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` INDEX TO EXAMINATION
`WITNESS: RADE PETROVIC
`
`EXAMINATION PAGE
`BY MR. GRAY 6
`BY MR. SCHMIDT 97
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` INDEX TO EXHIBITS
`EXHIBITS DESCRIPTION MARKED
`Exhibit 213 Notice of Videotaped Deposition 10
` of Rade Petrovic
`
`Exhibit 214 US Patent Number 5,590,403, 24
` MTEL-LEAP00000671 through 719
`Exhibit 215 US Patent Number 5,915,210, 40
` MTEL-LEAP00000735 through 784
`
`Exhibit 216 Petition, MTEL-LEAP00000401 40
`
`Exhibit 217 Deposition transcript of Rade 40
` Petrovic, Ph.D., taken on May 1,
` 2014, MTEL-LEAP00007189 through
` 7356
` (Confidential)
`
`Exhibit 218 Paper titled, "Permutation 40
` Modulation for Advanced Radio
` Paging," CRICKET_0003790 through
` 3793
`Exhibit 219 Paper titled, "Multicarrier 40
` Permutation Modulation for
` Narrowband PCS," CRICKET_0003780
` through 3789
`
`Exhibit 220 Paper titled, "Multicarrier 40
` Modulation for Narrowband PCS,"
` CRICKET_0003767 through 3773
`
`Exhibit 221 US Patent Number 5,659,891, 40
` MTEL-LEAP00000720 through 734
`Exhibit 222 Document entitled, "Plaintiff 40
` MTel's Initial Disclosures"
`
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`1 (Pages 1 to 4)
`
` UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TEXAS
` MARSHALL DIVISION
`
`Page 1
`
`MOBILE TELECOMMUNICATIONS
`TECHNOLOGIES, LLC,
`
` Plaintiff and
` Counter-Defendant,
` vs. CASE NO. 2:13-cv-
` 00885-JRG-RSP
`LEAP WIRELESS INTERNATIONAL,
`INC. AND CRICKET
`COMMUNICATIONS, INC.,
` Defendants and
` Counter-Plaintiffs.
`
`~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
`
` CONFIDENTIAL
`
` VIDEOTAPED DEPOSITION OF
`
` RADE PETROVIC
`
` APRIL 3, 2015
` 8:08 a.m.
`
` 3579 Valley Centre Drive
` Suite 300
` San Diego, California
`
` Renee Kelch, RPR, CLR, CSR No. 5063
`
` APPEARANCES OF COUNSEL
` For Plaintiff and Counter-Defendant
` Mobile Telecommunications Technologies, LLC:
`
` REED & SCARDINO LLP
` HENNING SCHMIDT, ESQ.
` Suite 1250
` 301 Congress Avenue
` Austin, Texas 78701
` 512.474.2449
` 512.474.2622 Fax
` hschmidt@reedscardino.com
`
` For Defendants and Counter-Plaintiffs
` Leap Wireless International, Inc. and
` Cricket Communications:
`
` FOLEY & LARDNER LLP
` JUSTIN E. GRAY, ESQ.
` Suite 300
` 3579 Valley Centre Drive
` San Diego, California 92130
` 858.847.6700
` 858.847.6764 Fax
` jegray@foley.com
`
` Also Present:
` Scott Tanaka, Videographer
`
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`MTel., Exhibit 2009, Aruba v. MTel., Page 1, IPR2016-00768
`
`

`
`Page 5
`
` DEPOSITION OF RADE PETROVIC
` APRIL 3, 2015
`
` THE VIDEOGRAPHER: Good morning. This is Media
`Number 1 in the videorecorded deposition of Rade
`Petrovic in the matter of Mobile Telecommunications
`Technologies, LLC versus Leap Wireless International,
`Incorporated and Cricket Communications, being heard
`before the United States District Court, Eastern
`District of Texas, Case Number is 2:13-cv-00885-JRG-RSP.
` This deposition is being held at 3579 Valley
`Centre Drive, Suite 300, San Diego, California, 92130,
`on April 3rd, 2015, at 8:08 a.m.
` My name is Scott Tanaka, and I'm the
`videographer. The court reporter today is Renee Kelch.
` Would counsel please identify yourselves,
`stating whom you represent?
` MR. GRAY: Justin Gray from Foley and Lardner,
`representing the Defendants Leap Wireless and Cricket
`Communications.
` MR. SCHMIDT: Henning Schmidt with Reed &
`Scardino, on behalf of MTel and the witness,
`Dr. Petrovic.
` THE VIDEOGRAPHER: Court reporter, please swear
`in the witness.
`
`Page 6
`
` RADE PETROVIC,
` having been first duly sworn, testifies as follows:
`
` EXAMINATION
`BY MR. GRAY:
` Q. Good morning.
` A. Good morning.
` Q. Could you please state your full name for the
`record?
` A. Full name, Rade Petrovic, R-a-d-e
`P-e-t-r-o-v-i-c.
` Q. Dr. Petrovic, have you ever been deposed
`before?
` A. Yes.
` Q. When was the last time you were deposed?
` A. I think it was in November, last year.
` Q. What were the circumstances of that deposition?
` A. I think it was case of -- similar case of
`patents regarding MTel, MTel patents, and it was against
`Amazon.
` Q. What was the last time you were deposed prior
`to November of last year?
` A. It was also last year, in the spring. I don't
`know the date. And it was again MTel, against Apple and
`Samsung.
`
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`Page 7
` Q. Have you ever been deposed prior to your
`deposition with the Apple and Samsung case?
` A. Yes.
` Q. What were the circumstances of that?
` A. It was Blue Spike against Verance. Verance is
`company that I work for. And it was about claim of
`infringement of Blue Spike patents. I was deposed
`regarding Verance technology.
` Q. About how long ago was that?
` A. I think it was early 2000s. I don't know
`exactly which year.
` Q. Besides the depositions that you had just
`mentioned, have you had any other depositions that
`you've taken?
` A. No.
` Q. Well, even though you've gone through this
`before and you probably do know the ground rules, I'll
`just go over the ground rules with --
` A. Okay.
` Q. -- you briefly.
` You understand that you're under oath today?
` A. Yes.
` Q. You understand that you should give testimony
`as you if giving it live to a court in an actual
`proceeding?
`
`Page 8
`
` A. Yes.
` Q. Is there any reason you cannot give full and
`accurate testimony today?
` A. No.
` Q. You're not on any medications or have any
`medical conditions that would impair your ability to
`give full and accurate testimony today?
` A. No.
` Q. Today I'll be asking you a series of question.
`It's important that we do not speak over each other
`because the court reporter is taking down everything
`that we say.
` A. Uh-huh.
` Q. During the deposition today your attorney,
`Mr. Schmidt, may object to some of my questions. Unless
`he instructs you not to answer a question, I would ask
`you to go ahead and answer the question. Okay?
` A. Okay.
` Q. If you do not understand a question that I ask
`today, please let me know. Okay?
` A. Okay.
` Q. If you need a break at any time today, please
`let me know. We'll try to take breaks roughly once an
`hour or so. But if you need a break at any time, let me
`know. I would just ask that if there's a question
`
`2 (Pages 5 to 8)
`
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`MTel., Exhibit 2009, Aruba v. MTel., Page 2, IPR2016-00768
`
`

`
`Page 9
`pending, you answer the question before we take a break.
`Okay?
` A. Okay.
` Q. And I think the last ground rule is that --
`this also helps the court reporter. The court reporter
`can only take down words. So she can't take down
`nodding your head up and down, or shaking your head back
`and forth, or nonverbal things like "uh-huh" or
`"unh-unh." So I would ask that you use words to answer
`my questions today. Okay?
` A. Okay.
` Q. Did you prepare at all for your deposition here
`today?
` A. No.
` Q. Did you meet with any attorneys prior to this
`deposition today?
` A. Yes. I met with Mr. Schmidt.
` Q. When did you meet with Mr. Schmidt?
` A. Yesterday afternoon.
` Q. Approximately how long was that meeting with
`Mr. Schmidt?
` A. One and a half hour.
` Q. Besides you and Mr. Schmidt, was anybody else
`at that meeting yesterday?
` A. No.
`
`Page 10
` Q. Did you review any documents at that meeting?
` A. Yes.
` Q. What documents did you review?
` MR. SCHMIDT: Objection. I instruct the
`witness not to answer as privileged.
`BY MR. GRAY:
` Q. Did you speak with anyone else besides
`Mr. Schmidt about your deposition here today?
` A. No.
` MR. GRAY: I'll have the court reporter mark as
`Exhibit 213.
` (Exhibit 213 marked)
` MR. SCHMIDT: Does this take off where
`Mr. Ackerman's deposition exhibit left off?
` MR. GRAY: This takes off where Mr. Fitton's
`exhibits took off.
` MR. SCHMIDT: Okay. So you guys are sort of
`going in line by left off Ackerman, or --
` MR. GRAY: I believe Mr. Fitton's exhibits
`started at 201 through 212, and so that's why we're
`continuing with 213.
` MR. SCHMIDT: Well, Mr. Ackerman's
`deposition --
` MR. GRAY: I'm sorry, Mr. Fitton's deposition.
` MR. SCHMIDT: -- was in the interim.
`
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`Page 11
` MR. GRAY: Yes. And I believe there may have
`been a miscommunication regarding his deposition. If I
`remember correctly, his deposition exhibits may have
`started at Exhibit 1.
` MR. SCHMIDT: Okay.
` MR. GRAY: So I want to try to keep us on
`track.
` MR. SCHMIDT: Okay.
` MR. GRAY: Since Mr. Fitton's and
`Mr. Ackerman's depositions were happening at the same
`time.
` MR. SCHMIDT: In the attempt to make it
`easiest, it's quickly getting complexer.
` Okay. That makes sense. Thanks.
`BY MR. GRAY:
` Q. So, Dr. Petrovic, you've been handed
`Exhibit 213. Have you seen this exhibit before?
` A. No.
` Q. If you look at the first page of Exhibit 213,
`it reads, Mobile Telecommunications Technologies, LLC
`versus Leap Wireless international, Inc. and Cricket
`Communications, Inc. Do you see that at the top?
` A. At the top Leap Wireless International and
`Cricket, yeah.
` Q. When did you first learn about this litigation
`
`Page 12
`between Mobile Telecommunications Technologies, LLC and
`Leap and Cricket?
` A. A couple of weeks ago.
` Q. What were the circumstances of that?
` A. I was informed by the law firm that deposition
`is pending, and they asked me if they -- if I would like
`to have them represent me, and I agreed.
` Q. Do you have a written agreement with the Reed &
`Scardino law firm to represent you for this deposition?
` A. I think I do, but I'm not quite sure.
` Q. Have you been retained by the Reed & Scardino
`law firm in connection with this particular litigation
`involving Leap and Cricket?
` A. No.
` Q. Have you been retained by the Reed & Scardino
`law firm in connection with any other litigations?
` A. No.
` Q. Have you been retained -- well, actually,
`stepping back.
` I'm going to be referring to MTel today as
`Mobile Telecommunications Technologies. Do you
`understand that?
` A. Yes.
` Q. Have you been retained by MTel, LLC in
`connection with this litigation against Leap and
`
`3 (Pages 9 to 12)
`
`MTel., Exhibit 2009, Aruba v. MTel., Page 3, IPR2016-00768
`
`

`
`Page 13
`
`Cricket?
` A. Can you help me define "retained," what
`"retain" means?
` Q. Sure. Do you have any agreement with MTel,
`LLC, for you to perform any work relating to this
`litigation between MTel, LLC and Leap and Cricket?
` A. No.
` Q. How about any other litigation involving MTel,
`LLC?
` A. No.
` Q. So just to be clear, you have not been retained
`in this litigation to provide any opinions with respect
`to patent infringement; is that right?
` A. That's right.
` Q. You have not been retained in this litigation
`to provide any opinions with respect to validity of
`patents; is that right?
` A. That's right.
` Q. And you have not been retained in this
`litigation to provide any opinions with respect to
`damages; is that correct?
` A. Correct.
` Q. Have you ever served as an expert in any
`litigation?
` A. No.
`
`Page 14
` Q. Do you know a gentleman by the name of Andrew
`Fitton?
` A. No.
` Q. Never spoken with Mr. Fitton before?
` A. Don't recall the name.
` Q. Do you know a gentleman by the name of Michael
`Carper?
` A. No, I don't recall the name.
` Q. So you've never spoken with Mr. Carper before,
`to your knowledge?
` A. I cannot recall.
` Q. Could you please describe your educational
`background?
` A. My background is electrical engineering. And I
`got Ph.D. from University of Nis in Serbia. And yes,
`that's my background.
` Q. When did you receive your Ph.D.?
` A. I believe it's 1979.
` Q. Did you have any particular focus while you
`were receiving your Ph.D. in any area specifically in
`electrical engineering?
` A. Yes. I received Ph.D. by studying optical
`fiber communications.
` Q. What was your first job after you received your
`Ph.D. in 1979?
`
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`Page 15
` A. I was first assistant and then professor at
`University of Nis.
` Q. How long were you a professor there?
` A. Until 1989.
` Q. What was the focus of your work while you were
`a professor there?
` A. It was department of telecommunication --
`telecommunications, and I was chair of the department by
`the end of the tenure.
` Q. During that time were you performing any
`specific research in the field of telecommunications?
` A. A few different projects. So one is -- was
`related to optical fibers. Another was related to data
`communication particles. Yeah, that's the two main
`focuses, yeah.
` Q. What was your next job after that?
` A. After that I moved to University of Mississippi
`in Oxford, Mississippi. And there I was accepted again
`as an expert in optical fiber communications. But when
`I arrived there, I realized that there is not a lot of
`opportunities for research in this field at the
`University of Mississippi. And there are opportunities
`of research in the field of wireless communication. So
`I decided to switch.
` And that's where we started a project with the
`
`Page 16
`MTel company in two-way paging. And that's where we
`created patents, and you know, we had success in getting
`pioneer preference from FCC for our project on two-way
`paging. And yeah, I did a couple other projects while
`being at University of Mississippi, but this was the
`main project.
` Q. How long were you at the University of
`Mississippi working as a professor?
` A. So since 1989 until early 1997.
` Q. Besides the project that you just mentioned
`with MTel, what other major projects did you work on
`while you were at the University of Mississippi?
` A. I recall one significant project, which is with
`Checkpoint, and it was about RF tags.
` Q. What is Checkpoint?
` A. Checkpoint is a company that sponsored this
`project. And they did, you know, those tags that you
`put on products that could be read using wireless
`communication.
` Q. What was your role in that project?
` A. I participated in research and design of those
`RF tags and particles for, you know, wireless
`communication that enabled those tags to be read from a
`bunch of products that are placed in a cart. So you
`don't need to take products from the cart in order to
`
`4 (Pages 13 to 16)
`
`MTel., Exhibit 2009, Aruba v. MTel., Page 4, IPR2016-00768
`
`

`
`Page 17
`read the tags and list the products that are in your
`cart.
` Q. So a few minutes ago you mentioned a project
`with MTel involving a two-way paging system; is that
`right?
` A. Yes.
` Q. Can you please describe the work that you
`performed on that project.
` A. On that project, the objective was -- you know,
`MTel at that time had paging networks nationwide, but
`they ran out of capacity. So that traffic in the
`network was too high. So they had run into delays and
`stuff. So they asked us to improve throughputs in
`paging networks.
` And the objective of this project was to design
`a new network that would have higher throughput and
`better spectrum utilization, that is with a given
`channel bandwidth to send more bits than existing
`networks.
` And to utilize nationwide network better.
`Original network would send the same messages nationwide
`even though a device is located in some particular
`location.
` So we designed this two-way paging so that you
`can send messages locally, not nationwide.
`
`Page 18
` Q. Prior to your working with MTel, is it your
`understanding that MTel had a one-way paging network?
` A. Yes.
` Q. And the focus of your work was on developing a
`two-way paging network?
` A. Yes.
` Q. When did your work with MTel start?
` A. I'm not 100 percent sure, but it was early in
`my work in the University of Mississippi. Probably 1990
`or 1991. I'm not 100 percent sure.
` Q. Do you recall approximately how long that
`project lasted with MTel?
` A. Yeah, I think it lasted until 1995 or 1996.
`I'm not 100 percent sure either.
` Q. How did you first learn of MTel?
` A. I learned of MTel in a meeting that was held at
`University of Mississippi. Apparently they had some
`ongoing cooperation, MTel and the university. And in
`this meeting I met representatives of MTel, and we
`discussed mutual interests. And I realized that they
`are helping University of Mississippi, sponsoring
`projects, and that I had an opportunity to ask them for
`additional projects.
` Q. Who did you meet with at this meeting that was
`a representative from MTel?
`
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` A. I'm not quite sure, but I think it was Bill
`Hays. But maybe some other people.
` Q. Were you ever employed by MTel?
` A. I was never employed directly, but they
`sponsored research. And, for example, I was, you know,
`ten -- nine-month employee of the university. And
`during summer months I was receiving basically salary
`based on this project from University of -- from MTel.
` Q. So you were paid by MTel for some of the work
`that you performed on this project?
` A. But it was through the university. So they
`paid for the project, and then from the project I drew
`my salary, yes.
` Q. Did that project have a lab associated with it?
` A. Yes.
` Q. Can you describe that lab for me?
` A. We called it Wireless Communication Lab. And
`it was located in NCPA building, National Center for
`Physical Acoustics. I'm not 100 sure what was their
`acronym for.
` And MTel provided the equipment. They
`purchased, you know, instruments for the lab, computers,
`and all other stuff. And we had, you know, graduate
`program and graduate students working in the lab for the
`project. And they got scholarships based on the
`
`Page 20
`
`project.
` Q. Was the lab open to the public while you were
`working on it with MTel?
` A. No.
` Q. Who was the lab open to?
` A. Students and staff.
` Q. All students and staff, or students and staff
`working on the project?
` A. I think students and staff working on the
`project, yes.
` Q. For this project you were working on with MTel,
`who did you work with at MTel?
` A. At MTel? There was another consultant that
`worked for MTel, not employee of MTel, Walt Roehr. And
`there were a number of MTel people: Dennis Cameron,
`Bill Hays, Kunio Tano, and so on.
` Q. You mentioned Walt Roehr?
` A. Yes.
` Q. Do you recall what Mr. Roehr's responsibilities
`were for this project?
` A. I don't know exactly responsibilities. He was
`a consultant of MTel. He had his own company. And he
`was major participant in the project in design, and
`testing experiments, so on. So he had a major role in
`this project.
`
`5 (Pages 17 to 20)
`
`MTel., Exhibit 2009, Aruba v. MTel., Page 5, IPR2016-00768
`
`

`
`Page 21
` Q. How about Mr. Cameron? What was Mr. Cameron's
`role in the project?
` A. Mr. Cameron was -- he had a technical
`background, and he was manager of the project. So he
`had management responsibilities.
` Q. Do you recall what those management
`responsibilities were?
` A. I'm not sure exactly what his responsibilities,
`but he was organizing meeting, and assigned tasks, and
`so on. That kind of management.
` Q. How about Mr. Hays? Do you recall what Mr.
`Hays' work was on the project?
` A. Mr. Hays had also technical background. And he
`was participating in the project, in the discussion. He
`was actually part of -- taking part in the experiments.
`And, you know, technical work, yes.
` Q. You mentioned one other name. What was that
`name?
` A. I think his name was Kunio Tano. He was an
`engineer, very good engineer, from MTel. And he did
`participate in a lot of experiments and technical work,
`yes.
` Q. Do you recall keeping any laboratory notebooks
`or journals relating to the work that you did on this
`project with MTel?
`
`Page 22
`
` A. No, I don't recall.
` Q. Do you have any files in your possession
`related to the work that you performed with MTel back in
`the early '90s?
` A. No, I don't. I checked specifically, and I
`couldn't find any.
` Q. What was your next job after your role as
`professor at the University of Mississippi?
` A. I joined a start-up company that was doing
`digital watermarking, and I'm still with this company.
` Q. What is the name of that company?
` A. Actually, the name changed. Originally it was
`ARIS, A-R-I-S, and now it's Verance.
` Q. What is your role at that company?
` A. I'm VP for systems engineering.
` Q. What do you do in that role?
` A. Basically I'm working on technology
`development, core technology development.
` Q. Technology development related to digital
`watermarking?
` A. Exactly.
` Q. And you're still working with that company
`today?
` A. Correct.
` Q. Any other companies that you worked with after
`
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`Page 23
`
`you left the University of Mississippi?
` A. No.
` Q. Had you heard of Cricket Communications prior
`to this litigation?
` A. No.
` Q. Had you heard of Leap Wireless prior to this
`litigation?
` A. Yes.
` Q. How did you hear of Leap Wireless?
` A. I don't remember how I heard it, but yes, I've
`heard about it, yes.
` Q. What do you know about Leap Wireless?
` A. I know that they're in wireless business, but I
`don't recall any details.
` Q. Do you have any understanding of what Cricket
`Communications products are alleged to infringe in this
`litigation?
` A. No.
` Q. Have you done any testing or analysis of any
`Cricket products for this litigation?
` A. No.
` Q. Have you done any testing or analysis of any
`Cricket products at any point in time?
` A. No.
` Q. Have you ever performed any testing or analysis
`
`Page 24
`of any product as potentially infringing a patent?
` A. No.
` (Exhibit 214 marked)
`BY MR. GRAY:
` Q. We've marked as the next exhibit, Exhibit 214,
`which I'm handing to you now.
` For the record, Exhibit 214 is a document
`bearing Bates numbers MTEL-LEAP 00000671 through 719.
`And that's US Patent Number 5,590,403.
` Have you seen Exhibit 214 before?
` A. I think so. I'm not sure that I saw this
`particular format, but yes.
` Q. Do you understand that Exhibit 214 is US Patent
`Number 5,590,403?
` A. Yes.
` Q. If I refer to that as the '403 patent, will you
`know what I'm talking about?
` A. Sure.
` Q. Do you recall when you first saw the '403
`patent?
` A. No.
` Q. Do you recall the last time that you saw the
`'403 patent?
` A. Yes.
` Q. When was that?
`
`6 (Pages 21 to 24)
`
`MTel., Exhibit 2009, Aruba v. MTel., Page 6, IPR2016-00768
`
`

`
`Page 25
`
` A. Yesterday.
` Q. You are a named inventor on the '403 patent; is
`that right?
` A. Yes.
` Q. I'd like to turn your attention to page 1 of
`the '403 patent. And about a third of the way down the
`page, there's a company called Destineer Corporation.
`Do you see that?
` A. Yes.
` Q. Do you know what Destineer Corporation is?
` A. Roughly, Destineer Corporation was founded by
`MTel, that's my understanding, for particular purpose to
`develop two-way paging.
` Q. Did you do any work for Destineer Corporation?
` A. I'm not sure how to discriminate between
`Destineer and MTel. Because I started with MTel. And
`then during this project, Destineer company was founded.
`Probably after we got this pioneer preference for FCC
`related to our project. So I'm not sure how to
`discriminate between MTel and Destineer.
` Q. Turning your attention again to page 1 of
`Exhibit 214. Do you see the filing date there of
`November 12th, 1992, about a third of the way down the
`page?
` A. Yes.
`
`Page 26
` Q. Who was your employer in November of 1992?
` A. University of Mississippi.
` Q. Did you personally have any agreements with
`MTel in this 1992 time frame regarding you assigning
`your rights to inventions as part of the work that you
`were doing with MTel?
` A. Yes.
` Q. What do you recall about that?
` A. I recall that when the project has started,
`that they gave me papers to sign regarding this project,
`and I recall that part of this agreement was that the
`rights for all inventions go to MTel.
` Q. Are you familiar with the subject matter of the
`'403 patent?
` A. Sure.
` MR. SCHMIDT: Objection. Form.
`BY MR. GRAY:
` Q. Can you describe for me what the purported
`invention is that's disclosed in the '403 patent?
` MR. SCHMIDT: Objection. Form.
` THE WITNESS: As I said, I didn't prepare for
`this, so I didn't review the patents. So looking about
`the pictures -- through the pictures, and so on, it is
`subject matter that we had in our project for two-way
`paging. So I can talk to you about two-way paging
`
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`Page 27
`system, but I'm not 100 percent sure that all of this is
`represented in this disclosure, in this patent.
`BY MR. GRAY:
` Q. Do you recall while you were working with MTel
`coming up with any inventions as part of your work?
` MR. SCHMIDT: Objection. Form.
` THE WITNESS: Yes, I do.
`BY MR. GRAY:
` Q. What do you recall about that?
` A. I recall that one of the objectives of this
`project was to protect intellectual property by filing
`patents. So I recall that we had patents written that
`I, you know, worked on writing the disclosures, and that
`we exchanged these documents, and that we cooperated in
`improving and fine tuning the documents of the
`disclosure, yes.
` Q. So do you recall drafting some of the
`disclosure of the '403 patent?
` A. Yes.
` Q. What do you recall drafting for that patent?
` A. I don't recall details, what exactly in this
`patent I drafted. But I recall that I did write a
`number of pages in the disclosure.
` Q. Do you recall the subject matter of those pages
`generally?
`
`Page 28
` A. I recall, yes, that it was -- subject matter,
`it was what we worked on this project. So it was --
`subject matter is how to increase throughputs and
`improve efficiency of spectrum utilization and how to
`communicate efficiently and robustly to devices in the
`field, yes.
` Q. Do you recall what your role was in
`contributing to any invention that's disclosed in the
`'403 patent?
` MR. SCHMIDT: Objection. Form.
` THE WITNESS: I first need to -- I mean, are
`you referring to claims? Do I need to look at the
`claims themselves, or disclosure itself?
`BY MR. GRAY:
` Q. Sure. Well, why don't we look at the claims.
`So if you could turn to Claim 1 of the '403 patent?
` A. Yes.
` Q. And if you could just read Claim 1 just to
`yourself and let me know when you're done.
` A. I've read, yes.
` Q. Having read Claim 1, do you recall any specific
`contribution that you made to the invention that's
`described in the '403 patent?
` MR. SCHMIDT: Objection. Form.
` THE WITNESS: I recall that we discussed it,
`
`7 (Pages 25 to 28)
`
`MTel., Exhibit 2009, Aruba v. MTel., Page 7, IPR2016-00768
`
`

`
`Page 29
`but I don't recall my contribution specifically for
`this. I don't remember how this invention was formed
`yet.
`BY MR. GRAY:
` Q. If you could also read Claim 10 of the '403
`patent to yourself and let me know when you're done.
` A. Yes, I have read it.
` Q. Having read Claim 10, do you recall
`contributing in any way to the invention that's
`described in Claim 10 of the '403 payment?
` MR. SCHMIDT: Objection. Form.
` THE WITNESS: I do remember that we have done
`this, but I don't recall how this was created, and how
`this invention was, you know, formed.
`BY MR. GRAY:
` Q. Claim 10 of the '403 patent, among other things
`describes "dynamically reassigning transmitters." Do
`you understand that?
` A. Yes.
` Q. What is the purpose of dynamically reassigning
`transmitters?
` MR. SCHMIDT: Objection. Form.
` THE WITNESS: My understanding is that the
`purpose of this dynamically adjusting zones is to
`improve reception of mobile devices. So that if a
`
`Page 30
`mobile device happens to be located in the boundary
`between two zones, with the different assignments of the
`transmitters to the zones, this boundary would move.
`And then the mobile device that is -- was on the
`boundary would in next transmission interval be inside
`the boundary. So that overlapping transmitter coverage
`is -- can have simulcast, simultaneous transmission, and
`not interfere. If they have different information
`broadcast, they would interfere. But when you
`dynamically assign those zones, then you can achieve
`better reception on mobile devices.
` Q. So as a result of the dynamic reassignment of
`transmitters, the zone boundaries change; is that right?
` A. That's right.
` MR. SCHMIDT: Objection. Form.
`BY MR. GRAY:
` Q. Do you know what zone dithering is?
` A. My recollection is that zone dithering is
`actually this dynamic reassignment of the zones.
` Q. Do you recall who at MTel, or yourself, was
`working specifically on this dynamic reassignment of
`transmitters or zonal dithering that we've been talking
`about?
` MR. SCHMIDT: Objection. Form.
` THE WITNESS: No, I don't recall.
`
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`Page 31
`
`BY MR. GRAY:
` Q. Do you recall if you were doing any specific
`work on that?
` A. I recall that I was familiar with details of
`this arrangement, but I don't recall what was my
`contribution to this, no.
` Q. Do you understand the concept of prosecuting a
`patent?
` A. I think I do.
` Q. What do you understand that to mean?
` A. Patent prosecution means the process of
`evaluating patent. That's my understanding. But I'm
`not sure.
` Q. Well, besides -- actually, stepping back. I'll
`re-ask this question.
` You mentioned earlier that you recalled
`drafting some of the passages that are in the '403
`patent disclosure; right?
` A. Yes.
` Q. Besides doing that, do you recall any other
`work that you did with MTel to help MTel procure the
`'403 patent?
` MR. SCHMIDT: Objection. Form.
` THE WITNESS: No.
`///
`
`Page 32
`
`BY MR. GRAY:
` Q. Would you mind taking a look at the '