IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Case No. 6:14-cv-678-RWS
`LEAD CASE
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`
`Case No. 6:14-cv-680-RWS
`Consolidated case
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`TracBeam, LLC,
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`v.
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`T-Mobile US, Inc., and
`T-Mobile USA, Inc.,
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`TracBeam, LLC,
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`v.
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`Apple Inc.,
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`Plaintiff,
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`Defendants.
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`Plaintiff,
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`Defendant.
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`Plaintiff TracBeam’s Amended Disclosure of Asserted Claims and
`Infringement Contentions under Patent Rule 3-1(g) as to T-Mobile
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`CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE CODE
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`T-Mobile / TCS / Ericsson EXHIBIT 1018
`T-Mobile / TCS / Ericsson v. TracBeam
`1
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`Exh. 1
`U.S. Patent No. 7,298,327
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`
`This chart is derived from Exhibit D to TracBeam’s P.R. 3-1(g) contentions served April 3,
`2015. Claims that are no longer asserted from this patent are not included in this chart. The
`additional detail and citations provided in this chart are expressly identified below (under the
`heading “Supplement 7/1/2016.” As stated in the cover document, the below contentions do not
`constitute the expert opinions of TracBeam’s experts and may be broader in scope than the
`opinions of TracBeam’s experts that will be disclosed in expert reports. Furthermore, these
`contentions are specific to the T-Mobile accused instrumentality and its design and operation and
`cannot necessarily be applied more broadly to other systems or methods that make use of similar
`technologies or location determining methods. All cites to code files, documents, or other
`evidence in support of the contentions disclosed below is exemplary and non-exhaustive.
`Additional supporting evidence will be relied upon by TracBeam and its experts in their expert
`reports and at trial.1
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`
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`Claim 1 elements
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`T-Mobile’s accused method2
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`[pre] A method for locating
`communication devices in
`communication with a
`communications network having a
`plurality of geographically
`dispersed network communication
`components operably connected
`together for communicating with
`the communication devices,
`comprising:
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`T-Mobile performs (or, alternatively, controls or directs the
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`performance of) a method of locating wireless mobile stations by
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`providing, operating, using, controlling, and directing T-Mobile’s and/or
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`the legacy MetroPCS network’s e911 and commercial location based
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`platform and services and the processes performed by T-Mobile and/or its
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`vendors in connection with the provision of e911 and commercial location
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`based services on or for the T-Mobile and/or legacy MetroPCS networks
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`(including 2G, 3G, and 4G/LTE) and T-Mobile and/or the legacy Metro
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`PCS wireless subscribers (and subscribers roaming on a T-Mobile or
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`legacy Metro PCS network during a location session).
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`The “communication devices” limitation is met by the cell phones,
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`smartphones, tablets, notebooks, and other portable communication
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`2 For each of the asserted claims in the ‘327 patent, T-Mobile’s accused method includes the methods
`used by T-Mobile to locate mobile devices on the legacy MetroPCS network.
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`T-Mobile / TCS / Ericsson EXHIBIT 1018
`T-Mobile / TCS / Ericsson v. TracBeam
`2
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`not alter the accuracy of each underlying location estimation method. At
`best, the PSAP can be presented with the most accurate estimate the
`carrier was able to make from among its various technologies or
`approaches for each 911 call—but the time to determine which estimate is
`likely the most accurate will be governed by the slowest time-to-first-fix,
`while attempting to return a result within 30 seconds.”
`TB-TM-00000356.
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`“To address this, and because all Phase II location technologies involve
`trade-offs between accuracy, yield, and latency (including U-TDOA and
`carrier fallback technologies like RTT), T-Mobile and other carriers
`provide call-by-call uncertainty estimates to those PSAPs that want the
`information. These uncertainty estimates can provide PSAPs with what is
`functionally the most helpful information—an estimate of how large an
`area around the location estimate must be included for the carrier to be
`confident to a specified level (90 percent for T-Mobile) that the caller is
`located within that area. While uncertainty is not the same as accuracy, it
`does indicate to the PSAP the likely search radius. This addresses the
`issue of variability in location estimates—which occurs within a
`technology as well as across technologies—in the most targeted manner,
`through the provision of relevant information.” TB-TM-00000340.
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`Supplement 7/1/2016
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`See above supplement.
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`Claim 60 elements
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`T-Mobile’s accused method
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`A method for locating
`communication devices, wherein
`each one of a plurality of location
`determiners is used for
`determining corresponding
`geographic location information
`for each of various ones of the
`communication devices, and
`wherein for at least one actual
`geographic location (L) of at least
`one of the communication devices
`(CD), at least a first and a second
`of the location determiners
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`
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`T-Mobile performs (or, alternatively, controls or directs the
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`performance of) a method of locating wireless mobile stations by providing,
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`operating, using, controlling, and directing T-Mobile’s and/or the legacy
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`MetroPCS network’s e911 and commercial location based platform and
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`services and the processes performed by T-Mobile and/or its vendors in
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`connection with the provision of e911 and commercial location based
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`T-Mobile / TCS / Ericsson EXHIBIT 1018
`T-Mobile / TCS / Ericsson v. TracBeam
`3
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`Claim 60 elements
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`T-Mobile’s accused method
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`determine different corresponding
`geographic location information
`for locating the communication
`device CD, comprising:
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`services on or for the T-Mobile and/or legacy MetroPCS networks
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`(including 2G, 3G, and 4G/LTE) and T-Mobile and/or the legacy Metro PCS
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`wireless subscribers (and subscribers roaming on a T-Mobile or legacy Metro
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`PCS network during a location session).
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`Depending on the Court’s claim construction, the “location
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`determiners” limitation is met by processes and/or sub-processes performed
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`by the mobile stations (identified above), the network base stations, T-
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`Mobile and/or legacy MetroPCS servers, and/or vendor servers that
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`determine or provide location estimates, determine or provide information
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`used to make location estimates, and/or the hardware or software
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`components that perform or execute such processes and/or sub-processes.
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`The components include, but are not limited to:
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` Device components including GPS chipsets, core processor, system
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`on chip (SOCs), WiFi chipset or radio circuit, and baseband processor
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`or chipset;
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` Network components including the base station; base transceiver
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`station; base station controller; node B; Radio Network Controller
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`(RNC); location measuring unit (LMU); serving mobile location
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`center (SMLC); mobile switching center (MSC); Gateway Mobile
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`Location Center (GMLC); Mobile Positioning Center (MPC);
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`position determining entity (PDE); aGPS or GLONASS servers,
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`T-Mobile / TCS / Ericsson EXHIBIT 1018
`T-Mobile / TCS / Ericsson v. TracBeam
`4
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`Claim 60 elements
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`T-Mobile’s accused method
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`databases, and reference networks; SUPL servers or SLP; and Cell-ID
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`(and enhanced cell ID) servers and databases.”
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`For “communication devices,” see claim 1(preamble).
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`Depending on the Court’s claim constructions, the limitation
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`“geographical location information” is met by
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` GPS signals, GPS ephemeris data, A-GPS assistance data,
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`GLONASS signals, GLONASS ephemeris data, A-GLONASS
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`assistance data, latitude, longitude, and altitude information and
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`estimates, GPS and A-GPS estimates, and GLONASS and A-
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`GLONASS estimates;
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` WiFi access point signals, Wi-Fi hotspot information or location
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`models,
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` cell tower signals or other cell tower information or location models,
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`
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`location estimates created by Round Trip Time (RTT), A-GPS/RTT
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`hybrid, TDOA, U-TDOA, OTDOA, Cell ID, Enhanced Cell-ID, Cell-
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`ID Timing Advance, WiFi, and indoor location techniques, and at
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`least in the case of legacy MetroPCS, AFLT and hybrid AFLT signals
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`and measurements, and
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` measurements based on or used to determine any, all, or a
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`combination of the items identified above;
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` estimates as to the accuracy, confidence, or reliability of such
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`location information or estimate or of the location technology or
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`T-Mobile / TCS / Ericsson EXHIBIT 1018
`T-Mobile / TCS / Ericsson v. TracBeam
`5
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`Claim 60 elements
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`T-Mobile’s accused method
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`estimating source (including filtering, outlier, and/or sanity check
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`related data);
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` data relating to time, such as a time stamp, time delay data, time of
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`transmission data, time of arrival data, and other time-related data;
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` directions;
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` geographical identifications (such as streets, roads, landmarks);
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`and/or
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` names of places (e.g. names of streets, restaurants, etc.).
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`The phrase “first and a second of the location determiners” refers to
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`two different instances of location determiners.
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`To the extent the foregoing structures or acts do not literally meet the
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`claim requirements, they do so under the doctrine of equivalents.
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`TracBeam reserves the right to supplement or amend its contentions
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`based on (1) discovery that has not yet been received in this case, including
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`source code. P.R. 3-1(g) and/or (2) claim constructions rulings from the
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`Court and/or Defendants’ disclosure of claim constructions positions or non-
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`infringement contentions.
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`Sample evidence.
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`“T-Mobile is proud of the high Phase II yield and high accuracy made
`available to PSAPs by this robust combination of positioning methods. For
`all 911 calls over 30 seconds, including outdoor and indoor locations (from
`wherever the actual 911 calls are originating), our national UMTS yield for
`the initial A-GPS attempt is over 77 percent—up from 74 percent a year ago.
`Thus, not only is AGPS yield high, but is actually increasing over time as a
`result of both handset and network improvements, despite the possible
`increase in wireless 911 calls originating from indoors. Of the remaining 911
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`T-Mobile / TCS / Ericsson EXHIBIT 1018
`T-Mobile / TCS / Ericsson v. TracBeam
`6
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