DOCKET NO.: 0107131-00573US4
`Filed on behalf of Intel Corporation
`By: David L. Cavanaugh, Reg. No. 36,476
`John V. Hobgood, Reg. No. 61,540
`Benjamin S. Fernandez, Reg. No. 55,172
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: David.Cavanaugh@wilmerhale.com
`John.Hobgood@wilmerhale.com
`Ben.Fernandez@wilmerhale.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`INTEL CORPORATION
`Petitioner
`
`v.
`
`QUALCOMM INCORPORATED
`Patent Owner
`
`Case IPR2019-00128
`
`DECLARATION OF FRIEDHELM RODERMUND
`U.S. PATENT NO. 9,154,356
`CLAIMS 1, 7, 8, 11, 17, and 18
`
`INTEL 1327
`
`

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`Declaration of Friedhelm Rodermund
`
`
`
`I.
`
`INTRODUCTION
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`IPR2019-00128
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`1.
`
`My name is Friedhelm Rodermund. I have been retained by Intel Corporation
`
`(“Petitioner”) in connection with the petition for inter partes review of United States Patent
`
`No. 9,154,356.
`
`2.
`
`I have prepared this declaration at the request of Petitioner to provide my
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`expert conclusion regarding the public availability of 3GPP TR 36.912 v9.1.0 (2009-12),
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`“3rd Generation Partnership Project; Technical Specification Group Radio Access Network;
`
`Feasibility Study for Further Advancements for E-UTRA (LTE-Advanced) (Release 9).”
`
`3.
`
`This document was made publicly available by a standards development
`
`organization called the 3rd Generation Partnership Project (“3GPP”). Standards development
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`organizations (“SDO”) are responsible for the development and formal adoption of
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`telecommunications standards; for example, ETSI is responsible for the adoption of
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`European telecommunications standards. SDOs rely on member companies and their
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`employees to assess technical issues relating to such standards, and to draft and discuss
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`technical proposals directed to such issues.
`
`4.
`
`Based on my direct experience working at and with 3GPP for nearly 20 years,
`
`I conclude that this 3GPP document was publicly available no later than December 14, 2009.
`
`This declaration sets forth my conclusions regarding the public availability of this document
`
`in detail and provides the bases for those conclusions.
`
`5.
`
`I am being compensated for my time spent working on this matter at my
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`normal consulting rate for work of this type of €400 per hour, plus reimbursement for any
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`additional reasonable expenses. My compensation is not in any way contingent on the
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`Declaration of Friedhelm Rodermund
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`substance of my conclusions or outcome of the petition for inter partes review. I have no
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`IPR2019-00128
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`other interest in this matter.
`
`II.
`
`QUALIFICATIONS AND PROFESSIONAL EXPERIENCE
`
`6.
`
`I provide a detailed description of my experience and education in my CV
`
`attached hereto as Appendix A.
`
`7.
`
`I attended the University of Technology Aachen in Aachen, Germany, where I
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`performed graduate studies in Electrical Engineering with a focus on telecommunications
`
`technologies (Dipl.-Ing. TH). I also attended the University of Technology Trondheim in
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`Trondheim, Norway, and completed my Diploma thesis, “Design of a dual processor
`
`computer for digital signal processing in power electronics,” in 1993.
`
`8.
`
`Since obtaining my degree, I have worked continuously in the
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`telecommunications field in various positions. In particular, I have more than 20 years of
`
`knowledge and experience working at and with standards development organizations
`
`including the European Telecommunication Standards Institute (“ETSI”), including nearly
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`20 years working at and with 3GPP.
`
`9.
`
`From December 1993 to June 1998, I worked at Mannesmann Mobilfunk as a
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`System Engineer and Project Manager in Quality Assurance and Technical Standards, with
`
`responsibilities as described in my CV. During that time, I also started working on cellular
`
`standards. I attended my first ETSI meeting in 1996.
`
`10.
`
`From June 1998 to December 2004, I worked at ETSI as a project manager for
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`various ETSI Special Mobile Group (“SMG”) and the 3GPP working groups.
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`Declaration of Friedhelm Rodermund
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` First, from 1998 to 1999, I served as a secretary of SMG4 “Data Services” and SMG8
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`IPR2019-00128
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`“Base Stations Testing.”
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` Then, from 1999 to 2004, I served as a project manager with the ETSI Mobile
`
`Competence Center (“MCC”). I supported the creation of 3GPP as the new
`
`international standards development organization for cellular telecommunications.
`
`ETSI is a constituent member of 3GPP, along with other regional SDOs. One of my
`
`roles was acting as Secretary for 3GPP’s Technical Specifications Group Terminals,
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`Working Group “T2,” the group which played the leading role in the creation of
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`standards for Multimedia such as the Multimedia Messaging Service (“MMS”).
`
`
`
`In 2002, I was assigned as the secretary of the highest level Technical Specifications
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`Group “Terminals” and I served in this role until 2004.
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` As part of my responsibilities at ETSI, I edited all technical specifications produced
`
`by my working groups and presented results to the parent body for approval. I
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`attended all meetings (apart from some sub-working group meetings) and was also
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`responsible for compiling meeting reports, for handling all the meeting documents,
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`and managing the work plan. My role included guiding the groups and advising the
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`chairs regarding 3GPP working methods and procedures, including document
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`handling, and ensuring that delegates were aware of their company’s obligations
`
`under the 3GPP Intellectual Property Rights policy.
`
`11.
`
`Further, I acted as 3GPP’s custodian of records by personally managing
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`3GPP’s public FTP folders, which I used to make various 3GPP documents publicly
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`accessible, including versions of 3GPP specifications, technical reports, liaison statements,
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`change requests, contributions, agendas, meeting reports, and other 3GPP documents from
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`my working groups. I am also knowledgeable about document management practices used
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`in other working groups, and within 3GPP in general, to make documents publicly accessible
`
`through 3GPP’s public FTP server.
`
`12. After I left ETSI, I worked from January 2005 to October 2014 at Vodafone,
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`first as a Project Manager for Mobile Broadcast Standards, and then as Vice Chairman OMA
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`DM, and then as a Senior Standards Strategist, all with responsibilities as described on my
`
`CV. At Vodafone, I was deeply involved in standards work with ETSI and 3GPP and other
`
`standards setting organizations, including as a delegate to 3GPP SA1. As part of my
`
`responsibilities as a delegate to 3GPP SA1, I attended 3GPP meetings, and submitted
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`documents to 3GPP. Further, during my time at Vodafone I used 3GPP resources (including
`
`3GPP’s FTP server) extensively and remained knowledgeable about 3GPP policies and
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`procedures with regard to document management and public accessibility.
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`13.
`
`Since leaving Vodafone in 2014, I have performed consulting work regarding
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`Internet of Things (IoT) and Machine to Machine (M2M) technology and standards, first at
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`Friedhelm Rodermund Consulting and then as the Founder and Director of IOTECC GmbH.
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`As part of my consulting work, I have extensively used 3GPP resources and have remained
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`knowledgeable about 3GPP policies and procedures with regard to document management
`
`and public accessibility.
`
`14. At the time of writing this declaration, I am active – including attending
`
`meetings - in the following standards committees: ETSI oneM2M, ETSI IPR Special
`
`Committee, Open Mobile Alliance, and 3GPP.
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`III. OVERVIEW OF 3GPP AND THE STANDARD-SETTING PROCESS
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`IPR2019-00128
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`15.
`
`3GPP was created in 1998 by a number of SDOs, including ETSI. When
`
`3GPP was created, it focused on third-generation (“3G”) systems; since then, 3GPP has also
`
`worked on fourth-generation (“4G”) systems such as Long-Term Evolution (“LTE”) and
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`LTE-Advanced, and is currently focusing on fifth-generation (“5G”) systems. 3GPP also
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`continues to maintain standards relating to 2G, 3G and 4G systems.
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`16.
`
`The purpose of 3GPP is to produce technical proposals directed to standards-
`
`related issues through collaborative processes. In the context of 3GPP, such proposals are
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`consolidated in “technical specifications” and “technical reports.” 3GPP implements
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`procedures to facilitate the creation and consideration of technical specifications and
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`technical reports that SDOs may publish as regional or national telecommunications
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`standards. The ultimate goal of 3GPP, like other SDOs, is to encourage the adoption of
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`standards that facilitate interoperability between otherwise disparate devices and networks.
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`In the service of that goal, both interim and final 3GPP standards, as well as the technical
`
`reports, are generally available to the public without any compensation or membership
`
`requirement.
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`17.
`
`3GPP includes, among others, seven “Organizational Partners” (i.e., SDOs
`
`such as ETSI and The Alliance for Telecommunications Industry Solutions, USA
`
`(“ATIS”)),1 19 “Market Representation Partners” (i.e., organizations that can “offer market
`
`
`1
`See http://www.3gpp.org/about-3gpp/partners (identifying 3GPP Organizational
`Partners).
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`advice and bring a consensus view of market requirements”),2 607 “individual members”
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`(i.e., companies that work to develop wireless telecommunications technologies, including
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`Qualcomm, Apple, and Intel entities) from dozens of countries and numerous industry
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`sectors, including members from the United States (other than the aforementioned
`
`Qualcomm and Apple entities), as well as other U.S. SDOs with U.S. members.3 3GPP
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`materials are also generally freely and publicly available to outside observers (whether
`
`formal “Observers” in the sense of interim members, or informal observers in the sense of
`
`interested members of the general public).
`
`18. Members of 3GPP participate in various “working groups,” which develop,
`
`evaluate, and recommend technological solutions to telecommunications standards issues.
`
`“Plenary” sessions consider whether to include working group proposals into standards
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`specifications. In particular, 3GPP is divided into three “plenaries” known as Technical
`
`Specification Groups (“TSG”): (1) Core Network and Terminal (“TSG CT”); (2) Radio
`
`Access Network (“TSG RAN”); and (3) Service and System Aspects (“TSG SA”). Each
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`TSG includes several working groups, as shown below:
`
`
`2
`See
`https://webapp.etsi.org/3gppmembership/Results.asp?SortMember=Name&DirMember=ASC&S
`ortPartner=Name&DirPartner=ASC&Market=on&SortMarket=Name&DirMarket=ASC&SortO
`bserver=Name&DirObserver=ASC&SortGuest=Name&DirGuest=ASC&Name=&search=Searc
`h (identifying Market Representation Partners).
`3
`See http://www.3gpp.org/about-3gpp/membership (describing participant types); see
`https://webapp.etsi.org/3gppmembership/Results.asp?Member=ARIB&Member=ATIS&Membe
`r=CCSA&Member=ETSI&Member=TSDSI&Member=TTA&Member=TTC&Member=ALL_P
`ARTNERS&SortMember=Name&DirMember=ASC&SortPartner=Name&DirPartner=ASC&So
`rtMarket=Name&DirMarket=ASC&SortObserver=Name&DirObserver=ASC&SortGuest=Nam
`e&DirGuest=ASC&Name=&search=Search (listing individual members).
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`(Specifications Groups, http://www.3gpp.org/specifications-groups.) Individual working
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`groups are often referred to using shorthand such as “RAN1” (i.e., RAN WG1) or “SA2”
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`(i.e., SA WG2). In addition, individual working groups sometimes form ad hoc groups
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`directed to specific issues.
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`19.
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`Each TSG is responsible for the scope and structure of the specifications it
`
`defines as well as the identification and creation of working groups to contribute to a given
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`specification. The working groups (and, when used, ad hoc groups) are then responsible for
`
`the creation of the details of the specifications. In particular, working group participants
`
`propose to include or change certain technology in the specification as a means of addressing
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`specific needs or problems.4 A proposal to change a previously approved specification is
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`known as a “change request” (“CR”).
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`20. Working group participants hold periodic in-person meetings at various
`
`locations, typically several times per year. Working group participants also discuss technical
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`proposals via “email reflectors,” which are also sometimes referred to as “email exploder
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`lists.” Reflectors are essentially email distribution lists that include the regular attendees of a
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`given working group, and therefore provide insight into which working group participants
`
`contributed to a given discussion, especially between in-person working group meetings.
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`Reflectors are typically publicly available and are therefore freely accessible not only to
`
`3GPP members and participants, but also to outside observers.
`
`IV.
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`PUBLIC AVAILABILITY OF 3GPP DOCUMENTS
`
`21.
`
`In addition to being one of the 3GPP founding partners, ETSI hosts the Mobile
`
`Competence Center (MCC), which provides administrative and technical support to the day-
`
`to-day work of 3GPP. Furthermore, ETSI manages 3GPP’s information technology services
`
`such as the 3GPP website, FTP server and email exploders.
`
`22.
`
`In the ordinary course of its regularly conducted business activities, and
`
`pursuant to its standard business practices, 3GPP publishes 3GPP’s technical specifications,
`
`proposals, reports, and other documents related to the development of cellular
`
`telecommunications standards. Such documents are published for the purposes of discussion
`
`
`4 See 3GPP FAQs (“3GPP FAQs”), http://www.3gpp.org/news-events/54-news-events/news-
`events-others/1615-3gpp-faqs (“Any bona fide representative of any 3GPP Individual
`Member . . . can present a technical contribution . . . .”)
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`and establishment of industry standards for cellular telecommunications. 3GPP has operated
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`in this way since 1998.
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`23.
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`In the ordinary course of 3GPP’s regularly conducted business activities, and
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`pursuant to its standard business practices, all draft technical specifications, proposals,
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`reports, and other temporary documents to be discussed or considered in relation to 3GPP’s
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`telecommunications standards activities are assigned a temporary document number,
`
`circulated during the working group process, and otherwise made publicly available. Such
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`documents are referred to as “Tdocs.” Because there are often multiple ways of solving a
`
`given problem, multiple participants may make different proposals relating to the same or
`
`related technical issues. Because working group participants generally seek to achieve
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`consensus on a given issue, discussion, debate, and revision of technical proposals may
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`continue over many months. Final versions of the technical specifications are also publicly
`
`available. 3GPP has operated in this way from 1998 to the present.
`
`24.
`
`In the ordinary course of 3GPP’s regularly conducted business activities, and
`
`pursuant to its standard business practices, since at least as early as December 1998, 3GPP
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`has published all its T-docs and all final versions of its technical specifications on its ftp
`
`server, ftp://www.3gpp.org. At least as early as December 1998, 3GPP’s FTP server was
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`publicly accessible to the public with no login, password, or membership requirement.
`
`3GPP’s FTP server has remained publicly accessible from 1998 to the present.
`
`25.
`
`By 1999, at least 100 companies were members of 3GPP, ranging from
`
`Samsung to Sony to Nokia to Bosch and generally including those interested in the
`
`discussion, creation, and adoption of cellular telecommunications standards. 3GPP
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`participants also included members from the United States, for example AT&T, Alcatel,
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`Bellsouth Cellular, GSM North America, IBM, Intel, Lucent Technologies, Motorola,
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`Omnipoint Cooperation, Pacific Bell Wireless, and Qualcomm Incorporated. Each of these
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`companies typically delegated multiple individuals to regularly participate in 3GPP
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`meetings. Further, pursuant to 3GPP’s standard business practices, 3GPP working groups
`
`have had a practice of sending emails notifying these individuals as soon as new or
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`additional documents had been uploaded to 3GPP’s FTP server. Thus, not only did the
`
`general public have access to the documents on the FTP server, but some of the most
`
`interested members of the public—those working to develop standards for cellular
`
`telecommunication—have been directly and personally informed of their availability by
`
`email.
`
`26.
`
`By June 1999, 3GPP’s FTP server was well known to persons in the cellular
`
`telecommunications industry as a source of public information regarding industry standards
`
`and technological advances.
`
`27.
`
`It has been 3GPP’s standard business practice to list on the face of each Tdoc
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`the date, location, and meeting number of the meeting where the document is to be discussed
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`(in addition to its temporary document number). This information is usually recorded on the
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`first page of the document by one of the document’s authors or editors at or near the time the
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`document is created or presented to 3GPP.
`
`28.
`
`In the ordinary course of 3GPP’s regularly conducted business activities, and
`
`pursuant to its standard business practices, Tdocs are uploaded to 3GPP’s FTP server and
`
`website before the meeting where they are to be discussed. The only exception is for
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`documents created during the course of a meeting, in which case the document is uploaded
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`during the meeting, or, the week following the meeting (e.g., the meeting report of the
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`meeting is ordinarily published for review during the week following the meeting). Before
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`2002, internet access during 3GPP meetings was not common, thus, documents produced
`
`during the meetings were ordinarily uploaded the week after the meetings by the working
`
`group’s secretary. In the ordinary course of 3GPP’s regularly conducted business activities,
`
`and pursuant to its standard business practices, versions of technical reports and standard
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`specifications are also published on 3GPP’s FTP server.
`
`29.
`
`The timestamp on 3GPP’s FTP server shows the date when the document was
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`uploaded the last time. Thus, the timestamp shows the latest possible date the document
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`became publicly available and accessible on 3GPP’s FTP server. A document with a given
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`timestamp might have been available earlier and the original timestamp might have been
`
`overwritten because the document was uploaded again. According to my experience, this is
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`something that happened quite frequently. Thus, the FTP timestamp is reliable as the latest
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`possible upload date, but one cannot always determine whether it represents the first upload
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`of a document to the ftp server.
`
`30.
`
`3GPP’s working practice to store its documents on its FTP server, as described
`
`above, has not changed over time. Since the first 3GPP meetings in 1998, all working
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`groups and plenary meetings have been represented by dedicated meeting folders on the FTP
`
`server. These publicly-accessible meeting folders include the documents discussed at the
`
`meetings. Almost every week a new meeting folder with the respective documents is added.
`
`In addition to the plenary and working group meeting folders, and some other folders, there
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`is also the “Specs” folder, which holds all 3GPP specifications. Since the early days of
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`3GPP, a new folder has been added inside the “Specs” folder after each TSG plenary meeting
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`to hold the latest versions of specifications approved at those TSG plenary meetings. This is
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`still 3GPP’s working practice today.
`
`31. A person seeking information regarding telecommunications standards would
`
`find that such information is readily available through 3GPP. This is so because 3GPP’s
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`purpose is to facilitate the creation of specifications for telecommunications standards that
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`are implemented and used by countless hardware and software developers and network
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`operators throughout the world, and that are designed to maximize interoperability across
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`borders and between devices.
`
`32.
`
`Consistent with 3GPP’s open, collaborative approach, many types of 3GPP
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`documents and communications are available on its public website (http://www.3gpp.org).
`
`Publicly available 3GPP TSG and working group materials include all versions of standards
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`specifications as well as working group proposals, participant lists, reports of working group
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`discussions and meetings, draft technical reports and technical specifications, CRs, and
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`reflector communications. These materials are all clearly identified and dated, and organized
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`by working group, and public availability is specifically encouraged. (See, e.g., 3GPP FAQs
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`(“TDoc numbers start to be allocated [to TDocs] some weeks before a 3GPP meeting, and
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`the authors then create them and they or the group’s secretary uploads them to the public file
`
`server as soon as possible.”) (emphasis added).)
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`PUBLIC AVAILABILITY OF TR 36.912 V9.1.0
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`V.
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`33.
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`I have been asked to specifically consider the following document: 3GPP TR
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`36.912 v9.1.0 (2009-12), “3rd Generation Partnership Project; Technical Specification Group
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`Radio Access Network; Feasibility Study for Further Advancements for E-UTRA (LTE-
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`Advanced) (Release 9)” (“TR 36.912 v9.1.0”).
`
`34.
`
`3GPP TR 36.912 v9.1.0 is a document of the type Technical Report (TR)
`
`versus a Technical Specification (TS). As a Technical Report, the 3GPP TR 36.912 v9.1.0
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`document provides technical input and explanatory material to be used for the work on the
`
`actual Technical Specifications. The resulting TSs describe the normative technical
`
`requirements for a 3GPP standard compliant implementation.
`
`35.
`
`I recognize Exhibit 1304 of the ’356 patent petition for inter partes review as a
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`true and correct copy of TR 36.912 v9.1.0.
`
`36.
`
`TR 36.912 v9.1.0 bears several indicators that it is a document developed by
`
`3GPP members in the course of their standardization work:
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` Title information such as “Feasibility study for Further Advancements for E-UTRA
`
`(LTE-Advanced)” and “TR 36.912” is consistent with 3GPP’s specification series index:
`
`(http://www.3gpp.org/DynaReport/36-series.htm.)
`
` The cover page of TR 36.912 v9.1.0 bears the 3GPP logo.
`
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`(http://www.3gpp.org/.)
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` The cover page of TR 36.912 v9.1.0 states that it “has been developed within the 3rd
`
`Generation Partnership Project (3GPP™).”
`
`37. According to 3GPP’s public FTP server directory for the 36.912 series
`
`(http://www.3gpp.org/ftp/Specs/archive/36_series/36.912/), which is not password-protected
`
`and does not require user login of any sort, TR 36.912 v9.1.0 is dated December 14, 2009.
`
`(http://www.3gpp.org/ftp/Specs/archive/36_series/36.912/.)
`
`
`
`38.
`
`I have clicked on the link shown above as “36912-910.zip”. I was not
`
`prompted for a password. The zip file I downloaded—which was also not password-
`
`protected—included several documents, including TR 36.912 v9.1.0. The file information
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`for TR 36.912 v9.1.0 indicates that the file was created on December 11, 2009 and confirms
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`that this specific document within the zip file is not password-protected:
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`
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`39.
`
`Consistent with my personal experience with FTP file access generally and
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`FTP file access via 3gpp.org specifically, as well as my experience serving as a working
`
`group secretary and custodian of records at ETSI, the directory information shown above
`
`demonstrates that TR 36.912 v9.1.0 was uploaded at 12:23pm on December 14, 2009, at the
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`latest. And because access to the directory is not restricted, this same directory information
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`also demonstrates that TR 36.912 v9.1.0 was available not only to working group
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`participants and other 3GPP members, but also to the public, without any request to or
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`approval by 3GPP, as of December 14, 2009, at the latest.
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`40.
`
`Confirming that understanding, 3GPP’s public portal webpage for the 36.912
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`technical report provides an additional link by which TR 36.912 v9.1.0 is publicly
`
`downloadable (again, without password protection of either the website, the link, or the file),
`
`and indicates that TR 36.912 v9.1.0 was addressed at meeting RAN#46:
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`(https://portal.3gpp.org/desktopmodules/Specifications/SpecificationDetails.aspx?specificati
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`
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`onId=2584.)
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`41.
`
`TR 36.912 v9.1.0 also indicates in a summary of the “Change history” of the
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`document, at page 58, that version 9.1.0 of TR 36.912 was addressed at the RAN#46 meeting
`
`dated December 1, 2009:
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`Declaration of Friedhelm Rodermund
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`The 3GPP public portal webpage for the RAN#46 meeting indicates that the
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`IPR2019-00128
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`42.
`
`meeting was held from December 1-4 in Sanya, China, 2009, and included 176 participants:
`
`
`
`(https://portal.3gpp.org/webapp/meetingCalendar/MeetingDetails.asp?m_id=26391.) These
`
`participants included attendees from a range of companies and organizations across multiple
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`countries, including companies from the United States such as: AT&T, Motorola,
`
`Qualcomm, Sprint, T-Mobile USA Inc., TruePosition Inc., and Verizon Wireless.
`
`43.
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`In addition, TR 36.912 v9.1.0 can be found in the ETSI “Work Programme.”
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`The ETSI Work Programme provides an overview about ETSI’s standardization projects
`
`including information about the timing, resourcing and about the actual deliverables. The
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`ETSI Work Programme webpages for TR 36.912 v9.1.0 state that TR 36.912 v9.1.0 was
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`- 17 -
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`Declaration of Friedhelm Rodermund
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`
`created December 14, 2009, and that “publication” was “achieved” January 29, 2010. This
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`IPR2019-00128
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`date refers to the publication of TR 136 912 which is the number ETSI has assigned to 3GPP
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`TR 36.912 during the adoption process, i.e., the transposition into an ETSI document:
`
`(https://portal.etsi.org/webapp/workProgram/Report_WorkItem.asp?wki_id=33142.)
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`- 18 -
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`Declaration of Friedhelm Rodermund
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`
`(https://portal.etsi.org/webapp/workProgram/Report_Schedule.asp?WKI_ID=33142.)
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`IPR2019-00128
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`44.
`
`Based on my review of these 3GPP and ETSI materials and sources, and the
`
`fundamental interest of 3GPP and ETSI in public dissemination of potential and adopted
`
`standards as well as underlying technical proposals, I conclude that TR 36.912 v9.1.0 was
`
`freely and publicly available and catalogued on at least the 3GPP website (for example, via
`
`the specification page and FTP site discussed above) no later than December 14, 2009.
`
`Moreover, a person working on the development of technology for cellular communications,
`
`such as transceiver technology, would have looked to 3GPP materials such as TR 36.912
`
`v9.1.0 for teachings in the field, would have known where to find and how to access these
`
`materials, and would have been able to do so without membership in 3GPP or ETSI,
`
`compensation to 3GPP or ETSI, or approval by 3GPP or ETSI.
`
`45.
`
`Further confirming my conclusion, I note that the specification of United
`
`States Patent Application Publication No. US 2013/0034066 A1, which was filed February 9,
`
`2011, cites TR 36.912 v9.1.0 and refers to its date as December 2009. (See Appendix B at 1
`
`¶ 5.) Moreover, I note that the publicly available prosecution history of United States Patent
`
`Application Serial No. 12/753,257, filed on April 2, 2010, included an Information
`
`Disclosure Citation Form For Patent Application (FORM PTO-1449), bearing a Receipt date
`
`of April 2, 2010, that disclosed TR 36.912 V9.1.0 and also refers to its date as December
`
`2009. (See Appendix C at 1).
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`Declaration of Friedhelm Rodermund
`
`
`SUPPLEMENTATION OF CONCLUSIONS
`
`VI.
`
`IPR2019-00128
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`46.
`
`I reserve the right to supplement my conclusions in the future to respond to
`
`any arguments that the Patent Owner raises and to take into account new information as it
`
`becomes available to me. I may supplement or amend my conclusions, and bases for them,
`
`in response to any opinions offered by the Patent Owner’s experts. I may also supplement or
`
`amend my conclusions, and bases for them, in light of additional evidence, testimony,
`
`discovery, arguments on the part of the Patent Owner, or additional information I may
`
`become aware of after the date of this declaration. I may also prepare appendices,
`
`demonstrative appendices, summaries, tutorials, demonstrations, charts, drawings, tables, or
`
`animations to supplement or demonstrate my conclusions as appropriate.
`
`VII. SIGNATURE
`
`47.
`
`I declare that all statements made herein of my own knowledge are to the best
`
`of my knowledge 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.
`
`48.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`Friedhelm Rodermund
`
`/Friedhelm Rodermund/
`
`
`
`Dated: November 7, 2018
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`- 20 -
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`

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`(cid:36)(cid:83)(cid:83)(cid:72)(cid:81)(cid:71)(cid:76)(cid:91)(cid:3)(cid:36)(cid:3)
`Appendix A
`
`(cid:76)
`
`

`

`(cid:20)(cid:36)(cid:33)(cid:33)(cid:26)(cid:20)(cid:36)(cid:28)(cid:36)(cid:29)(cid:1)(cid:37)(cid:26)(cid:35)(cid:18)(cid:22)(cid:1)
`
`CURRICULUM VITAE
`
`(cid:26)(cid:7)
`I.
`
`(cid:32)(cid:22)(cid:33)(cid:34)(cid:31)(cid:30)(cid:18)(cid:28)(cid:1)(cid:21)(cid:18)(cid:35)(cid:18)
`PERSONAL DATA
`
`Name:
`(cid:35)(cid:45)(cid:57)(cid:49)(cid:20)(cid:1)
`
`Friedhelm RODERMUND
`(cid:23)(cid:54)(cid:47)(cid:43)(cid:42)(cid:46)(cid:43)(cid:49)(cid:50)(cid:1)(cid:33)(cid:31)(cid:21)(cid:22)(cid:33)(cid:29)(cid:36)(cid:30)(cid:21)(cid:1)
`
`(cid:34)(cid:45)(cid:53)(cid:56)(cid:53)(cid:58)(cid:51)(cid:1)(cid:45)(cid:48)(cid:48)(cid:62)(cid:49)(cid:63)(cid:63)(cid:20)(cid:1)
`Mailing address:
`
`Phone:
`(cid:37)(cid:52)(cid:59)(cid:58)(cid:49)(cid:20)(cid:1)
`
`(cid:26)(cid:57)(cid:45)(cid:53)(cid:56)(cid:20)(cid:1)
`Email:
`
`(cid:22)(cid:57)(cid:1)(cid:40)(cid:64)(cid:49)(cid:53)(cid:58)(cid:49)(cid:62)(cid:1)(cid:28)(cid:62)(cid:45)(cid:46)(cid:49)(cid:58)(cid:1)(cid:11)(cid:18)(cid:1)
`Am Steiner Graben 18
`(cid:15)(cid:16)(cid:10)(cid:17)(cid:17)(cid:1)(cid:32)(cid:59)(cid:46)(cid:56)(cid:49)(cid:58)(cid:70)(cid:6)(cid:1)(cid:28)(cid:49)(cid:62)(cid:57)(cid:45)(cid:58)(cid:69)(cid:1)
`56077 Koblenz, Germany
`
`+49 172 2606489
`(cid:5)(cid:14)(cid:19)(cid:1)(cid:11)(cid:17)(cid:12)(cid:1)(cid:12)(cid:16)(cid:10)(cid:16)(cid:14)(cid:18)(cid:19)
`
`(cid:50)(cid:62)(cid:53)(cid:49)(cid:48)(cid:52)(cid:49)(cid:56)(cid:57)(cid:8)(cid:62)(cid:59)(cid:48)(cid:49)(cid:62)(cid:57)(cid:65)(cid:58)(cid:48)(cid:21)(cid:53)(cid:59)(cid:64)(cid:49)(cid:47)(cid:47)(cid:8)(cid:47)(cid:59)(cid:57)(cid:1)
`friedhelm.rodermund@iotecc.com
`
`(cid:26)(cid:26)(cid:7) (cid:32)(cid:33)(cid:31)(cid:23)(cid:22)(cid:34)(cid:34)(cid:26)(cid:31)(cid:30)(cid:18)(cid:28)(cid:1)(cid:22)(cid:38)(cid:32)(cid:22)(cid:33)(cid:26)(cid:22)(cid:30)(cid:20)(cid:22)
`II.
`PROFESSIONAL EXPERIENCE
`
`(cid:34)(cid:57)(cid:50)(cid:50)(cid:39)(cid:54)(cid:60)(cid:1)
`Summary
`
`(cid:40)(cid:49)(cid:58)(cid:53)(cid:59)(cid:62)(cid:1)(cid:49)(cid:68)(cid:60)(cid:49)(cid:62)(cid:64)(cid:1)(cid:53)(cid:58)(cid:1)(cid:64)(cid:49)(cid:56)(cid:49)(cid:47)(cid:59)(cid:57)(cid:57)(cid:65)(cid:58)(cid:53)(cid:47)(cid:45)(cid:64)(cid:53)(cid:59)(cid:58)(cid:63)(cid:1)(cid:45)(cid:58)(cid:48)(cid:1)(cid:30)(cid:58)(cid:64)(cid:49)(cid:62)(cid:58)(cid:49)(cid:64)(cid:1)(cid:59)(cid:50)(cid:1)(cid:41)(cid:52)