changed from the ITC.
`
`The allocation is done at the subscriber unit. The
`
`selection for use is done at the subscriber unit. The
`
`use is done at the subscriber unit.
`
`So when a subscriber unit allocates, it's going
`
`to use because it's already selected those channels to
`
`use.
`
`Ex. 1025 (Stark Tr.) at 40:5-15
`
`Response at 3-4
`
`21
`Ex. 2024-0021
`
`
`
`“The Proposed Construction . . . Adopted By The District Court And By
`Both ZTE And InterDigital In This IPR, Recognizes That The Subscriber
`Unit, Not The Base Station, Selects The Physical Channels To Be Used”
`Response at 3
`
`Wayne E. Stark, Ph.D.
`Patent Owner’s IPR Expert
`
`15 Q. Within the context of the '244 patent
`
`16
`
`17
`
`specification in the claims, your view is that selection
`
`is different from use?
`
`18 A. Selection is different from use because the --
`
`19
`
`20
`
`21
`
`22
`
`you could use it without the subscriber unit selecting,
`
`as in GPRS. In the patent, it requires the subscriber
`
`unit to select for use. So just using it by itself is
`
`different from selecting and then using.
`
`Ex. 1025 (Stark Tr.) at 54:15-22
`
`Response at 14
`
`22
`Ex. 2024-0022
`
`
`
`In The Prior Art, The Base Station Selects The Channels
`And The Subscriber Unit Then Uses The Channels
`
`Ex. 2005 (Stark Decl.) at ¶68
`
`Response at 10-11
`
`23
`Ex. 2024-0023
`
`
`
`In Reply, Petitioner Attempts To Revise Claim
`Interpretation, Equating Selection And Mere Use
`
`Petition:
`
`Petition at 10
`
`24
`Ex. 2024-0024
`
`
`
`In Reply, Petitioner Attempts To Revise Claim
`Interpretation, Equating Selection And Mere Use
`
`Petition:
`
`Reply:
`
`Petition at 10
`
`Reply at 4
`
`25
`Ex. 2024-0025
`
`
`
`In Reply, Petitioner Attempts To Revise Claim
`Interpretation To Remove Selection By Subscriber Unit
`
`Petition:
`
`Petition at 11
`
`26
`Ex. 2024-0026
`
`
`
`In Reply, Petitioner Attempts To Revise Claim
`Interpretation To Remove Selection By Subscriber Unit
`
`Petition:
`
`Reply:
`
`Petition at 11
`
`Reply at 3
`
`27
`Ex. 2024-0027
`
`
`
`Prior Art:
`Physical Channel Selection
`By The Base Station/Network
`
`28
`Ex. 2024-0028
`
`
`
`The Experts Agree:
`Jawanda Says Nothing About Physical Channels
`
`Ex. 2005 (Stark Decl.) at ¶67
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`21
`
`BY MS. HOLLOWAY:
`
`22 Q. Okay. And you're aware, then, that the term "physical
`
`1
`
`2
`
`channel" does not appear in Jawanda?
`
`A. Jawanda does not use that term, correct.
`
`Ex. 2006 (Bims Tr.) at 21:22-22:2
`
`Response at 17
`
`29
`Ex. 2024-0029
`
`
`
`Petitioner Relies On Jawanda’s Mention of GPRS
`Standards As Disclosing “Assigned Physical Channels”
`
`Petition at 38
`
`30
`Ex. 2024-0030
`
`
`
`At the Time of the Invention, Cellular Standards
`Taught Channel Selection By The Base Station
`
`Ex. 2005 (Stark Decl.) at ¶68
`
`Response at 18, 38
`
`31
`Ex. 2024-0031
`
`
`
`In GPRS, The Network Selects
`The Physical Channels For Use
`
`1
`
`2
`
`3
`
`Ex. 2005 (Stark Decl.) at ¶73
`
`Response at 18
`
`32
`Ex. 2024-0032
`
`
`
`In GPRS, The Network Selects
`The Physical Channels For Use
`
`Ex. 2005 (Stark Decl.) at ¶74
`
`Response at 18
`
`33
`Ex. 2024-0033
`
`
`
`GPRS Dynamic Allocation:
`The Network Selects The Physical Channels
`
`* * *
`
`* * *
`
`Response at 18-20
`
`34
`Ex. 2024-0034
`
`Ex. 2005 (Stark Decl.) at ¶¶76-77
`
`
`
`GPRS Extended Dynamic Allocation:
`The Network Selects The Physical Channels
`
`* * *
`
`Ex. 2005 (Stark Decl.) at ¶78
`
`Response at 20
`
`35
`Ex. 2024-0035
`
`
`
`GPRS Fixed Allocation:
`The Network Selects The Physical Channels
`
`Ex. 2005 (Stark Decl.) at ¶79
`
`Response at 20-21
`
`36
`Ex. 2024-0036
`
`
`
`Petitioner’s Litigation Expert Admitted That In GPRS,
`The Network Selects The Physical Channels
`
`Steven W. McLaughlin, Ph.D.
`Petitioner’s Litigation Expert
`
`15 Q. Okay. So according to the GPRS standard,
`
`16
`
`17
`
`18
`
`the network uses the uplink state flag to tell the
`
`mobile station to transmit data on the PDCH
`
`corresponding to that uplink state flag. Right?
`
`19 A. Yeah, that appears to be what's happening,
`
`20
`
`yes.
`
`Ex. 2010 (McLaughlin Tr.) at 131:15-20
`
`Response at 21
`
`37
`Ex. 2024-0037
`
`
`
`Petitioner’s IPR Expert Admitted That In GPRS,
`The Network Selects The Physical Channels
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`Q. So in GPRS the cell allocates resources on one or several physical
`
`channels; right?
`
`A. That's correct.
`
`Q. Okay. And those physical channels, according to this paragraph, are
`
`taken from the common pool of channels available in the cell; right?
`
`A. Yes.
`
`Q. So these physical channels are already available or, in the terms of
`
`the '244 patent, assigned; right?
`
`MR. JONES: Objection; form, foundation.
`
`A. So these channels are assigned to individual mobile stations in GPRS.
`
`*
`
`*
`
`*
`
`Q. Okay. So what the capacity on demand in 6.1.1.2 is talking about is
`
`the allocation of physical channels by the cell; right?
`
`A. Yes, that's correct.
`
`Ex. 2006 (Bims Tr.) at 39:19-40:8, 42:3-6
`
`Response at 22
`
`38
`Ex. 2024-0038
`
`
`
`Petitioners and Their Expert Have No Evidence of
`Channel Selection By The Subscriber Unit
`
`Ex. 1005.10 (GSM 03.64 v.6.1.0) at 6.1.1
`
`Petition at 21-22, Ex. 1002 (Bims Decl.) at ¶184, ¶¶232-33
`
`39
`Ex. 2024-0039
`
`Ex. 1002 (Bims Decl.) at ¶184
`
`
`
`GPRS 5.01, Section 5 Merely
`Discloses Multiple Time Slots
`
`Ex. 1002 (Bims Decl.) at ¶184
`
`Response at 24-25
`
`40
`Ex. 2024-0040
`
`
`
`GPRS 5.01, Section 2 Describes Channels “Allocated To
`The Same MS,” by “Resource Allocation Message”
`
`Ex. 1002 (Bims Decl.) at ¶184
`
`Response at 24-25
`
`41
`Ex. 2024-0041
`
`
`
`1
`
`l
`
`GPRS “Capacity On Demand”
`(i (i)
`
`()
`
`Digital cellular telecommunications svstem {Phase 2+};
`General Packet Radio Service {GPRSL
`Overall description of the GPRS radio interface;
`Stage 2
`{GSM 03.64 version 6.1.1] Release 199?}
`
`6.1.1
`
`Allocation of resources for the GPRS
`
`'l'hc ullocuiiiui iil'pln sicu] cliuiiiicls in circuit suiichcd scn'iccs and 13111.“: is iJiiiic LJT-HEIIHICLLH} according to ihc
`
`}1I'1Ill..‘1]‘.IIL'.*-i dcn‘ci'ihci] hchm.
`
`EX. 1005.10 at 6.1.1
`Ex. 1005.10 at 6.1.1
`
`42
`Ex. 2024-0042
`
`
`
`GPRS “Capacity On Demand”
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`3
`
`4
`
`5
`
`6
`
`Q. Okay. So what the capacity on demand in 6.1.1.2 is
`
`talking about is the allocation of physical channels by
`
`the cell; right?
`
`A. Yes, that's correct.
`
`Ex. 2006 (Bims Tr.) at 42:3-6
`
`Response at 27
`
`43
`Ex. 2024-0043
`
`
`
`Text Shows That In GPRS,
`The Network Selects The Physical Channels
`
`Ex. 2011 (Heine Excerpt) at 90-92
`
`Response at 22
`
`44
`Ex. 2024-0044
`
`
`
`GPRS Is Incompatible With
`Channel Selection By The Subscriber Unit
`
`Response at 18
`
`45
`Ex. 2024-0045
`
`Ex. 2005 (Stark Decl.) at ¶95
`
`
`
`
`
`Petitioners’ “Select To Use” Theory
`Petitioners' "Select T_o Use" Theory
`
`EX. 2024-0046
`46
`Ex. 2024-0046
`
`
`
`“If A Subscriber Unit Merely Chooses To Use, Or Not Use,
`The Available Channels, This Is Not Selecting For Use”
`
`Response at 25
`
`Ex. 2005 (Stark Decl.) at ¶84
`
`Response at 25-26
`
`47
`Ex. 2024-0047
`
`
`
`“It Is Simply Not True That In GPRS, A Subscriber Unit
`Can Choose to Use, Or Not Use, Its Assigned Channels”
`
`Response at 26
`
`Ex. 2005 (Stark Decl.) at ¶75
`
`Response at 25-26
`
`48
`Ex. 2024-0048
`
`
`
`“It Is Simply Not True That In GPRS, A Subscriber Unit
`Can Choose to Use, Or Not Use, Its Assigned Channels”
`
`Response at 26
`
`Ex. 2005 (Stark Decl.) at ¶77
`
`Response at 18-19, 26
`
`49
`Ex. 2024-0049
`
`
`
`“It Is Simply Not True That In GPRS, A Subscriber Unit
`Can Choose to Use, Or Not Use, Its Assigned Channels”
`
`Response at 26
`
`Ex. 2005 (Stark Decl.) at ¶78
`
`Response at 20, 26
`
`50
`Ex. 2024-0050
`
`
`
`“It Is Simply Not True That In GPRS, A Subscriber Unit
`Can Choose to Use, Or Not Use, Its Assigned Channels”
`
`Response at 26
`
`Ex. 2005 (Stark Decl.) at ¶79
`
`Response at 20-21, 26
`
`51
`Ex. 2024-0051
`
`
`
`“In The GPRS Standards. . . The Subscriber Unit Is Required
`To Use The Channels Selected By The Base Station”
`
`Response at 25
`
`Ex. 2005 (Stark Decl.) at ¶77
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`10 Q. Okay. You mentioned mandatory features.
`
`11
`
`12
`
`What language is used to identify a mandatory
`
`feature in a standard?
`
`13 A. So typically the sentence would include the word "shall”
`
`14
`in reference to a mandatory functionality.
`The Experts Agree: "Shall" Is Mandatory Language
`
`Ex. 2006 (Bims Tr.) at 155:10-14
`
`Response at 20-21, 26
`
`52
`Ex. 2024-0052
`
`
`
`“In The GPRS Standards. . . The Subscriber Unit Is Required
`To Use The Channels Selected By The Base Station”
`
`Response at 25
`
`Ex. 2005 (Stark Decl.) at ¶90
`
`Response at 26
`
`53
`Ex. 2024-0053
`
`
`
`Claims 8 and 30 Not Disclosed
`
`54
`Ex. 2024-0054
`
`
`
`“Claims 8 and 30 Are Not Disclosed By
`Jawanda With A GPRS Cellular Connection”
`
`Response at 39
`
`“Jawanda With GPRS Does Not Include A Cellular Network That Is A CDMA Network”
`Response at 39
`
`GPRS
`
`GPRS
`
`GPRS
`
`*
`
`*
`
`*
`
`Ex. 1001 (’244 Patent) at Claim 1
`
`Ex. 1001 (’244 Patent) at Claim 8
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`Q. Okay. Now, GPRS uses time division multiple
`access or TDMA; right?
`MR. JONES: Objection; form.
`A. Yes, that's true.
`
`Response at 39-40
`
`Ex. 2006 (Bims Tr.) at 32:22-33:3
`
`55
`Ex. 2024-0055
`
`
`
`“Claims 8 and 30 Are Not Disclosed By
`Jawanda With A GPRS Cellular Connection”
`
`Response at 39
`
`“Jawanda With GPRS Does Not Include A Cellular Network That Is A CDMA Network”
`Response at 39
`
`GPRS
`
`GPRS
`
`Jawanda – CDMA
`
`*
`
`*
`
`*
`
`Ex. 1001 (’244 Patent) at Claim 1
`
`Ex. 1001 (’244 Patent) at Claim 8
`
`Petitioner Cannot Rely On A Completely Different Type of Cellular Network Using
`Different Types of Physical Channels For Claims 8 and 30
`
`Response at 39-40
`
`Response at 40
`
`56
`Ex. 2024-0056
`
`
`
`Other Prior Art Standards
`
`57
`Ex. 2024-0057
`
`
`
`“[I]n IS-95 and IS-657, The Base Station Selects The Physical Channel”
`Ex. 2005 (Stark Decl.) at ¶102
`
`*
`
`*
`
`*
`
`Ex. 2005 (Stark Decl.) at ¶¶68, 102
`
`Steven W. McLaughlin, Ph.D.
`Petitioner’s Litigation Expert
`
`Q. Sure. The base station in IS-95, IS-657, the base station tells the mobile
`station which traffic channels to use; right?
`A. Yes.
`Q. And specifically the base station tells the mobile station which traffic
`channel to use by sending it a channel assignment message; right?
`A. Yes.
`Q. And that message direct the mobile station to the traffic channel; right?
`A. Yes.
`
`Ex. 2015 (Delaware Trial Tr.) at 1108:3-14
`
`Response at 18, Ex. 2005 (Stark Decl.) at ¶102
`
`58
`Ex. 2024-0058
`
`
`
`“In CDPD . . . The Base Station Selects The Channel”
`
`Response at 18
`
`Ex. 2005 (Stark Decl.) at ¶105
`
`Steven W. McLaughlin, Ph.D.
`Petitioner’s Litigation Expert
`
`Q. According to WDN '96, in CDPD, in each cell, the base station is responsible
`for channel usage, correct?
`MR. BROOKS: Objection, the document speaks for itself.
`A. Yes, that's what the document says. Yes.
`BY MS. HOLLOWAY:
`Q. And that as far as you know is an accurate description of CDPD? 09:27:16
`A. Yes.
`Q. Okay. And according to WDN '96, the base station selects the channel to be
`used for CDPD within the cell, correct?
`MR. BROOKS: Objection, the document speaks for itself.
`A. Yes, that's what the document says.
`
`Response at 18, Ex. 2005 (Stark Decl.) at ¶105
`
`Ex. 2008 (868 Dep. Tr.) at 304:5-20
`
`59
`Ex. 2024-0059
`
`
`
`Petitioners’ Reply Claim Construction
`
`60
`Ex. 2024-0060
`
`
`
`In Reply, Petitioner Attempts To Revise Claim
`Interpretation, Equating Selection And Mere Use
`
`Petition:
`
`Petition at 10
`
`61
`Ex. 2024-0061
`
`
`
`In Reply, Petitioner Attempts To Revise Claim
`Interpretation, Equating Selection And Mere Use
`
`Petition:
`
`Reply:
`
`Petition at 10
`
`Reply at 4
`
`62
`Ex. 2024-0062
`
`
`
`In Reply, Petitioner Attempts To Revise Claim
`Interpretation To Remove Selection By Subscriber Unit
`
`Petition:
`
`Petition at 11
`
`63
`Ex. 2024-0063
`
`
`
`In Reply, Petitioner Attempts To Revise Claim
`Interpretation To Remove Selection By Subscriber Unit
`
`Petition:
`
`Reply:
`
`Petition at 11
`
`Reply at 3
`
`64
`Ex. 2024-0064
`
`
`
`Subscriber Unit Of The Present Invention
`
`* * *
`
`* * *
`
`Ex. 1001 (’244 Patent) at 4:59-60; 9:64-66; 10:33-36
`
`Response at 15, Ex. 2005 (Stark Decl.) at ¶34, Ex. 1002 (Bims Decl.) at ¶99
`
`65
`Ex. 2024-0065
`
`
`
`Petitioner’s Expert
`Petitioner's Expert
`
`DECLARATION OF DR. HARRY BIMS IN SUPPORT OF
`
`THE PETITION FOR INTER R4RTES REVIEW
`
`OF US. PATENT NO. 3380344
`
`Rather, the specification describes
`
`‘1
`
`what acticns to perform cn thcse assigned channel s that have been made available to the
`
`subscriber unit. “For example a bandwidth management function may make cnlv a certain
`
`number of channels available at any time” (Ea. IUD] {244 patent) at T2446). “A subset cf the
`
`available channels 3C! is selected, and then the optimum number of bits for each subf'rame
`
`intended he be transmined ever respective cne cf the channels? is then chcsen” (Ea. lflfll (244
`
`patent) at TEES-29}.
`
`,
`Ex. 1002 (Bims Decl.) at ¶98
`EX. 1002 (Blms Decl.) at (”98
`
`EX. 2024-0066
`66
`Ex. 2024-0066
`
`
`
`Petitioners: “Any Subscriber Unit That Uses A Channel
`Necessarily ‘Selects’ . . . That Channel For Use”
`Reply at 4, Response at 3
`
`Ex. 2005 (Stark Decl.) at ¶68
`
`Response at 2-3
`
`Response at 2-3
`
`67
`Ex. 2024-0067
`
`
`
`“The Proposed Construction . . . Adopted By The District Court And By
`Both ZTE And InterDigital In This IPR, Recognizes That The Subscriber
`Unit, Not The Base Station, Selects The Physical Channels To Be Used”
`Response at 3
`
`Wayne E. Stark, Ph.D.
`Patent Owner’s IPR Expert
`
`5 A. ... So when you allocate in the '970 or the '244
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`patent, when a channel -- when physical layer channels
`
`are allocated, they're going to be used, and they've
`
`been selected for use and they're going to be used.
`
`So my opinion has not changed from the ITC.
`
`The allocation is done at the subscriber unit. The
`
`selection for use is done at the subscriber unit. The
`
`use is done at the subscriber unit.
`
`So when a subscriber unit allocates, it's going
`
`to use because it's already selected those channels to
`
`use.
`
`Ex. 1025 (Stark Tr.) at 40:5-15
`
`Response at 3-4
`
`68
`Ex. 2024-0068
`
`
`
`“The Proposed Construction . . . Adopted By The District Court And By
`Both ZTE And InterDigital In This IPR, Recognizes That The Subscriber
`Unit, Not The Base Station, Selects The Physical Channels To Be Used”
`Response at 3
`
`Wayne E. Stark, Ph.D.
`Patent Owner’s IPR Expert
`
`15 Q. Within the context of the '244 patent
`
`16
`
`17
`
`specification in the claims, your view is that selection
`
`is different from use?
`
`18 A. Selection is different from use because the --
`
`19
`
`20
`
`21
`
`22
`
`you could use it without the subscriber unit selecting,
`
`as in GPRS. In the patent, it requires the subscriber
`
`unit to select for use. So just using it by itself is
`
`different from selecting and then using.
`
`Ex. 1025 (Stark Tr.) at 54:15-22
`
`Response at 14
`
`69
`Ex. 2024-0069
`
`
`
`“Assigned Physical Channels” Means “Physical Channels
`Available For The Subscriber To Select For Use”
`
`Petitioner Proposed This Construction, And
`Their Expert Supported It
`
`Petition at 10, Bims Dec. at ¶96
`
`Patent Owner And Their Expert Agreed
`Resp. at 13, Stark Dec. at ¶55
`
`Description of The Present Invention Requires
`Physical Channel Selection By Subscriber Unit,
`As Needed To Transfer Data
`
`Ex. 2005 (Stark Decl.) at ¶56, Ex. 1001 (’244 Patent) at 9:27-28, 9:64-66, 10:33-36, Figure 6;
`see also Ex. 1002 (Bims Decl.) at ¶99
`
`Response at 13-15
`
`70
`Ex. 2024-0070
`
`
`
`GPRS: “The Base Station, Not The Subscriber Unit,
`Selects The Physical Channels”
`
`Response at 18
`
`Ex. 2005 (Stark Decl.) at ¶68
`
`Response at 18-22
`
`71
`Ex. 2024-0071
`
`
`
`GPRS: “The Base Station, Not The Subscriber Unit,
`Selects The Physical Channels”
`
`Response at 18
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`19 Q. So in GPRS the cell allocates resources on one or
`
`20
`
`several physical channels; right?
`
`21 A. That's correct.
`
`*
`
`*
`
`*
`
`4 Q. So these physical channels are already available or, in
`
`5
`
`the terms of the '244 patent, assigned; right?
`
`6 MR. JONES: Objection; form, foundation.
`
`7 A. So these channels are assigned to individual mobile
`
`8
`
`stations in GPRS.
`
`Ex. 2006 (Bims Tr.) at 39:19-21, 40:4-8
`
`Response at 22
`
`72
`Ex. 2024-0072
`
`
`
`GPRS: “The Base Station, Not The Subscriber Unit,
`Selects The Physical Channels”
`
`Response at 18
`
`Steven W. McLaughlin, Ph.D.
`Petitioner’s Litigation Expert
`
`15 Q. Okay. So according to the GPRS standard,
`
`16
`
`17
`
`18
`
`the network uses the uplink state flag to tell the
`
`mobile station to transmit data on the PDCH
`
`corresponding to that uplink state flag. Right?
`
`19 A. Yeah, that appears to be what's happening,
`
`20
`
`yes.
`
`Ex. 2010 (McLaughlin Tr.) at 131:15-20
`
`Response at 21
`
`73
`Ex. 2024-0073
`
`
`
`Agreed Construction Of
`“Communication Session”
`
`74
`Ex. 2024-0074
`
`
`
`The Parties Agree A “Communication Session”
`Is A “Logical Connection” For This IPR
`
`Petition at 14
`
`75
`Ex. 2024-0075
`
`Petition at 14
`
`
`
`“Surrounding Claim Language”:
`“Connection . . . . Is Necessarily Logical”
`
`Response at 15
`
`Ex. 1001 (’244 Patent) at Claim 1
`
`Response at 15
`
`76
`Ex. 2024-0076
`
`
`
`A “Logical Connection” “Confirmed By The Specification”
`
`Response at 16
`
`Response at 16
`
`77
`Ex. 2024-0077
`
`Ex. 1001 (’244 Patent) at 4:5-26
`
`
`
`Jawanda:
`No Logical Connection With
`The Cellular Wireless Network,
`While Using The WLAN
`
`78
`Ex. 2024-0078
`
`
`
`Jawanda’s “Optionally Maintain[ed]” WWAN Connection
`
`The “communication session with the cellular
`wireless network” is a “logical connection with
`the cellular wireless network”
`
`Petition at 15, Response at 15
`
`“Nothing in Jawanda Suggests That the Cellular
`Connection That is Optionally “Maintained”
`Is Anything But A Standard End-to-End
`Connection Using Physical Channels”
`
`Response at 29
`
`79
`Ex. 2024-0079
`
`
`
`Petitioner’s IPR Expert Admits Optionally Maintaining The
`Cellular Connection Means It Continues to Exist or is Active
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`22 Q. Right. And what you are referring to, as I understand
`
`1
`
`2
`
`3
`
`it, is the discussion of optionally maintaining the WWAN
`
`connection in Box 122 of Figure 4.
`
`Is that right?
`
`4 MR. JONES: Objection; foundation, form.
`
`5 A. So in Block 122 it talks about the seamless handoff of
`
`6
`
`7
`
`8
`
`9
`
`datagrams from the WWAN connection to the WLAN
`
`connection, and there's an option in this block to
`
`maintain the WWAN connection when that rerouting of
`
`datagrams through a seamless handoff has occurred.
`
`*
`
`*
`
`*
`
`19 Q. Just so we're clear here, "maintain" means "continues to
`
`20
`
`exist after it's been established"; right?
`
`21 A. Right.
`
`22
`
`1
`
`Continues to exist or is active as is called
`
`for, yes.
`
`Ex. 2006 (Bims Tr.) at 52:22-53:9, 12:19-13:1
`
`Ex. 1003 (Jawanda ’581 Patent) at Figure 4
`
`Response at 29, Ex. 2005 (Stark Decl.) at ¶114
`
`80
`Ex. 2024-0080
`
`
`
`Petitioner’s Litigation Expert Admits The “Optionally
`Maintained” Cellular Connection Is “Active”
`
`Steven W. McLaughlin, Ph.D.
`Petitioner’s Litigation Expert
`
`23
`24
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`
`MS. HOLLOWAY: Can we see Dr.
`McLaughlin's deposition at 65, lines 15 through
`19?
`BY MS. HOLLOWAY:
`Q. Okay. So talking about this figure in
`
`Jawanda, I said:
`"If the wireless data connection
`with the cellular WWAN is already active in box
`130, that's because it was maintained and
`therefore remained active in box 122. Right?
`"Answer: Yes."
`Did you give that testimony?
`A. I gave that testimony, but I think you are
`talking here about box 130. The question is
`about box 130, not about --
`Q. And about box 122.
`A. Yes.
`Q. But the point is if the cellular WWAN is
`maintained, it is active.
`MS. HOLLOWAY: Can we have that back
`up, please?
`BY MS. HOLLOWAY:
`Q. If the cellular connection is maintained,
`it is active. That's what you said?
`A. Yes. Yes.
`
`Ex. 2015 (Delaware Trial Tr.) at 1118:23-1119:23
`
`Response at 31, Ex. 2005 (Stark Decl.) at ¶114
`
`81
`Ex. 2024-0081
`
`
`
`Petitioner’s Litigation Expert Admits
`An Active Connection Is “In Use”
`
`Steven W. McLaughlin, Ph.D.
`Petitioner’s Litigation Expert
`
`11 MS. HOLLOWAY: Can we have Dr.
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`McLaughlin's 2013 deposition, page 189, line 22
`
`to 190, line 4.
`
`BY MS. HOLLOWAY:
`
`Q. "First of all, in general, what is an
`
`active connection in the context of wireless
`
`communications?
`
`"Answer: Again, broad strokes, it
`
`would be a connection that's active, i.e. being
`
`used or -- I think of a connection that's being
`
`used, a wireless link that's being used."
`
`Did you give that testimony under
`
`oath, Doctor?
`
`24 A. Yes.
`
`Response at 31
`
`82
`Ex. 2024-0082
`
`Ex. 2015 (Delaware Trial Tr.) at 1120:11-24
`
`
`
`Jawanda Teaches Concurrent Connections,
`Optionally Maintained
`
`Ex. 1003 (Jawanda ’581 Patent) at 5:32-34
`
`Ex. 1003 (Jawanda ’581 Patent) at Figure 4
`
`Response at 30-31
`
`83
`Ex. 2024-0083
`
`
`
`Jawanda: Wireless Cellular Connection Established
`
`Response at 29
`
`84
`Ex. 2024-0084
`
`Ex. 1003 (Jawanda ’581 Patent) at Figure 4
`
`
`
`Jawanda: Established Cellular Connection Used
`
`Response at 29
`
`85
`Ex. 2024-0085
`
`Ex. 1003 (Jawanda ’581 Patent) at Figure 4
`
`
`
`Jawanda: Use WLAN, Optionally Maintain Cellular Connection
`
`Response at 29
`
`86
`Ex. 2024-0086
`
`Ex. 1003 (Jawanda ’581 Patent) at Figure 4
`
`
`
`Jawanda: Establish Cellular Connection If “Not Already Active”
`
`Response at 29
`
`87
`Ex. 2024-0087
`
`Ex. 1003 (Jawanda ’581 Patent) at Figure 4
`
`
`
`Jawanda: “If The Cellular Connection Is ‘Maintained,’ It Is ‘Active’”
`
`Response at 31
`
`“The WWAN connection will
`
`only be active . . . if it was
`
`maintained in block 122”
`
`Response at 31
`
`Ex. 1003 (Jawanda ’581 Patent) at Figure 4
`
`Response at 31
`
`88
`Ex. 2024-0088
`
`
`
`Jawanda: “Close All Active Data Connections”
`
`Response at 29-30
`
`89
`Ex. 2024-0089
`
`Ex. 1003 (Jawanda ’581 Patent) at Figure 4
`
`
`
`The Cellular Connection in Jawanda is Established,
`Used, and Either Maintained or Terminated
`
`Ex. 2005 (Stark Decl.) at ¶117
`
`Ex. 1003 (Jawanda ’581 Patent) at Figure 4
`
`Response at 29-31
`
`90
`Ex. 2024-0090
`
`
`
`Petition And Expert Assert
`Several Different Theories For Logical Connection
`
`Maintaining the “Application Session”
`
`Mobile IP (Not Briefed by Petitioner)
`
`Petition at 22-23; Response at 27-28, 32-33; Ex. 1002 (Bims Decl.) at ¶¶57, 193, 196-98
`
`91
`Ex. 2024-0091
`
`
`
`The Experts Agree: The “Application Session”
`Is Not The Claimed “Logical Connection”
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`Ex. 2005 (Stark Decl.) at ¶112
`
`Q. Okay. And are you saying that this application session that you say
`
`would have to exist is a communication session that is maintained with
`
`the cellular network, as required by the claims?
`
`MR. JONES: Objection; foundation, form.
`A. The communication session that is maintained as required by the claims
`is a communication session between the subscriber unit and either the
`WLAN or the WWAN, which is different from an application session between
`two end points.
`
`Response at 27-28
`
`Ex. 2006 (Bims Tr.) at 121:8-17
`
`92
`Ex. 2024-0092
`
`
`
`Dr Bims' Change In Position On Application Session
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`8 Q. Okay. And are you saying that this application session
`
`9
`
`10
`
`11
`
`12
`
`that you say would have to exist is a communication
`
`session that is maintained with the cellular network, as
`
`required by the claims?
`
`MR. JONES: Objection; foundation, form.
`
`13 A. The communication session that is maintained as required
`
`14
`
`15
`
`16
`
`17
`
`by the claims is a communication session between the
`
`subscriber unit and either the WLAN or the WWAN, which
`
`is different from an application session between
`
`two end points.
`
`Ex. 2006 (Bims Tr.) at 121:8-17
`
`Response at 28
`
`93
`Ex. 2024-0093
`
`
`
`Dr Bims' Change In Position On Application Session
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`18
`
`19
`
`Now, you testified for ZTE and Nokia in an ITC
`
`investigation; right?
`
`20 A. Yes.
`
`21 Q. Okay. And in that case, you took the position that the
`
`22
`
`1
`
`2
`
`application session in Jawanda is a communication
`
`session that is maintained with the cellular network
`
`when the physical channels are released; right?
`
`3 MR. JONES: Objection; scope, form,
`
`4
`
`foundation.
`
`5 A. Yes.
`
`Ex. 2006 (Bims Tr.) at 123:18-124:5
`
`Response at 28
`
`94
`Ex. 2024-0094
`
`
`
`Mobile IP “Connection” Is With the WLAN,
`Not the Cellular Network
`
`Ex. 2005 (Stark Decl.) at ¶120
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`20 Q. Okay. So if that point of attachment is the WLAN, then
`
`21 the logical connection you're pointing to is between the
`
`22 mobile node and the WLAN; right?
`
`1 MR. JONES: Objection; foundation.
`
`2 A. The logical connection would be between those two, yeah.
`
`Ex. 2006 (Bims Tr.) at 117:20-118:2
`
`Response at 33
`
`95
`Ex. 2024-0095
`
`
`
`
`
`PDP Context In GPRS
`PDP Context In GPRS
`
`EX. 2024-0096
`96
`Ex. 2024-0096
`
`
`
`”Jawanda Teaches Only To Use GPRS ‘Data Connections’
`In Order To Transmit ‘Wireless Signals’”
`
`Response at 34
`
`Ex. 1003 (Jawanda ’581 Patent) at 3:6-9
`
`Ex. 2005 (Stark Decl.) at ¶130
`
`Response at 34
`
`97
`Ex. 2024-0097
`
`
`
`Nothing in Jawanda Suggests Maintaining a
`Logical Connection With The Cellular Network
`
`Response at 31
`
`Jawanda teaches using “data connections . . .
`according to any currently available or future
`wireless data protocol such as . . . CDPD
`or GPRS”
`
`Response at 34, Jawanda (Ex. 1003) at 3:6-9
`
`Jawanda teaches “optionally maintaining” an
`“active” cellular connection
`
`Response at 30-31, Jawanda (Ex. 1003) at Fig. 4 blocks 122 and 130
`
`98
`Ex. 2024-0098
`
`
`
`Petitioner’s Expert Dr. Bims Fails To Show That GPRS Included
`Maintaining PDP Context When Physical Channels Are Not In Use
`
`Ex. 1002 (Bims Decl.) at ¶200
`
`“Says Nothing About PDP Context”
`
`Response at 35
`
`Response at 35-36
`
`99
`Ex. 2024-0099
`
`
`
`Petitioner’s Expert Dr. Bims Fails To Show That GPRS Included
`Maintaining PDP Context When Physical Channels Are Not In Use
`
`Ex. 1002 (Bims Decl.) at ¶201
`
`“Says Nothing About The Physical Radio Link,
`Or Physical Channels”
`
`Response at 35-36
`
`Response at 35-36
`
`100
`Ex. 2024-0100
`
`
`
`Petitioner’s Expert Dr. Bims Fails To Show That GPRS Included
`Maintaining PDP Context When Physical Channels Are Not In Use
`
`Ex. 1002 (Bims Decl.) at ¶203
`
`“Says Nothing About The Physical Radio Link,
`Or Physical Channels”
`
`Response at 36
`
`Response at 35-36
`
`101
`Ex. 2024-0101
`
`
`
`Dr. Bims Admits Mobility Management
`Relates to Tracking Movement
`
`Harry Bims, Ph.D.
`Petitioner’s IPR Expert
`
`21 Q. So returning to my question, mobility management states,
`
`22
`
`1
`
`2
`
`do they at all relate to physical channels or physical
`
`links, as you discussed with Ms. Holloway during your
`
`cross-examination?
`
`3 A. So mobility management states relate to the tracking of
`
`4
`
`5
`
`6
`
`the movement of the subscriber unit, which is different
`
`from the transmission of datagrams through these
`
`PDCH channels, as I described in my declaration.
`
`Ex. 2006 (Bims Tr.) at 174:21-175:6
`
`Response at 36
`
`102
`Ex. 2024-0102
`
`
`
`Dr. Bims' Prior Position
`
`Response at 38-39
`
`103
`Ex. 2024-0103
`
`Ex. 2017 at Q275
`
`
`
`Petitioners' Litigation Expert On PDP Context
`
`Steven W. McLaughlin, Ph.D.
`Petitioner’s Litigation Expert
`
`Q. ... Okay. And it's your opinion,
`
`Doctor, that PDP context and CDMA session are not
`
`logical connections; right?
`
`8
`
`9
`
`10
`
`11 A. That's right.
`
`Ex. 2015 (Delaware Trial Tr.) at 1074:8-11
`
`Response at 39
`
`104
`Ex. 2024-0104
`
`
`
`
`
`Draft GPRS Documents
`Draft GPRS Documents
`
`EX. 2024-0105
`105
`Ex. 2024-0105
`
`
`
`“The Various GPRS Documents
`Cannot Be Considered A Single Reference”
`
`Response at 41
`
`the GSM standard includes hundreds of
`“Indeed,
`individual specifications .
`.
`. each with its own title
`and separate page numbering.
`Each specification,
`though part of the greater GSM standard, stands as a
`separate document in its own right .
`.
`. Under these
`circumstances, the GSM standard is actually several prior
`art references with separate dates of creation, rather than
`a single prior art
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