Second Declaration of Dr. Jonathan Wells
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`Petition for Inter Partes Review
`of U.S. Patent No. 8,102,833
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`HUAWEI DEVICE CO., LTD.,
`Petitioner
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`v.
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`OPTIS CELLULAR TECHNOLOGY, LLC,
`Patent Owner
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`Case No. To Be Assigned
`Patent No. 8,102,833
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`SECOND DECLARATION OF DR. JONATHAN WELLS
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,102,833: CLAIMS 1-14
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`Petition for Inter Partes Review
`of U.S. Patent No. 8,102,833
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`HUAWEI DEVICE CO., LTD.,
`Petitioner
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`v.
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`OPTIS CELLULAR TECHNOLOGY, LLC,
`Patent Owner
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`Case No. To Be Assigned
`Patent No. 8,102,833
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`SECOND DECLARATION OF DR. JONATHAN WELLS
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,102,833: CLAIMS 1-14
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`Second Declaration of Dr. Jonathan Wells
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`Petition for Inter Partes Review
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`TABLE OF CONTENTS
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`I.
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`II.
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`INTRODUCTION .............................................................................................................. 1
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`QUALIFICATIONS ........................................................................................................... 2
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`III. MATERIALS CONSIDERED ........................................................................................... 6
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`IV.
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`V.
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`VI.
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`SCOPE OF OPINIONS ...................................................................................................... 9
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`3GPP ................................................................................................................................... 9
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`PUBLIC AVAILABILITY OF MOTOROLA .................................................................. 15
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`VII. CONCLUSION ................................................................................................................. 20
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`I.
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`INTRODUCTION
`1. My name is Jonathan Wells, and I have been retained as an expert on
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`Petition for Inter Partes Review
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`behalf of Huawei Device Co., Ltd. (“Huawei”), the Petitioner in the present
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`proceeding. I am being compensated at my usual and customary hourly rate. I
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`have no financial interest in, or affiliation with, the petitioner, real parties-in-
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`interest, or the Patent Owner, which I understand to be Optis Cellular Technology,
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`LLC. My compensation is not dependent upon the outcome of, or my testimony
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`in, the present inter partes review or any related litigation proceedings.
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`2. My opinions are based on my years of education, research and
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`experience, as well as my investigation and study of relevant materials. The
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`materials that I studied for this declaration include all exhibits of the petition.
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`3.
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`I may rely upon my knowledge and experience, the materials set forth
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`in Section III below, and/or additional materials to rebut arguments raised by the
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`Patent Owner. Further, I may also consider additional documents and information
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`in forming any opinions, including documents that may not yet have been provided
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`to me.
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`4. My analysis of the materials produced in this litigation is ongoing and
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`I will continue to review any new material as it is provided. This Declaration
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`represents only those opinions I have formed to date. I reserve the right to revise,
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`supplement, and/or amend my opinions stated herein based on new information
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`and on my continuing analysis of the materials already provided.
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`II. QUALIFICATIONS
`I am an expert in the field of wireless communications. I have
`5.
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`studied, taught, practiced, and researched this field for thirty years. I summarize in
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`this section my educational background, work experience, and other relevant
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`qualifications. My curriculum vitae is attached as Exhibit 1009.
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`6.
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`I earned my Bachelor of Science degrees in Physics and Physical
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`Electronics with First Class Honors from the University of Bath in 1987. In 1991,
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`I earned my Ph.D. in Microwave Physics from the University of Bath. I earned my
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`Masters of Business Administration with distinction in 1998 from Massey
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`University in New Zealand.
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`7.
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`From 1990 to 1992, I worked at the University of Bath as a
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`Postdoctoral Research Officer. During this time, I researched and developed novel
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`integrated semiconductor devices, including developing software models to predict
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`the performance of these and other devices. I also taught undergraduate classes
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`and ran laboratory sessions.
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`8.
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`From 1993 to 1994, I was a Senior Design Engineer at Matra Marconi
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`Space, where I developed integrated electronic components and space-qualified
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`sub-systems for two satellite payloads.
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`9.
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`From 1994 to 1998, I was employed by MAS Technology (now Aviat
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`Networks) in Wellington, New Zealand; first as a Senior Design Engineer before
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`being promoted to Engineering Group Manager. During this time, I was
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`responsible for hardware development for three families of telecommunication
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`equipment and sustaining development for a family of satellite ground station
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`terminals. I personally designed a wide range of RF devices, and was responsible
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`for the company’s European regulatory approvals.
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`10. From 1998 to 2000, I was with Adaptive Broadband (now GE Digital
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`Energy) in Rochester, NY, first as an Engineering Group Leader, and then as
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`Director of Wideband Products. In this latter role, I had full profit and loss
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`responsibility for the Terrestrial Infrastructure Group, where I also oversaw the
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`development of a family of digital radios and associated switching and
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`multiplexing equipment.
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`11. From 2000 to 2004, I was Director of Product Development at Stratex
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`Networks (now Aviat Networks) in San Jose, CA. At Stratex Networks I was
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`responsible for global product development of a portfolio of high-end digital
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`microwave radios primarily for cellular applications. I led a development team of
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`35 engineers, and provided technical leadership of Stratex’s flagship Eclipse
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`product.
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`12. From 2005 to 2007, I was Director of Product Management and
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`Global Regulatory Affairs at GigaBeam Corporation in Herndon, VA. At
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`GigaBeam, I was responsible for overall product strategy for a novel, industry-
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`transforming wireless communication product. During this time, I had
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`responsibility for establishing a global regulatory framework for this new product,
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`which included developing Federal Communications Commission (“FCC”),
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`European Conference of Postal and Telecommunications Administrations
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`(“CEPT”), and European Telecommunications Standards Institute (“ETSI”)
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`standards to cover the specification and regulation of the system. I participated in
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`multiple standard setting meetings, including ETSI meetings, where I personally
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`submitted technical contributions, attended technical meetings, and contributed
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`input to technical specifications. I also personally met multiple times with over a
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`dozen different international regulatory bodies to help setup wireless regulations
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`within their countries.
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`13.
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`I have been Managing Partner of AJIS Consulting since 2007. As an
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`independent consultant, I provide expertise on various aspects of wireless
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`communications, including, but not limited to, cellular technologies, wireless
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`devices, network infrastructure, and wireless rules and regulations. In that
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`capacity, I have undertaken multiple projects consulting on these topics, as well as
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`analyzing patents and commercial equipment, for a variety of clients in the
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`communications industry. I have conducted a number of technical workshops on
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`various aspects of wireless technology, including cellular networks, mm-wave
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`radios, security sensors, and short-range radios. I have also helped public
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`companies, private entities, and startups with product development and marketing
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`strategies for wireless products, as well as preparing technical submissions for
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`standards setting meetings.
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`14.
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`I have written multiple books, industry reports and journal and
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`conference papers, most of which focus on wireless communications systems. For
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`example, I am the author of “Multi-Gigabit Microwave and Millimeter-Wave
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`Wireless Communications” (Artech House, 2010) (Ex. 1012). I have authored four
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`comprehensive industry reports on cellular connectivity for Mobile Experts. I have
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`lectured as part of undergraduate programs at UC Berkeley, Carnegie Mellon
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`University, and University of Bath, and have given over two dozen lectures and
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`conference presentations on topics germane to wireless communications.
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`15.
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`I am a named inventor on the following issued patents and published
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`patent applications:
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`• U.S. Patent No. 7,623,829: Transceiver power detection and
`control architecture;
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`• U.S. Patent No. 7,236,745: Transceiver power detection
`architecture;
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`• International Publication No. WO 2004/080035: Transceiver
`power detection architecture;
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`• European Patent Publication No. EP 1599952 A2: Transceiver
`power detection architecture; and
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`• Chinese Published Patent Application No. CN 1757186A:
`Transceiver power detection architecture.
`I have been a member of the Institute of Electrical and Electronic
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`16.
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`Engineers (“IEEE”) since 1995 and a Senior Member of IEEE since 1999. I am
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`also a Member of the IEEE Communications Society and the IEEE Microwave
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`Theory and Techniques Society. I was a reviewer for the U.S. Government’s
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`Broadband Technology Opportunity Program and the Broadband Initiatives
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`Program, both part of American Recovery and Reinvestment Act of 2009. I have
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`been a Chair or Co-Chair of numerous technology workshops and symposia related
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`to wireless communications technology. I have also been a member of ETSI and
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`the 3rd Generation Partnership Project (“3GPP”).
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`17.
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`If asked, I will testify regarding my qualifications, background and
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`experience in the field of wireless communications.
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`III. MATERIALS CONSIDERED
`In preparing this Declaration, I have reviewed and relied upon the
`18.
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`following list of materials:
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`Exhibit No.
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`Description
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`1027
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`“3GPP – About 3GPP” Home webpage
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`Exhibit No.
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`Description
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`1028
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`Internet Archive’s record of www.3gpp.org on September
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`14, 2006
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`1029
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`Internet Archive’s record of www.3gpp.org/tb/home.htm
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`on September 23, 2006
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`1030
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`Internet Archive’s record of TSG RAN WG1 homepage on
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`September 23, 2006
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`1031
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`Internet Archive’s record of 3GPP FTP webpage for TSG
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`RAN WG1 on September 23, 2006
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`1032
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`Internet Archive’s record of 3GPP FTP webpage for TSG
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`RAN WG1 meeting #46 on September 23, 2006
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`1033
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`Internet Archive’s record of www.3gpp.org on September
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`2, 2007
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`1034
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`Internet Archive’s record of www.3gpp.org/tb/home.htm
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`on August 19, 2007
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`1035
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`Internet Archive’s record of TSG RAN WG1 homepage on
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`August 23, 2007
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`1036
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`Internet Archive’s record of 3GPP FTP webpage for TSG
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`RAN WG1 on July 1, 2007
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`Exhibit No.
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`Description
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`1037
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`Internet Archive’s record of 3GPP FTP webpage for TSG
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`RAN WG1 meeting #50 on July 14, 2007
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`1038
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`Internet Archive’s record of 3GPP FAQ webpage on
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`September 23, 2006
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`1039
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`Internet Archive’s record of 3GPP FAQ webpage on
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`1040
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`1041
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`September 6, 2007
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`3GPP FAQ webpage
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`Internet Archive’s record of 3GPP E-mail Exploder Lists
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`on September 23, 2006
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`1042
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`Internet Archive’s record of 3GPP E-mail Exploder Lists
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`1043
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`1044
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`1045
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`on August 25, 2007
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`3GPP meetings for group R1
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`3GPP FTP webpage for TSG RAN WG1 meeting #50
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`3GPP FTP webpage for “Docs” directory for TSG RAN
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`WG1 meeting #50
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`1046
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`Internet Archive’s record of 3GPP FTP webpage for
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`contribution documents of TSG RAN WG1 meeting #50 on
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`January 19, 2008
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`Exhibit No.
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`Description
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`1047
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`Brian Classon’s email to 3GPP ListServ on August 14,
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`2007
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`1048
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`3GPP FTP webpage for “Reports” directory for TSG RAN
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`WG1 meeting #50
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`1049
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`Internet Archive’s record of “3GPP meetings for group R1”
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`webpage on August 15, 2007
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`IV. SCOPE OF OPINIONS
`I have been asked to provide my opinions regarding the public
`19.
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`availability of 3GPP contribution document R1-073361 (“Motorola”).1
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`V.
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`3GPP
`20. The 3rd Generation Partnership Project (“3GPP”) is a partnership
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`uniting seven telecommunications standard development organizations: (1) from
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`the United States, the Alliance for Telecommunications Industry Solutions
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`(“ATIS”); (2) from Japan, the Association of Radio Industries and Businesses
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`(“ARIB”) and the Telecommunication Technology Committee (“TTC”); (3) from
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`China, the China Communications Standards Association (“CCSA”); (4) from
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`1 I am submitting a separate declaration regarding my opinion on the invalidity of
`claims 1-14 of U.S. Patent No. 8,102,833 for this litigation.
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`Europe, the European Telecommunications Standards Institute (“ETSI”); (5) from
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`India, the Telecommunications Standards Development Society (“TSDSI”); and
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`(6) from Korea, the Telecommunications Technology Association (“TTA”). Ex.
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`1027. The goal of 3GPP is to provide its members with an environment to produce
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`reports and specifications that define 3GPP technologies covering wireless
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`telecommunications networks. Id.
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`21. The 3GPP member companies drive the development of the 3GPP
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`technical specifications. Id. 3GPP has three active Technical Specification Groups
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`(“TSG”): Radio Access Networks (“RAN”), Service & Systems Aspects (“SA”),
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`and Core Networks & Terminals (“CT”). Id. Within each TSG, the Working
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`Groups have regular meetings, as well as quarterly Plenary Group meetings, where
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`member companies’ contributions, draft specifications, and other discussion
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`documents are presented for approval. Id. Each TSG has a particular area of
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`responsibility for the reports and specifications. Id.
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`22. An individual 3GPP member, a 3GPP member company, or some
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`combination thereof, who wishes to propose a new technical element or discuss
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`newly proposed technical elements, or who wishes to change an existing technical
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`element, can prepare a “contribution document,” also known as a “TDoc” or
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`technical document. Such a contribution document may propose a new technical
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`element or change to an existing technical in a technical specification. The
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`contribution document describes the proposed change (or changes), which is then
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`discussed at a Working Group Meeting. The proposed change (or changes)
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`becomes part of the associated technical specification(s) upon approval by the
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`Working Group or the 3GPP Plenary Group if the targeted specification was under
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`change control.
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`23. A search of the Internet Archive’s records for 3GPP’s website
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`contains archived versions of 3GPP’s homepage (www.3gpp.org) during the period
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`of September 2006 through September 2007. A record dated September 14, 2006
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`shows how the 3GPP’s website looked and could be navigated in September 2006.
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`Ex. 1028. 3GPP members and the public could directly access meeting
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`information, Working Group contribution documents, and emails. For example,
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`selecting the “Technical Bodies” link directs a person to a project coordination
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`webpage that includes a “RAN WG1 Radio Layer1 specification” link. Ex. 1029,
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`2. The 3GPP contribution documents that are of interest in the petition are found
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`in this particular Working Group. Selecting the “RAN WG1 Radio Layer1
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`specification” link directs a person to the “TSG RAN WG1 (Radio layer1)”
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`webpage that includes links to contribution documents (“Documents area”),
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`specifications, and meeting information. Ex. WELLS-1030. Selecting the
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`“Documents area” link directs a person to the top level of the FTP index of the
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`TSG RAN Working Group 1. Ex. 1031. Selecting, for example, the “TSGR1_46”
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`link directs a person to the documents uploaded for TSG RAN Working Group 1
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`meeting #46. Ex. 1031, 2; Ex. 1032. Records of the archived 3GPP website from
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`the September 2007 timeframe are consistent with the records from the September
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`2006 timeframe. Ex. 1033–1037.
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`24.
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`It is my understanding and my experience that 3GPP publicly
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`announced upcoming Working Group meetings on their webpage and that
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`contribution documents for a particular Working Group meeting were uploaded to
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`their servers. This practice allowed 3GPP members, as well as the public, the
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`opportunity to review and download the contribution documents. The Internet
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`Archive’s records of the 3GPP FAQ webpage from the period of September 2006
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`through September 2007 confirm my understanding. For example, in a September
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`23, 2006 record of the 3GPP FAQ webpage, under the “6. Documents and
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`Meetings” heading, in response to the query “[w]here can I download documents
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`for an upcoming meeting?,” the 3GPP FAQ webpage states that “[e]ach meeting
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`invitation will contain details of where the documents are stored for the meeting”
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`and that it “is advisable for delegates attending a meeting to download the
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`documents available prior to the meeting from the ftp server and onto their
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`personal computers.” Ex. 1038, 3, 13. The record of the 3GPP FAQ webpage on
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`September 6, 2007 is consistent. Ex. 1039, 11.
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`25. The 3GPP website lists the dates and locations of future 3GPP
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`meetings in order to make these meetings known to the public in advance. Since
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`the 3GPP documents of interest are from the TSG RAN Working Group1, a listing
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`of future meetings can be accessed from the same “TSG RAN WG1 (Radio
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`layer1)” webpage from which the written contributions can be accessed.
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`Attendance at 3GPP meetings is generally limited to 3GPP members, although
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`non-3GPP guest members are allowed to attend as observers. These non-3GPP
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`members are able to find out about the meeting dates and times on 3GPP’s website.
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`These non-3GPP members are also able to download and access the contribution
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`documents offered for discussion as soon as they were uploaded to 3GPP’s server.
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`The 3GPP’s FAQ webpage confirms that “[n]o password is needed to access any
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`information on the 3GPP website, all information is openly published.” Ex. 1038,
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`15; Ex. 1039, 5.
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`26.
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`It is my understanding that the purpose of publishing the contribution
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`documents, technical specifications, and other development documents on 3GPP’s
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`website and publicly announcing upcoming meeting locations and times is to make
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`the wireless communication industry aware of the Working Groups’ efforts and to
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`solicit additional contributions from the industry prior to finalizing a given
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`standard, or for starting work on any upcoming releases.
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`27. Generally, in the time prior to a Working Group meeting, contribution
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`documents and technical specifications are created and uploaded onto the
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`appropriate directory within 3GPP’s server (i.e., the “Docs” directory shown in
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`exhibits 1032 and 1037). The current 3GPP FAQ webpage corroborates this
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`process. Ex. 1040, 14 (“How can I determine when a meeting contribution
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`document (TDoc) became publicly available?”). Based on my understanding of
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`3GPP’s publication practices, the FAQ webpage accurately describes the time
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`leading up to Working Group meetings:
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`TDoc numbers start to be allocated some weeks before a 3GPP
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`meeting, and the authors then create them and they or the
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`group’s secretary uploads them to the public file server as soon
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`as possible. Some may have been distributed to the group’s
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`members in draft form for review, using the email exploder, in
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`advance of the final one becoming available, and for some
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`groups, it is normal to distribute even the final TDoc via the
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`exploder, where the secretary picks it up and copies it to the
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`public server. Typically, at the start of a meeting, around 50%
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`of the TDocs are available.
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`28.
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`In addition to the contribution documents being uploaded to the 3GPP
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`servers upon receipt, the 3GPP’s FAQ webpage indicates that contribution
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`documents are distributed via exploder emails. This method of distribution
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`effectively places the document in the public domain, since the membership of the
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`exploder is open to all and is unpoliced. Ex. 1040, 14-15. In the September 2006
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`to September 2007 timeframe, the 3GPP homepage had a link to the 3GPP “Email
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`exploder lists” could be directly accessed from the “Email Lists” link on the 3GPP
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`homepage. Exs. 1028, 1041, 1033, 1042. In the September 2006 to September
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`2007 timeframe, the 3GPP’s FAQ webpage provided instructions that assisted
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`members of the public to subscribe to a 3GPP email exploder list and notes that
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`discussion archives for the 3GPP exploder lists could be accessed using the
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`3GPP’s website. Ex. 1038, 6; Ex. 1039, 4.
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`VI. PUBLIC AVAILABILITY OF MOTOROLA
`29. R1-073361 (“Motorola”) is a contribution document entitled “Uplink
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`Channel Interleaving,” submitted by Motorola to the 3GPP TSG RAN1 WG1
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`Working Group for meeting number 50 held in Athens, Greece on August 20-24,
`
`2007. Ex. 1011, 1.
`
`30. On its face, Motorola states that it is a document for “Discussion and
`
`Decision” at the 3GPP TSG RAN1 meeting #50 in Athens, Greece from August 20
`
`to August 24, 2007. Ex. 1011, 1. Motorola can be downloaded from the 3GPP
`
`website at the following URL:
`
`http://www.3gpp.org/ftp/tsg_ran/WG1_RL1/TSGR1_50/Docs/.
`
`
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`15
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`Second Declaration of Dr. Jonathan Wells
`
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`
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`
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`Petition for Inter Partes Review
`of U.S. Patent No. 8,102,833
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`31. Motorola was presented and discussed at meeting #50 of the TSG
`
`RAN Working Group1 in Athens, Greece, on August 20–24, 2007. The meeting
`
`list and the range of TDocs (R1-073240–R1-073888) confirm that Motorola (R1-
`
`073361) was presented at this TSG RAN Working Group1 meeting. Ex. 1043, 7
`
`(“R1-50”).
`
`32. At the webpage shown in exhibit 1044, the “Files” hyperlink
`
`associated with meeting #50 of the TSG RAN Working Group1 links to a webpage
`
`directory that lists the top-level folders that include all the materials for this
`
`meeting. Ex. 1044.
`
`33. The 3GPP website allowed both 3GPP members, as well as members
`
`of the public, to freely search and download documents, such as contribution
`
`documents and specifications. For Motorola, to locate the contribution documents
`
`for meeting #50 of the TSG RAN Working Group1, selecting the “Docs” hyperlink
`
`shown in exhibit 1044 links to a webpage that lists all the contribution documents
`
`that were presented at meeting #50. Ex. 1045. Once a 3GPP member or a member
`
`of the public has reached this directory, the written contributions, including
`
`Motorola (R1-073361), can be downloaded – there are no restrictions or password
`
`protections.
`
`34. The portion of the directory shown in exhibit 1046 that pertains to
`
`Motorola is shown below in an annotated screen capture excerpt:
`
`
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`16
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`Second Declaration of Dr. Jonathan Wells
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`
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`Petition for Inter Partes Review
`of U.S. Patent No. 8,102,833
`
`
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`Ex. 1045, 3.
`35. The text “R1-073361.zip” is a hyperlink to a .zip file entitled “R1-
`
`073361.zip” ( http://www.3gpp.org/ftp/tsg_ran/WG1_RL1/TSGR1_50/Docs/R1-
`
`073361.zip). A user can download and open this .zip file, which contains a single
`
`Microsoft Word file “R1-073361.doc.” This file R1-073361.doc is what I refer to
`
`herein as Motorola (a copy of which in PDF form is exhibit 1011).
`
`36. The R1-073361.zip hyperlink has a date and time stamp (8/15/2007
`
`12:44 PM). Based on my knowledge of uploading .zip files to 3GPP’s publicly
`
`available server, it is my understanding that this date/time stamp means that the
`
`R1-073361.zip file was uploaded to 3GPP’s publicly available website on August
`
`15, 2007. Based on my knowledge, it is my understanding that any 3GPP member,
`
`or member of the public, could have (1) located and downloaded the R1-
`
`073361.zip file; (2) extracted the Word contribution document enclosed within;
`
`and (3) reviewed the contents of that Word contribution document without
`
`restriction after the document was uploaded on August 15, 2007, and at any time
`
`thereafter. I have no reason to believe this date stamp is inaccurate.
`
`
`
`17
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`
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`Second Declaration of Dr. Jonathan Wells
`
`Petition for Inter Partes Review
`of U.S. Patent No. 8,102,833
`
`37.
`
`To confirm that the date/time stamp for R1-073361.zip is unchanged
`
`since August 15, 2007, an Internet Archive search located an archived copy of the
`
`http://www.3gpp.org/ftp/tsg_ran/WG1_RL1/TSGR1_42/Docs/ webpage. Ex.
`
`1046, 3. The annotated excerpt below has the same date and time stamp as the
`
`excerpt from exhibit 1045, with the exception that the date and time formatting is
`
`slightly different.
`
`38.
`
`3GPP uses an email exploder to distribute contribution documents to
`
`3GPP members, as well as to non-3GPP members. Searching the TSG RAN WG1
`
`email exploder archive for the month of August 2007 confirms that Motorola was
`
`distributed on August 14, 2007. Ex. 1047. The message from Brian Classon with
`
`the subject “Motorola’s contributions for RAN1#50 – Batch 2” that was sent to the
`
`group’s email exploder (3GPP_TSG_RAN_WG1@LIST.ETSI.ORG) indicates
`
`that Motorola was distributed to the group on August 14, 2007, at 23:48:12, the
`
`day before it was uploaded into the documents FTP directory. Id. Anyone
`
`subscribed to the group’s email exploder list would have received the email with
`
`the R1-063361.zip attachment and the notification that Motorola was submitted to
`
`be discussed at meeting #50 of the TSG RAN Working Group 1.
`
`18
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`Second Declaration of Dr. Jonathan Wells
`
`
`
`
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 8,102,833
`
`39. Based on the minutes of the TSG RAN WG1 #50 meeting, Motorola
`
`was not revised during the meeting. If Motorola were revised, the meeting minutes
`
`would reflect a document revision number in the Reports subdirectory of the #50
`
`meeting materials directory. Ex. 1048. No such document revision number for
`
`Motorola is indicated in the minutes from the minutes of the TSG RAN WG1 #50
`
`meeting. In addition, the upload/last modified date of R1-073361.zip is August 15,
`
`2007 at 12:44 PM, as discussed above in paragraph 36. Ex. 1045, 3. Thus, the
`
`contribution document Motorola that was freely accessible and available for
`
`download on 3GPP’s website since August 15, 2007, is the same version of
`
`Motorola that currently resides in the “Docs” directory associated with TSG RAN
`
`WG1 meeting #50.
`
`40. A listing of future meetings for the TSG RAN Working Group1 can
`
`be accessed from the same “TSG RAN WG1 (Radio layer1)” webpage from which
`
`the written contributions can be accessed, as discussed in paragraph 25. The “Next
`
`meeting information & previous meeting reports and documents” hyperlink will
`
`provide a list of upcoming TSG RAN WG1 meetings.
`
`41. An archived version of the meeting list webpage from August 15,
`
`2007 publicly advertises that meeting #50 (the meeting at which Motorola was
`
`presented) is going to take place from “2007-08-20” to “2007-08-04” in “Athens.”
`
`Ex. 1049, 1. A member could register for the meeting by clicking the “Register”
`
`
`
`19
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`
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`Second Declaration of Dr. Jonathan Wells
`
`Petition for Inter Partes Review
`of U.S. Patent No. 8,102,833
`
`hyperlink associated with the #50 meeting. Id. Further, any member of the public
`
`(both 3GPP members and non-members) could see the documents associated for
`
`the meeting by clicking on the “Files” hyperlink associated with the #50 meeting.
`
`The “Files” hyperlink will direct one to the meeting materials directory for the
`
`meeting #50 of the TSG RAN Working Group1.
`
`VII. CONCLUSION
`
`42. Based on my review and above analysis, it is my opinion that 3GPP
`
`contribution document R1-073361 (“Motorola”) was publicly available by no later
`
`than August 16, 2007 because i) Motorola was uploaded to 3GPP’s publicly
`
`available FTP website on August 15, 2017, and ii) Motorola was distributed to
`
`TSG RAN WG1’s email exploder list on August 14, 2017.
`
`43.
`
`I hereby 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 Section 1001 of Title 18 of the United States
`
`Code.
`
`Dated: March 21, 2018
`
`By: _________________
`
`Jonathan Wells
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`20
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