IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of:
`U.S. Patent No.:
`Issue Date:
`Appl. Serial No.:
`Filing Date:
`Title:
`
`Sung Jun Park, et al.
`7,881,236
`Attorney Docket No.: 00035—0009IP1
`February 1, 2011
`12/538,514
`August 10, 2009
`Data Transmission Method and User Equipment for the
`Same
`
`DECLARATION OF ANNE KOCH BALAND
`
`1.
`
`My name is Anne Koch Baland. 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 Fish & Richardson, P.C.
`
`2.
`
`I earned a Master of Library Science (MLIS) from Dominican
`
`University in 2007. Ihave over 15 years of experience in the library/information
`
`science field.
`
`3.
`
`The 3GPP TS 36.321 reference was available on 3GPP’s public
`
`website at least as of March 20, 2008, without any restrictions.
`
`4.
`
`In June 2016, in an effort to determine the extent to which the 3GPP
`
`TS 36.321 reference was available to members of the public, I accessed files
`
`maintained on the 3GPP website. Specifically, on the 3GPP website, I selected the
`
`“About 3GPP” drop—down menu and selected the “3 GPP FAQS” Link. This led me
`
`to a FAQ page. See Ex. 1018. On this page, I scrolled down to the question, “Is it
`
`- 1 -
`
`APPLE 1021
`
`APPLE 1021
`
`
`
`In re Patent of:
`U.S. Patent No.:
`Issue Date:
`Appl. Serial No.:
`Filing Date:
`Title:
`
`Sung Jun Park, et al.
`7,881,236
`Attorney Docket No.: 00035—0009IP1
`February 1, 2011
`12/538,514
`August 10, 2009
`Data Transmission Method and User Equipment for the
`Same
`
`DECLARATION OF ANNE KOCH BALAND
`
`1.
`
`My name is Anne Koch Baland. 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 Fish & Richardson, P.C.
`
`2.
`
`I earned a Master of Library Science (MLIS) from Dominican
`
`University in 2007. Ihave over 15 years of experience in the library/information
`
`science field.
`
`3.
`
`The 3GPP TS 36.321 reference was available on 3GPP’s public
`
`website at least as of March 20, 2008, without any restrictions.
`
`4.
`
`In June 2016, in an effort to determine the extent to which the 3GPP
`
`TS 36.321 reference was available to members of the public, I accessed files
`
`maintained on the 3GPP website. Specifically, on the 3GPP website, I selected the
`
`“About 3GPP” drop—down menu and selected the “3 GPP FAQS” Link. This led me
`
`to a FAQ page. See Ex. 1018. On this page, I scrolled down to the question, “Is it
`
`- 1 -
`
`APPLE 1021
`
`APPLE 1021
`
`
`
`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. 3GPP’s statement
`
`that the ‘available’ column on a specification’s web page is a precise indication of
`
`the date of availability of a particular specification time stamp is consistent with
`
`my experience with 3GPP and the standard drafting process in the 2008 time
`
`frame.
`
`5.
`
`In View of this information, I navigated 3GPP’s website, accessed the
`
`3GPP TS 36.321 reference, and downloaded it without any restrictions.
`
`Specifically, I navigated to the “Specification” page on the 3GPP website. Starting
`
`on 3GPP’s homepage, I selected the dropdown menu “Specifications,” and
`
`selected the “Specifications Home” link, taking me to the Specifications Home
`
`page. On that page, I selected the “Numbering page” link, which took me to the
`
`Specification Numbering page. On that page, I selected the “36 series” link, taking
`
`me to the 3GPP Specification series page. On that page, I selected the “36.32l”
`
`link, taking me to the 3GPP specification: 36.321 page. A true and correct printout
`
`of that page is identified as Exhibit l019. This page lists a date of“2008—03 '20”
`
`for version 8.1.0 of the 3GPP TS 36321 standard:
`
`
`
`event
`
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`
`RP-54
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`PEP-44
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`
`RP-=12
`
`RP-41
`
`RP--4D
`
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`RR38
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`
`Detail of EX. 1019, pp. 2-3 (annotated).
`
`6.
`
`Based on the information on the FAQ page, the “available” column
`
`provides a “precise indication of the date of availability” of the 3GPP TS 36.321
`
`specification. Ex. 1018, p. 9. Accordingly, the 3GPP TS 36.321 was publicly
`
`available via the 3GPP website as of March 20, 2008.
`
`7.
`
`On the 3GPP specification: page 36.321. 1 selected the “8.l.0” link9
`
`prompting a download of a ZIP file titled “36321—810.zip,” which contained a
`
`
`
`single Microsoft Word file titled “3632l—8l0.doc.” A true and correct copy of this
`
`document is provided as Exhibit 1007.
`
`8.
`
`I further used the Internet Archive’s Wayback Machine service to
`
`confirm that members of the public would have been able to access the 321
`
`reference before the 236 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 5, 2008, because this
`
`is the first available archive after the March 20, 2008, date on which the 3GPP TS
`
`36.321 reference was made available. This took me to an archived version of
`
`3GPP’s homepage, which included a “Specifications” link that led to an archived
`
`version of the 3GPP Specifications Home Page. On this page, I selected the
`
`“Numbering Scheme” link, which took me to an archived version of the 3GPP
`
`Specifications — Numbering Scheme page. On this page, I selected the “36 series”
`
`link, which took me to an archived version of the 3GPP Specification Series page.
`
`On this page, I selected the “36.32l” link, which took me to the 3GPP
`
`specification: 36.321 page. This page states that version 8.1.0 of3GPP TS 36.321
`
`was “available” on “2008—03—20,” which, as discussed above, is the same date that
`
`is provided on 3GPP’s website. See Ex. 1020, p. 3.
`
`I selected the “8.l.0” link,
`
`prompting me to download a ZIP file titled “3632l—8l0.zip.” The ZIP file that I
`
`downloaded contained a single Microsoft Word file titled “3632l—8l0.doc.” I
`
`-4-
`
`
`
`compared that Microsoft Word document to Exhibit 1007, and I found that the two
`
`documents are identical.
`
`9.
`
`Therefore, in my opinion, based on the materials I discuss above and
`
`my experience with 3GPP and the standard drafting process, the 3GPP TS 36.321
`
`reference has been available to members of the public on 3GPP’s website since at
`
`least March 20, 2008, without any restrictions.
`
`
`
`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 USC. § 1001, and that such willful false statements may jeopardize the
`
`results of these proceedings.
`
`Executed this 20th day of June, 2016.
`
`Respectfully submitted
`
`M/if gém $a/m/
`
`Anne Koch Baland
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