UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`Samsung Electronics Co., Ltd., and,
`Samsung Electronics America, Inc.,
`
`Petitioners
`
`V.
`
`Evolved Wireless LLC,
`
`Patent Owner
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`02198700022/8125175J
`
`
`
`DECLARATION OF YOUNGBUM KIM
`
`PETITIONERS 1050-0001
`IPR2016-00758
`
`
`
`
`
`Samsung Electronics Co., Ltd., and,
`Samsung Electronics America, Inc.,
`
`Petitioners
`
`V.
`
`Evolved Wireless LLC,
`
`Patent Owner
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`02198700022/8125175J
`
`
`
`DECLARATION OF YOUNGBUM KIM
`
`PETITIONERS 1050-0001
`IPR2016-00758
`
`
`
`1.
`
`My name is Youngbum Kim.
`
`I am a principal engineer at Samsung
`
`Electronics Co., Ltd, and have been employed by Samsung since 2002.
`
`2.
`
`Ihave served as one of Samsung’s delegates to the Third Generation
`
`Partnership Project (“3GPP”) for 14 years, since 2002. Specifically, I served in a
`
`subgroup of 3GPP’s Technical Specification Group — Radio Access Network
`
`(“TSG-RAN”). This subgroup is known as Working Group 1 (“WGI”).
`
`3.
`
`Since 2002, I attended dozens of WGl ’3 meetings and subscribed to WGl ’s
`
`reflector list (3GPP_TSG_RAN_WG1@list.etsi.org), to which I have sent e—mails
`
`and through which Ihave received e-mails. In general, before each WGl meeting
`
`02198—00022/8125175. l
`
`that I attended, I received e-mail messages from other companies’ delegates
`
`through WGl ’s reflector list, providing technical documents, called contributions,
`
`for discussion at the meeting. Some of those e—mails provided the technical
`
`documents as e—mail attachments, while other e-mails provided hyperlinks to the
`
`locations where the technical documents were stored on 3GPP’s publicly available
`
`website <http://www.3gpp.org>. These technical documents were always
`
`uploaded to, and freely available for download at, 3GPP’s publicly available
`
`website, regardless of whether the documents were emailed through WGl ’s
`
`reflector—list as attachments or hyperlinks.
`
`PETITIONERS 1050-0002
`IPR2016-00758
`
`
`
`4.
`
`As a delegate for WGl, I sent e—mail messages submitting technical
`
`documents on Samsung’s behalf to WGl ’s reflector list many times before
`
`meetings for which the documents were submitted for discussion.
`
`5.
`
`In my 14 years as a delegate for WGl, I have also regularly accessed the
`
`location on 3GPP’s website storing technical documents submitted to WGl. That
`
`location is freely available to the public at the uniform resource identifier
`
`<http://www.3gpp.org/ftp/tsg_ran/WG1_RLl/>, which I refer to in this declaration
`
`in several ways. For example, I accessed to 3GPP’s homepage
`
`http://www.3gpp.org and from which I navigated to WGl ’3 public directory. I
`
`could also access the public directory directly by entering its uniform resource
`
`identifier into my web browser. Regardless of which method I used to access
`
`WGl ’5 public directory, I have never encountered a password requirement or any
`
`other restriction that would prevent me or a member of the general public from
`
`accessing WGl ’5 public directory or any intermediate location. Based on my 14
`
`years of experience as a WGl delegate, any member of the public could freely
`
`access WGI ’3 public directory, browse it, and download technical documents
`
`as “WGI ’s public directory.” Since 2002, I have accessed WG 1’s public directory
`
`02198700022/8125175J
`
`stored to it without restriction.
`
`6.
`
`In preparing this declaration, I accessed
`
`<www.3gpp.org/ftp/tsg_ran/WG1_RL1/TSGR1_44/Docs/>, the location on
`
`PETITIONERS 1050-0003
`IPR2016-00758
`
`
`
`3GPP’s web site at which Rl-060700.zip is accessible to any member of the public
`
`without restriction. Attached as Exhibit 1 is a true and correct copy of a printout
`
`from that website. Exhibit 1 lists several ZIP files, including R1—060700.zip, as
`
`shown in the following excerpt.
`
`2/28/2666
`
`2/28/2666
`
`2/28/2666
`
`:
`
`:
`
`:
`
`62317 R1—666698 . 2229
`
`51672 R1-668699 . 23.9
`
`98336 R1—666768 . 232.9
`
`
`
`
`
`289761 R1-668761 . 219
`:
`2/28/2886
`:2/28/2866 11529 R1~866762.Zig
`
`02198-00022/8125 175.1
`
`(Ex. 1 at 7.) The text “RI—060700.2ip” provides a link to a ZIP filed titled R1-
`
`060700.zip. I downloaded and opened this ZIP file and found that it contains a
`
`single Microsoft Word file, a true and correct copy of which is attached as Exhibit
`
`2.
`
`7.
`
`In the excerpt from the 3GPP website printout shown above, there is also a
`
`date stamp (2/20/2006) to the left of the link to R1-O60700.zip. Based on my 14
`
`years of experience as a delegate for WGl, I understand this date stamp to mean
`
`that R1—060700.zip was uploaded to 3GPP’s publicly available website on
`
`February 20, 2006, and that any member of the public could have downloaded the
`
`ZIP file, extracted the Word document it enclosed, and viewed the contents of that
`
`Word document without restriction on February 20, 2006 and thereafter. I have no
`
`reason to believe this date stamp is inaccurate.
`
`PETITIONERS 1050-0004
`IPR2016-00758
`
`
`
`8.
`
`I attended WGI Meeting #45, which was held on May 8-12, 2006 in
`
`Shanghai, China. Attached as Exhibit 3 is a true and correct copy of an e-mail
`
`message dated May 2, 2006, shortly before Meeting #45.
`
`I obtained this e—mail
`
`message through WGl ’s reflector list which is also available at 3GPP’s public e—
`
`mail website <https://list.etsi.org/>, and with which I have become familiar as a
`
`WGl delegate. Like all other members of WGl, I received this e—mail message
`
`from Mr. Hiramatsu through WGl ’s reflector list along with two ZIP file
`
`attachments, including a ZIP file titled “R1-O6lll4.zip.” That ZIP file contained a
`
`single Microsoft Word document, a true and correct copy of which is attached as
`
`Exhibit 4. Neither the ZIP file nor the Word document enclosed in the ZIP file had
`
`a password or anything else that would have restricted my ability to access its
`
`02198-00022/8125 175.1
`
`3GPP’s website in which Rl-O6l l l4.zip is accessible to any member of the public
`
`contents.
`
`9.
`
`In preparing this declaration, I accessed
`
`<http://www.3gpp.org/ftp/tsg_ran/WG1_RL1/TSGR1_45/Docs/>, the location on
`
`without restriction. Attached as Exhibit 5 is a true and correct copy of a printout
`
`from that website. Exhibit 5 lists several ZIP files, including R1—O61114.zip, as
`
`shown in the following excerpt.
`
`PETITIONERS 1050-0005
`IPR2016-00758
`
`
`
`5/12/2996
`5/2/2996
`5/2/2996
`5/2/2996
`5/3/2996
`
`(Ex. 5 at 1.) The text “R1—061114.zip” is a link that, when selected, initiates a
`
`download of a ZIP file titled R1—061114.zip.
`
`I downloaded and opened this ZIP
`
`file and found that it contains a single Microsoft Word file, a true and correct copy
`
`of which is attached as Exhibit 6. I compared Exhibit 6 to Exhibit 4, the Word file
`
`in the attachment that I received from Mr. Hiramatsu on May 2, 2006, and found
`
`that those two exhibits are identical.
`
`431339 R1—961111,zip
`174691 R1-961112.zip
`71687 R1-961114.zig
`93932 R1-961115.zig
`231279 R1—961116.zig
`
`02198700022/8125175J
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`10.
`
`In the excerpt above, there is also a date stamp (5/2/2006) to the left of the
`
`link to R1—061114.zip. Based on my 14 years of experience as a delegate for WGI,
`
`I understand this date stamp to mean that R1-0611 14.zip was uploaded to 3GPP’s
`
`publicly available website on May 2, 2006, and that any member of the public
`
`could have downloaded the ZIP file, extracted the Word document it enclosed, and
`
`viewed the contents of that Word document without restriction on May 2, 2006 and
`
`thereafter. I have no reason to believe this date stamp is inaccurate.
`
`11.
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the statements made herein are believed to be true based upon either
`
`my personal knowledge or to the best of my knowledge, information, and belief.
`
`PETITIONERS 1050-0006
`IPR2016-00758
`
`
`
`Youngbum Kim
`
`Date: July 4, 2016 W
`
`02198»00022/8125175.l
`
`PETITIONERS 1050-0007
`IPR2016-00758
`
`
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