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