IPR 2016-01209
`U.S. Patent No. 7,746,916
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC., HTC CORPORATION, HTC AMERICA, INC.,
`MICROSOFT CORPORATION, MICROSOFT MOBILE OY, MICROSOFT
`MOBILE, INC., SAMSUNG ELECTRONICS CO., LTD., SAMSUNG
`ELECTRONICS AMERICA, INC., and ZTE (USA) INC.,
`
`Petitioner,
`v.
`
`EVOLVED WIRELESS, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-012091
`Patent 7,746,916 B2
`____________
`
`Before CHRISTOPHER L. CRUMBLEY, PATRICK M. BOUCHER, and
`TERRENCE W. McMILLIN, Administrative Patent Judges.
`
`DECLARATION OF RAJIN SINGH OLSON
`
`1 IPR2016-01280 has been consolidated with this proceeding.
`
`Evolved Wireless, LLC Exhibit 2008
`Apple/Microsoft v. Evolved Wireless
`IPR2016-01209
`
`
`U.S. Patent No. 7,746,916
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC., HTC CORPORATION, HTC AMERICA, INC.,
`MICROSOFT CORPORATION, MICROSOFT MOBILE OY, MICROSOFT
`MOBILE, INC., SAMSUNG ELECTRONICS CO., LTD., SAMSUNG
`ELECTRONICS AMERICA, INC., and ZTE (USA) INC.,
`
`Petitioner,
`v.
`
`EVOLVED WIRELESS, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-012091
`Patent 7,746,916 B2
`____________
`
`Before CHRISTOPHER L. CRUMBLEY, PATRICK M. BOUCHER, and
`TERRENCE W. McMILLIN, Administrative Patent Judges.
`
`DECLARATION OF RAJIN SINGH OLSON
`
`1 IPR2016-01280 has been consolidated with this proceeding.
`
`Evolved Wireless, LLC Exhibit 2008
`Apple/Microsoft v. Evolved Wireless
`IPR2016-01209
`
`
`
`DECLARATION OF RAJIN SINGH OLSON
`
`IPR 2016-01209
`U.S. Patent No. 7,746,916
`
`
`1. My name is Rajin Singh Olson. I am over the age of 21, and I have
`
`personal knowledge of the facts contained herein unless otherwise indicated. I am
`
`an employee of Robins Kaplan, LLP.
`
`2.
`
`3.
`
`I am an attorney licensed to practice in the state of Minnesota.
`
`The 3GPP TS 23.002 reference was available on 3GPP’s public
`
`website at least as of March 15, 2000.
`
`4.
`
`In March 2017, I accessed files maintained on the 3GPP website.
`
`Specifically, on the 3GPP website, I selected the “About 3GPP” drop-down menu
`
`and selected the “3GPP FAQs” Link. This led me to a FAQ page. See Ex. 2009.
`
`On this page, I scrolled down to the question, “[i]s it possible to determine the date
`
`and time of publication of a particular version of a 3GPP Spec?” Id. at 9. In
`
`response, the corresponding FAQ states that a “precise indication of the date of
`
`availability can be obtained from the Spec’s web page . . . where a precise date is
`
`shown in the ‘available’ column.” Id.
`
`5.
`
`In view of this information, I navigated to the “Specification” page on
`
`the 3GPP’s website. On that page, I selected the “Numbering page” link, which
`
`took me to the Specification Numbering page. On that page, I selected the “23
`
`series” link, taking me to the 3GPP Specification series page. On that page, I
`
`selected the “23.002” link, taking me to the 3GPP specification #: 23.002 page. A
`1
`
`Exhibit 2008-002
`
`
`
`true and correct printout of that page is identified as Exhibit 2010. This page lists
`
`IPR 2016-01209
`U.S. Patent No. 7,746,916
`
`
`an upload date of “2000-03-15” for version 3.3.0 of the 3GPP TS 23.002 standard.
`
`6.
`
`Based on the information on the FAQ page, the upload date provides a
`
`“precise indication of the date of availability” of the 3GPP TS 23.002
`
`specification. Ex. 2009, p. 9. Accordingly, the 3GPP TS 23.002 was publicly
`
`available via the 3GPP website as of March 15, 2000.
`
`7.
`
`On the 3GPP specification page 23.002, I selected the “3.3.0” link,
`
`prompting a download of a ZIP file titled “23002-330.zip,” which contained a
`
`single Microsoft Word file titled “23002-330.doc.” A true and correct copy of this
`
`document is provided as Exhibit 2007.
`
`8.
`
`I further used the Internet Archive’s Wayback Machine service to
`
`confirm access to the 3GPP TS 23.002 reference before the ’916 patent’s claimed
`
`priority date. Starting on the Wayback Machine homepage, I entered
`
`http://www.3gpp.org into the search field, taking me to a calendar page. In the
`
`calendar page, I selected May 10, 2010, because this is the first available archive
`
`after the March 15, 2000 date on which the 3GPP TS 23.002 reference was made
`
`available. This took me to an archived version of 3GPP’s homepage, which
`
`included a “3G Specifications” link that led to an archived version of the 3GPP
`
`Specifications Home Page. On this page, I selected the
`
`“http://www.3gpp.org/ftp/Specs/” link, which took me to an archived version of
`2
`
`Exhibit 2008-003
`
`
`
`the 3GPP Specifications – Numbering Scheme page. On this page, I selected the
`
`IPR 2016-01209
`U.S. Patent No. 7,746,916
`
`
`“March_00” link, which took me to an archived version of the 3GPP
`
`Specifications. On this page, I selected the “23_series” link, which led me to a
`
`page archived on October 7, 2000 – the closest date to March 15, 2000, for which
`
`that page had been archived. There, I found a link titled “23002-330.zip,” with a
`
`date of “04/05/00” listed next to it. A true and correct copy of that page is attached
`
`as Exhibit 2011. Although the zip file itself was unavailable because that specific
`
`link had not been archived, the April 5, 2000 date listed and the identical file name
`
`listed are consistent with the 23.002 reference being available prior to the ’916
`
`patent’s claimed priority date.
`
`3
`
`Exhibit 2008-004
`
`
`
`IPR 2016-01209
`U.S. Patent No. 7,746,916
`
`I declare that all statements made herein of my own knowledge are true and
`
`that all statements made on information and belief are believed to be true; and
`
`further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under 18 U.S.C. § 1001, and that such willful false statements may jeopardize the
`
`results of these proceedings.
`
`Executed this 29th day of March, 2017.
`
`Respectfully submitted,
`
`Rajin Singh Olson
`
`4
`
`Exhibit 2008-005
`
`
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