`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`SIRIUS XM RADIO INC.,
`Petitioner,
`
`v.
`FRAUNHOFER-GESELLSCHAFT ZUR
`FÖRDERUNG DER ANGEWANDTEN
`FORSCHUNG E.V.,
`Patent Owner.
`____________________
`Case No. IPR2018-00690
`Patent No. 6,314,289
`__________________________________________________________
`
`DECLARATION OF DAVID LYON IN SUPPORT OF
`PETITIONER’S REPLY
`
`
`
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 1
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`

`

`IPR2018-00690
`Declaration of David Lyon ISO Petitioner’s Reply
`Table of Contents
`
`Page
`
`I.
`
`II.
`
`The Challenged Claims are Obvious Over Chen With or Without
`Campanella ...................................................................................................... 2
`A.
`Chen Teaches the Claimed Partitioner .................................................. 3
`B.
`The Combination of Chen and Campanella Yields Two Signals
`Coded in a “Different Way” .................................................................. 5
`Claims 7 and 24 are Obvious ................................................................ 8
`C.
`The Challenged Claims are Unpatentable Over Chen Alone ............. 10
`D.
`The Claims of Campanella are Supported by the ’591 Provisional and
`the Cited Subject Matter of Campanella Was Carried Over from the
`’591 Provisional ............................................................................................. 12
`A.
`Campanella’s Claims are Supported by the ’591 Provisional: ........... 12
`B.
`The Cited Disclosures of Campanella Have Been Carried Over
`From the ’591 Provisional ................................................................... 15
`1.
`Element [k] ................................................................................ 15
`III. The Claims of Smallcomb are Supported by the ’258 Provisional and
`the Cited Subject Matter of Smallcomb Was Carried Over from the
`’258 Provisional ............................................................................................. 39
`A.
`The ’258 Provisional Supports the Claims of Smallcomb .................. 40
`B.
`The Cited Disclosures of Smallcomb Have Been Carried Over
`From the ’258 Provisional ................................................................... 44
`1.
`Elements [a] through [d] ........................................................... 44
`
`
`
`
`- i -
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 2
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`

`

`
`
`I, David Lyon, declare as follows:
`
`
`
`I have been asked by Defendant Sirius XM Radio Inc. (“Sirius XM”)
`
`to submit this Declaration in support of Petitioner, Sirius XM Radio Inc. (“Sirius
`
`XM”), to provide information and opinions, as set forth in this Declaration, to
`
`assist the Board in the determination of whether or not the Board should invalidate
`
`one or more claims of Fraunhofer-Gesellschft zur Förderung der angewandten
`
`Forschung e.V.’s (“Fraunhofer” or “Patent Owner”) U.S. Patent No. 6,314,289
`
`(Ex. 1001, the “‘289 Patent”). Specifically, counsel for Sirius XM asked me to
`
`reply to the assertions made by Fraunhofer’s expert, Dr. Wayne Stark, and
`
`Fraunhofer’s assertions that Campanella and Smallcomb are not prior art to the
`
`’289 Patent.
`
`
`
`I have personal knowledge of the facts and opinions set forth in this
`
`Declaration, and, if called upon to do so, I am prepared to testify competently
`
`thereto.
`
`I.
`
`The Challenged Claims are Obvious Over Chen With or Without
`Campanella
`
`Fraunhofer’s argument that Chen and Campanella do not render the
`
`challenged claims obvious relies on two fundamental mistakes: that (1) the claimed
`
`“partitioner” must partition the two portions of output bits “into two signals” when
`
`the claims recite no such requirement, and (2) a POSITA would not have
`
`
`
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`- 2 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 3
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`

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`
`
`implemented Chen’s convolutional coding technique in Campanella’s system in
`
`order to achieve time and/or space diversity in spite of the fact that Chen explicitly
`
`states that “the invention can be implemented in communication system
`
`applications which utilize diversity in frequency, time, space, polarization or any
`
`other system parameter.” Chen at 2:64–67. I address these arguments below.
`
`A. Chen Teaches the Claimed Partitioner
`
`I understand Fraunhofer’s argument that Chen fails to teach the
`
`claimed partitioner to be based on its assertion that the partitioner must not only
`
`partition “the second number of output bits into the two portions of output bits” (as
`
`recited in each of the challenged claims) but that it also must also partition those
`
`bits “into two signals.” POR at 28. Fraunhofer also argues that the partitioner
`
`must output the two portions of bits “onto two respective bit streams” and output
`
`those bit streams must be “output on two respective channels.” Id. The challenged
`
`claims recite no such limitations.
`
`
`
`Fraunhofer does not argue that Chen fails to teach the partitioner
`
`limitation as it is recited in the challenged claims. See POR at 25–28. As I
`
`previously stated, “Chen discloses “a partitioner” (i.e. the portion of Chen’s
`
`convolutional encoder that “provides a mapping of code bits to sub carriers”) for
`
`partitioning the second number of output bits” (i.e. the rate-2/5 code) “into two
`
`portions of output bits” (i.e. the bits mapped to the upper and lower sidebands,
`
`
`
`- 3 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 4
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`respectively). See, e.g., Chen, 1:62-65; 6:18-23; 6:47-57; Lyon, ¶119.
`
`
`
`However, even under Fraunhofer’s asserted understanding of the
`
`partitioner limitation, Chen discloses the partitioner. Chen discloses that its
`
`modulator is responsible for “modulating the interleaved symbols onto one or more
`
`sub-carriers.” Chen at 3:61–69. A POSITA would understand that in order to
`
`modulate these interleaved symbols onto separate sub-carriers as disclosed in
`
`Chen, the interleaved symbols must be partitioned into two separate bitstreams
`
`such that each bitstream can be separately modulated. This is further substantiated
`
`by the Chen’s description of a preferred embodiment: “The invention provides a
`
`mapping of code bits to subcarriers which improves performance relative to
`
`conventional mappings…. For example, assume that the two complementary codes
`
`from the top line of TABLE 2 are the respective lower sideband and upper
`
`sideband half-bandwidth codes…. FIGS. 3A and 3B illustrate the above-described
`
`optimal bit assignment strategy for the lower sideband and upper sideband
`
`respectively.” See Chen, 6:18-20; 6:23-26; 6:46-48. And contrary to Fraunhofer’s
`
`argument, the interleaved bitstream is “partitioned into two signals” by separately
`
`modulating the interleaved bitstreams onto separate sub-carriers. I also note that
`
`Fraunhofer mistakenly alleges that Chen’s interleaver “interleaves the upper and
`
`lower sideband codes with a carrier signal as part of a single bitstream.” POR at
`
`27.
`
`
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`- 4 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 5
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`
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`Accordingly, Chen teaches the claimed partitioner.
`
`B.
`
`
`
`The Combination of Chen and Campanella Yields Two Signals
`Coded in a “Different Way”
`I understand that Fraunhofer does not dispute that Chen discloses “the
`
`first portion of output bits being coded based on the bitstream in a different way
`
`with respect to the second portion of output bits,” as recited in the challenged
`
`claims. Rather, I understand Fraunhofer to argue that a POSITA would not have
`
`implemented Chen’s complementary punctured convolutional codes in a system
`
`like Campanella’s that achieves space and/or time diversity. See POR at 29. But
`
`Fraunhofer’s argument that the combination of Chen and Campanella would not
`
`yield two signals coded in a “different way” is premised entirely on Fraunhofer’s
`
`mistaken notion that “a POSITA would have no reason to cede the benefits of
`
`frequency diversity in exchange for spatial diversity” POR at 29. I disagree.
`
`
`
`First, Fraunhofer’s argument is contradicted by Chen’s explicit
`
`disclosure that although the invention (i.e. punctured convolutional codes) was
`
`described with respect to a frequency diversity technique, it could also be
`
`implemented in systems like Campanella’s, that use time and space diversity:
`
`The invention will be described below in conjunction with
`exemplary complementary punctured convolutional codes
`optimized for use in a particular digital audio broadcast
`system. It should be understood, however, that the coding
`techniques of the invention may be applied to many other
`types of communication systems. For example, although
`
`
`
`- 5 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 6
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`

`
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`the digital audio broadcast system described herein utilizes
`a frequency diversity technique, the invention could also
`be implemented in systems which utilize time diversity,
`space diversity, polarization diversity, as well as other
`types of diversity techniques.
`Chen at 3:20 30 (emphasis added); see also id. at 1:8 14 and 2:47–67. A POSITA
`
`would therefore understand from Chen’s express disclosure that the invention, i.e.
`
`complementary punctured convolutional codes, can be implemented in systems
`
`that use time and/or space diversity, such as Campanella’s. Id.
`
` Despite this express disclosure, I understand that Fraunhofer asserts
`
`that Chen’s “disclosure clearly shows that Chen’s alleged invention is directed to
`
`punctured convolutional codes specifically optimized for frequency diverse IBOC
`
`implementations of DAB.” POR at 33 (citing Chen at 2:25 27, 2:18 22). I
`
`disagree. As the portion of Chen cited in the POR explicitly states (Fraunhofer’s
`
`emphasis notwithstanding), “[a] need therefore exists for improved punctured
`
`convolutional codes which can provide better performance than conventional codes
`
`in the above-described IBOC digital audio broadcasting system and other
`
`applications.” Chen at 2:18 22 (emphasis added). I also note that on cross-
`
`examination, Dr. Stark admitted that Chen’s invention was “improved punctured
`
`convolutional codes that can be used in digital audio broadcasting” generally, i.e.,
`
`not “codes specifically optimized for frequency diverse IBOC implementations of
`
`DAB.” Stark Tr. at 76:11–21.
`
`
`
`- 6 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 7
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`
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`I note that Fraunhofer’s argument also ignores the Yi reference that I
`
`cited in my original declaration, which demonstrates that “a system that applies a
`
`code diversity scheme, similar to the complementary convolutional codes in Chen,
`
`and a transmission architecture that achieves space and time diversity, as in
`
`Campanella,” was known in the art. Lyon, ¶ 92. Thus, not only would it have
`
`been obvious to use differently coded bitstreams in the context of a space and time
`
`diverse satellite broadcast system, as explicitly contemplated in Chen, but such a
`
`system was already known in the art at the time of the ’289 Patent. Petition at 24
`
`(citing Lyon, ¶ 92). Even if Fraunhofer were correct that a POSITA would have
`
`found it obvious to incorporate Chen’s IBOC signal in Campanella, that does not
`
`diminish the fact that a POSITA also would have found it obvious to transmit
`
`Chen’s differently coded bitstreams on Campanella’s time and space diverse
`
`channels as explicitly contemplated in Chen and as taught in Yi.
`
` Second, as Dr. Stark acknowledges, the IBOC digital communications
`
`system is a “terrestrial system.” Ex. 2042, ¶ 39. A POSITA would recognize that
`
`this terrestrial communications system is not well served by modulation and coding
`
`techniques for non-terrestrial, satellite communications systems, such as that
`
`disclosed in Campanella. Whereas in terrestrial communications, multipath fading
`
`typically results in large discrepancies in signal strength as a function of the radio
`
`frequency, in satellite communications signal attenuation is generally caused by
`
`
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`- 7 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 8
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`partial fading (e.g., by trees and shrubs) or deep fading (by buildings or tunnels)
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`which is uniform as a function of radio frequency.
`
` Therefore, it is my opinion that POSITA would not have chosen to
`
`implement an IBOC-based, frequency diversity approach in combination with
`
`Campanella. But Fraunhofer’s argument that the combination of Chen and
`
`Campanella would not yield two signals coded in a different way assumes that a
`
`POSITA would have incorporated Chen’s IBOC signal into Campanella’s satellite
`
`direct radio broadcast system, “yielding a resulting system having identical output
`
`bitstreams.” See POR at 29. Rather, a POSITA would understand the necessity to
`
`find a second (diverse) satellite channel with transmission characteristics (i.e.,
`
`partial and deep fading) not closely correlated with the first, and send distinct and
`
`different signals over these two channels that were each coded in different ways.
`
`A POSITA would understand, reading Campanella, that such a non-correlated
`
`channel would be one that was constructed with different timing and spatial
`
`characteristics. Ex. 1031 at 12–13.
`
`C. Claims 7 and 24 are Obvious
`
`I understand that Fraunhofer argued that claims 7 and 24 are not
`
`obvious because it misunderstood (or mischaracterized) Petitioner’s argument that
`
`rather than testing over two million possible polynomial generators, a POSITA
`
`would have chosen well-known generators and tested to determine whether they
`
`
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`- 8 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 9
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`“work very well with the puncturing scheme” that was to be used. Petition at 45.
`
`In the POR, Fraunhofer addressed a red herring, namely that Petitioner argued that
`
`“an engineer would test over two million possibilities.” POR at 46 (emphasis
`
`added). On cross-examination, Dr. Stark acknowledged that he and Fraunhofer
`
`misread this argument and confirmed Petitioner’s argument that an engineer would
`
`not have tested “every single 2 to the 21 generators… and so maybe they would
`
`test, you know, a subset.” Stark Tr. at 86:14–19. I agree with Dr. Stark that an
`
`engineer would have tested a subset of possible generators, i.e. the well-known
`
`generators disclosed in the Proakis textbook as argued in the Petition. Petition at
`
`45; Lyon, ¶ 156.
`
` Patent Owner’s second argument, that “a POSITA would not be
`
`motivated to contradict Chen’s basic teaching by abandoning” codes that were
`
`used in IBOC digital audio broadcasting systems,” also supports Petitioner’s
`
`argument. POR at 47. As discussed above, a POSITA would have understood that
`
`the IBOC communications system is a terrestrial digital broadcasting system that
`
`layers on top of the existing analog FM radio system. See § I.B, supra. Thus, a
`
`POSITA would recognize that generator polynomials optimized for use in such a
`
`system may not be optimal in the other types of digital audio broadcasting systems
`
`explicitly contemplated in Chen and, therefore, would have had motivation to test
`
`other well-known generator polynomials when implementing Chen’s invention in
`
`
`
`- 9 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 10
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`other digital audio broadcasting systems, such as those disclosed in Campanella
`
`and Smallcomb.
`
` For the foregoing reasons, in my opinion, the challenged claims are
`
`patentable over the combination of Chen and Campanella.
`
`D. The Challenged Claims are Unpatentable Over Chen Alone
`
`In my original declaration, I relied on Campanella as disclosing
`
`several features of the challenged claims. I understand, however, that Patent
`
`Owner asserts that Campanella is not prior art. As discussed below, the limitations
`
`of the challenged claims for which I cited Campanella are simply the state of the
`
`art, as demonstrated by other record evidence, including the “admitted prior art”
`
`(“APA”) discussed in the ’289 Patent itself. See ’289 Patent at 2:14–4:34. Thus, it
`
`is my opinion that Chen alone, as evidenced by the APA, Yi, and the Sklar
`
`textbook, renders obvious claims 2-15, 17, 19-33, and 35. The chart below
`
`demonstrates that the claim elements I relied upon Campanella as teaching—aside
`
`from achieving time and space diversity using a single satellite—are undoubtedly
`
`merely indicative of the state of the art:
`
`Claim
`Element
`[k] (2
`channels)
`
`State of the Art
`
`“FIG. 7 illustrates a transmitting receiving setup providing for
`time diversity as well as space diversity…. In the case of satellite
`communication, the transmitters 66 a and 66 b are realised by
`
`
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`- 10 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 11
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`two satellites that reside on different orbital positions spaced
`apart from each other.” APA (’289 Patent at 2:23-36).
`
`[l] (single tx) N/A
`
`[m] (dual tx)
`
`“In the case of satellite communication, the transmitters 66 a and
`66 b are realised by two satellites that reside on different
`orbital positions spaced apart from each other.” ’289 Patent at
`2:23-36.
`
`[n] (single
`sat)
`
`[o] (dual sat)
`
`[p] (terrestrial
`sender)
`
`[q] (delay
`means)
`
`[y]
`(combiner)
`
`N/A
`
`“In the case of satellite communication, the transmitters 66 a and
`66 b are realised by two satellites that reside on different orbital
`positions spaced apart from each other.” ’289 Patent at 2:23-36.
`
`“Finally, even with two satellites, signal blockage, shadowing,
`and fading problems continue to occur in urban and suburban
`environments. Conventional DAB systems have sought to solve
`this problem by employing a network of gap filler transmitters
`to provide the signal when both satellites are blocked from
`view.” Yi at 2:6–12.
`In this way, each gap filler transmitter in a given service area
`retransmits the same signals as the two satellites so as to align
`the satellite-delivered and gap filler delivered signals in time at
`each receiver in the gap filler's service area. Yi at 4:16–20.
`To obtain time diversity, a delay element 68 is coupled between
`the duplicator 67 and the second transmitter 66b. ’289 Patent at
`2:31-32.
`
`The DAB method and system of the present invention
`advantageously utilizes code diversity (whereby two different
`non-self-interfering turbo encoded signals are transmitted
`and substantially combined inside the receiver) to provide
`improved performance through higher coding gains, fewer gap
`fillers, and reduced transmit power level requirements from
`either of each of the satellite or the gap fillers. Yi at 2:27–35.
`
`- 11 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 12
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`
`[ee] (Reed-
`Solomon
`Decoder)
`
`One of the most popular concatenated coding systems uses a
`Viterbi-decoded convolutional inner code and a Reed-Solomon
`(R-S) outer code, with interleaving between the two coding
`steps [23].” Sklar at 365 (cited at Petition at 63-64; Lyon, ¶202).
`
`[ff] QPSK
`Demodulation
`
`The transmitter 66 may comprise usual transmitter elements,
`such as a QPSK modulator, an IFFT block (IFFT= Inverse Fast
`Fourier Transform) for performing orthogonal frequency
`division multiplexing, a guard interval inserter, a
`Synchronisation Sequence inserter and modulation means for
`modulating the Signal onto a high frequency carrier.
`Analogously, the receiver 72 comprises an HF front end, an
`analog/digital converter, and a QPSK demodulator. ’289
`Patent at 3:60-67.
`
`
`
`II. The Claims of Campanella are Supported by the ’591 Provisional and
`the Cited Subject Matter of Campanella Was Carried Over from the
`’591 Provisional
`A. Campanella’s Claims are Supported by the ’591 Provisional:
` The following claim chart establishes that the claims of Campanella
`
`are supported by the ’591 Provisional:
`
`Claim Element
`
`20a. A digital broadcasting system
`for transmitting a broadcast signal,
`said broadcast signal being
`transmitted from an earth station,
`comprising:
`
`Support
`The invention relates to a digital
`broadcast system (DBS) for optimized
`static, portable and mobile radio
`reception. The DBS combines line-of-sight
`(LOS) reception of satellite waveforms that
`are optimized for satellite delivery with re-
`radiation of the LOS signal from the
`satellite via one or more terrestrial
`repeaters. Ex. 1026 at 4:17-20.
`The embodiment of the DBS which uses
`
`
`
`- 12 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 13
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`20b. a satellite for receiving said
`broadcast signal from said earth
`station and for transmitting a
`satellite signal comprising said
`broadcast signal on a first carrier
`frequency;
`
`two GSO satellites with terrestrial
`reradiators is shown in Fig. 5. In this
`configuration, two satellites are separated
`by between 30 degrees to 40 degrees
`longitude along the GSO circle. One
`satellite repeats a signal sent from a
`ground station, and the other repeats the
`same signal sent from the same ground
`station but delayed by up to 5 to 10 seconds.
`Ex. 1026 at 14:23-27.
`
`The embodiment of the DBS which uses
`two GSO satellites with terrestrial
`reradiators is shown in Fig. 5. In this
`configuration, two satellites are separated
`by between 30 degrees to 40 degrees
`longitude along the GSO circle. One
`satellite repeats a signal sent from a
`ground station, and the other repeats the
`same signal sent from the same ground
`station but delayed by up to 5 to 10 seconds.
`Ex. 1026 at 14:23-27.
`In accordance with the present invention, a
`digital broadcast system (DBS) is provided
`which overcomes a number of
`disadvantages associated with existing
`broadcast systems and realizes a number of
`advantages. The DBS of the present
`invention comprises a TDM carrier
`satellite delivery system for digital audio
`broadcasts (DAB) which is combined with
`a network of terrestrial repeaters for the re-
`radiation of satellite downlink signals
`toward radio receivers. Ex. 1026 at 2:27-
`3:5.
`
`20c. a terrestrial repeater for
`receiving said satellite signal and for
`generating and transmitting a
`terrestrial signal from said satellite
`
`In accordance with the present invention, a
`digital broadcast system (DBS) is provided
`which overcomes a number of
`disadvantages associated with existing
`
`- 13 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 14
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`signal comprising said broadcast
`signal on a second carrier frequency
`that is different from said first
`carrier frequency, said terrestrial
`signal being modulated by said
`terrestrial repeater in accordance
`with a multipath-tolerant
`modulation technique;
`
`a second satellite operable to receive
`said broadcast program from said
`earth station and to transmit a
`second satellite signal comprising
`
`broadcast systems and realizes a number of
`advantages. The DBS of the present
`invention comprises a TDM carrier satellite
`delivery system for digital audio broadcasts
`(DAB) which is combined with a network
`of terrestrial repeaters for the re-
`radiation of satellite downlink signals
`toward radio receivers. Ex. 1026 at 2:27-
`3:5.
`The invention relates to a digital broadcast
`system (DBS) for optimized static, portable
`and mobile radio reception. The DBS
`combines line-of-sight (LOS) reception of
`satellite waveforms that are optimized for
`satellite delivery with re-radiation of the
`LOS signal from the satellite via one or
`more terrestrial repeaters. The terrestrial
`repeaters use other waveforms which are
`optimized for terrestrial delivery where
`blockage of the satellite LOS signal occurs.
`LOS signal blockage caused by buildings,
`bridges, trees and other obstructions
`typically occurs in urban centers and
`suburban areas. Waveforms particularly
`suitable for LOS satellite transmission
`are Time Division Multiplex (TDM and
`Code Division Multiple Access (CDMA)).
`Waveforms particularly suitable for
`overcoming terrestrial multipath
`interference encountered in blocked
`urban areas are Adaptive Equalized
`TDM (ATDM), Coherent Frequency
`Hopping Adaptively Equalized TDM
`(CFHATDM) and Multiple Carrier
`Modulation(MCM). Ex. 1026 at 4:17-29.
`The embodiment of the DBS which uses
`two GSO satellites with terrestrial
`reradiators is shown in Fig. 5. In this
`configuration, two satellites are separated
`
`- 14 -
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 15
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`

`

`
`
`said broadcast signal on said first
`carrier frequency and delayed a
`predetermined period of time with
`respect to the transmission of the
`first satellite signal.
`
`by between 30 degrees to 40 degrees
`longitude along the GSO circle. One
`satellite repeats a signal sent from a ground
`station, and the other repeats the same
`signal sent from the same ground station
`but delayed by up to 5 to 10 seconds. The
`use of two satellites separated in space
`results in elevation angle diversity in the
`line of sight paths between a radio on the
`earth each satellite. The time delay between
`the two satellite arrivals results in time
`diversity. Ex. 1026 at 14:23-30.
`
`
`
`B.
`
`The Cited Disclosures of Campanella Have Been Carried Over
`From the ’591 Provisional
` The following claim charts and explanations establish that the
`
`portions of Campanella cited against the challenged claims were carried forward
`
`from the ’591 Provisional. In the shaded portion of each chart, I reproduce the
`
`portions of Campanella I cited against each element of the ’289 Patent. In the
`
`unshaded portion I cite the portions of the ’591 Provisional carried over to
`
`Campanella:
`
`1.
`
`Element [k]
`
`Claim Element [k] – transmit/receive two channels w/ spatial diversity
`1, 6, 9 a transmitter for transmitting the output bits of the first portion via a
`first channel and the output bits of the second portion via a second
`channel, the second channel being spatially different from the first
`channel
`
`
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`- 15 -
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`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 16
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`

`

`
`
`2
`
`10, 13
`
`18, 19,
`23, 26
`
`27, 31
`
`means for transmitting the output bits of the first portion via a first
`channel and the output bits of the second portion via a second channel,
`the second channel being spatially different from the first channel
`receiving means for receiving the first portion of bits via a first channel
`and the second portion of bits via a second channel, the first and the
`second channels being spatially different from each other
`transmitting the output bits of the first portion via a first channel and the
`output bits of the second portion via a second channel, the second
`channel being spatially different from the first channel
`receiving the first portion of bits via a first channel and the second
`portion of bits via a second channel, the first and the second channels
`being spatially different from each other
` The ‘591 Provisional teaches the portions of Campanella relied upon.
`
`Campanella “FIG. 1 depicts a digital broadcast system (DBS) 10 comprising at
`least one geostationary satellite 12 for line of sight (LOS) satellite
`signal reception at radio receivers indicated generally at 14.
`Another geostationary satellite 16 at a different orbital position
`can be provided for time and/or spatial diversity purposes as
`discussed below in connection with FIGS. 6 and 7. The system
`10 further comprises at least one terrestrial repeater 18 for
`retransmission of satellite signals in geographic areas 20 where
`LOS reception is obscured by tall buildings, hills and other
`obstructions. The radio receiver 14 is preferably configured for
`dual-mode operation to receive both satellite signals and terrestrial
`signals and to select one of the signals as the receiver output.”
`(Campanella at 3:40–52).
`“The satellite signals can be transmitted from one satellite 12 or 16
`or from two satellites 12 and 16. Use of two geostationary satellites
`12 and 16 sufficiently separated in their orbits creates diversity in
`the LOS elevation and azimuth angles to enhance signal reception
`availability. Also, time diversity achieved by repeating a
`satellite signal from a single satellite 12 or 16, or by transmitting
`a signal from two satellites 12 and 16 with the properly selected
`time difference, further enhances the reception availability.”
`(Campanella at 6:35–43).
`
`
`
`- 16 -
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 17
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`

`

`
`
`
`
`‘591
`Provisional
`
`“Two preferred embodiments for a DBS 10 having a satellite-
`LOS/terrestrial-re-radiation configuration are described below. The
`first embodiment involves one geostationary orbit (GSO)
`satellite 12 or 16 having a judiciously selected longitude along
`the GSO arc which operates in coordination with a network of
`the terrestrial repeaters 18. The second embodiment involves
`two satellites 12 and 16 having different judiciously spaced
`GSO longitudes to achieve space and time diversity.”
`(Campanella at 8:18–26).
`The embodiment of the DBS 10 which uses two GSO satellites 12
`and 16 with terrestrial repeater 18 is shown in FIG. 8. In this
`configuration, two satellites 12 and 16 are separated by between 30
`degrees to 40 degrees longitude along the GSO circle. One satellite
`repeats a signal sent from a ground station, and the other satellite
`repeats the same signal sent from the same ground station but
`delays the signal as much as 5 to 10 seconds. The use of two
`satellites 12 and 16 separated in space results in elevation angle
`diversity in the LOS paths between a radio receiver 14 on the
`earth and each satellite 12 and 16. The time delay between the
`two satellite signal arrivals results in time diversity. Each of these
`types of diversity taken alone can significantly improve the
`availability of the LOS signal for a moving mobile receiver 14, and
`the improvement in availability is further significantly enhanced by
`both space and time diversity. Space and time diversity are
`particularly important when a mobile receiver 14 is traveling in a
`suburban area or in a rural area where the LOS signal blockage is
`due to bridges, trees and low buildings.” Campanella at 11:44–55.
`
`“The satellite signals may be transmitted from one satellite or from
`two satellites. Use of two geostationary satellites sufficiently
`separated in their orbits creates diversity in the LOS elevation
`and azimuth angles to enhance signal reception availability. Also
`time diversity achieved by repeating a satellite signal from a single
`satellite, or transmitting a signal from two satellites with the
`properly selected time difference, further enhances the reception
`availability.” Ex. 1026 at 8:1-6
`
`
`- 17 -
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1025, p. 18
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`

`

`
`
`
`
`The second embodiment involves two satellites having different
`judiciously spaced GSO longitudes to achieve space and time
`diversity. Ex. 1026 at 10:15-16
`
`The embodiment of the DBS which uses two GSO satellites with
`terrestrial reradiators is shown in Fig. 5. In this configuration,
`two satellites are separated by between 30 degrees to 40
`degrees longitude along the GSO circle. One satellite repeats a
`signal sent from a ground station, and the other repeats the same
`signal sent from the same ground station but delayed by up to 5 to
`10 seconds. The use of two satellites separated in space results
`in elevation angle diversity in the line of sight paths between a
`radio on the earth each satellite. The time delay between the two
`satellite arrivals results in time diversity. Ex. 1026 at 14:23-31
`
`
`
`The radio recei