UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`
`U.S. Patent No.: 7,016,676
`
`Issued: March 21, 2006
`
`Application No.: 10/089,959
`
`Filed: August 8, 2001
`
`Title: METHOD, NETWORK AND CONTROL STATION FOR THE
`TWO-WAY ALTERNATE CONTROL OF RADIO SYSTEMS OF
`DIFFERENT STANDARDS IN THE SAME FREQUENCY BAND
`
`_________________
`
`DECLARATION OF ADRIAN STEPHENS
`
`Page i
`
`

`

`TABLE OF APPENDICES
`
`Page
`
`Appendix A .......................................................................................................... 22
`
`Appendix B .......................................................................................................... 29
`
`Appendix C .......................................................................................................... 34
`
`Appendix D .......................................................................................................... 40
`
`Appendix E .......................................................................................................... 51
`
`Appendix F ........................................................................................................... 53
`
`Appendix G .......................................................................................................... 55
`
`Appendix H .......................................................................................................... 70
`
`Appendix I ............................................................................................................ 79
`
`Appendix J ........................................................................................................... 84
`
`Appendix K .......................................................................................................... 88
`
`Appendix L .......................................................................................................... 95
`
`Appendix M ......................................................................................................... 97
`
`Appendix N .......................................................................................................... 500
`
`Appendix O .......................................................................................................... 971
`
`Appendix P ........................................................................................................... 975
`
`Appendix Q .......................................................................................................... 978
`
`Appendix R .......................................................................................................... 980
`
`Page 1 of 21
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`
`I, Adrian Stephens, do hereby declare as follows:
`
`I.
`
`INTRODUCTION AND ENGAGEMENT
`
`1.
`
`References to “I” and “me” herein are references to Adrian
`
`Stephens.
`
`2.
`
`I have been retained as an independent expert on behalf of
`
`Microsoft Corporation in connection with the above-captioned Petition for Inter
`
`Partes Review (“IPR”) to provide my analyses and opinions on certain technical
`
`issues related to U.S. Patent No. 7,016,676.
`
`3.
`
`I am being compensated at my usual and customary rate for the
`
`time I spent in connection with this IPR. My compensation is not affected by
`
`the outcome of this IPR.
`
`4.
`
`Specifically, I have been asked to provide my opinions regarding
`
`the availability date of Shared Wireless Access Protocol (Cordless Access)
`
`Specification SWAP-CA, Revision 1.3 draft 20000229, dated February 29,
`
`2000 by The HomeRF™ Technical Committee.
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`5.
`
`6.
`
`A copy of my CV is attached hereto as Appendix A.
`
`I was awarded in 1981 the degree of Ph.D., Physics Department,
`
`University of Cambridge, UK.
`
`7.
`
`I was awarded in 1977 the degree of B.A. (1st class honours), in
`
`Natural Sciences, University of Cambridge, UK.
`
`Page 2 of 21
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`
`
`8.
`
`From 1980 to 1994 I had a number of jobs related to real-time
`
`software development.
`
`9.
`
`In 1994 I joint a consultancy, called Symbionics, in Cambridge
`
`UK. The consultancy specialized in designing hardware and software for
`
`communications systems. Their primary product was hardware and software
`
`implementation intellectual property for DECT (“Digital European Cordless
`
`Telephony”) that was delivered to multiple manufacturers in the form of chip
`
`designs and accompanying firmware. I was recruited initially to write the
`
`software an IEEE 802.11 implementation; 802.11 was then a draft standard. I
`
`stayed with the company as it was bought out by Cadence being named Tality,
`
`then Cadence Design Services. I left in 2000 as the then head of software
`
`technology in the Wireless and Multimedia design services group.
`
`10. From 2000 to 2002, I worked as a business development director
`
`for Mobilian, which was a start-up attempting to create a 2-chip solution for co-
`
`located Bluetooth and IEEE 802.11 operation. I also started attended IEEE 802
`
`meetings from 2000, representing Mobilian in 802.11e (Quality of Service) and
`
`802.15.2 (Coexistence). During this time, I attended the Bluetooth SIG
`
`coexistence working group and acted as their editor.
`
`11. From Sept 2002 until Sept 2016 I was full time employed by Intel
`
`Corporation. From Sept 2016 to March 2018 I worked as a contractor to Intel
`
`Corporation. During this time, I attended all but three IEEE 802.11 meetings. I
`
`Page 3 of 21
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`
`
`“rose up the ranks” in 802.11 being technical editor of 802.11n (2005-2009),
`
`technical editor of two 802.11 standard revisions published in 2012 and 2016,
`
`Vice chair of 802.11 from 2008-2014, and Chair from 2014-2018. During some
`
`of this period, I also attended the IEEE Standards Association serving on its
`
`standards board and on various committees of the standards board.
`
`12. Since March 2018, as principal of Adrian Stephens Consulting, I
`
`have consulted on IEEE 802.11/WiFi standards.
`
`13. My experience with standards started in 1994 with Symbionics. In
`
`that role, I contributed to projects to provide implementation IP for IEEE
`
`802.11, HiperLan, HiperLan/2, Bluetooth, DECT, and a customized
`
`communications protocol for NEC. My main role involved reading and
`
`implementing a communications standard or specification. I also contributed
`
`technically to IEEE 802.11 during this period, although I did not attend their
`
`meetings. I contributed significantly to the HomeRF SWAP specification.
`
`14. From 2000-2018, I attended IEEE 802.11 meetings, and IEEE
`
`Standards Association Standards board meetings. I “rose up the ranks” from
`
`technical contributor through editor to chair. During this period I continued to
`
`make technical contributions to IEEE 802.11 in my main area of expertise, the
`
`MAC (“Medium Access Controller”).
`
`15.
`
`In April 2019, I received the IEEE Computer Society Hans
`
`Karlsson Award: “…annually given to the most outstanding team leader in the
`
`Page 4 of 21
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`
`
`field of computer engineering standards, and recognizes outstanding skills and
`
`dedication in diplomacy, team facilitation and joint achievement…” See
`
`Appendix B, a pdf of https://www.computer.org/press-room/2019-news/2019-
`
`ieee-computer-society-hans-karlsson-award-stephens, retrieved on May 14,
`
`2019.
`
`16.
`
`In December 2012, I received an IEEE Standards Medallion, which
`
`was for my technical contributions to the 802.11 standard, and for acting as the
`
`editor for 802.11n and 802.11-2012. See Appendix C, a pdf of
`
`https://standards.ieee.org/about/awards/med/index.html, retrieved on May 15,
`
`2019.
`
`III. HOMERF BACKGROUND
`
`17. The HomeRF working group (which I also refer to as “HomeRF”
`
`in this declaration) was formed in or around 1997, and focused on developing
`
`“Connectivity, when and where it is needed” in the home. See Appendix D, a
`
`pdf of document “launch.ppt” retrieved from my personal business records,
`
`which is entitled “Home RF Presentation” for CT Expo, March 4, 1998.
`
`18. This connectivity includes “home and yard” range, simultaneous
`
`voice and data in a common radio channel, power consumption suitable for
`
`battery-operated devices and operation in an unlicensed radio band (2.4 GHz).
`
`Its work resulted in several presentations made by group members as well as the
`
`publication of numerous versions of the SWAP specification, which defines
`
`Page 5 of 21
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`
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`technology needed to implement a device that meets the HomeRF requirements.
`
`Such technology includes a physical layer, a medium access controller layer, a
`
`component to interface these layers to a data network stack, and a component to
`
`interface these layers to the DECT (“Digital European Cordless Telephony”)
`
`standard to support voice communication. Beginning in 1998, while employed
`
`by Symbionics, I became active in the HomeRF technical working group. I
`
`continued my work in that group up through the release of version 1.3 of the
`
`SWAP specification in early 2000.
`
`19.
`
`I believe HomeRF started by stating a set of requirements.
`
`HomeRF put those requirements out and made a call for contributions for
`
`appropriate technology. I would estimate this to have taken place in late 1997.
`
`HP was a member of HomeRF at the time because they had access to the
`
`requirements and approached Symbionics to work together on a demonstrator.
`
`20. Symbionics then had an FPGA (“Field Programmable Gate
`
`Array”) implementation of a frequency-hopping IEEE 802.11 system, for which
`
`I had written the software.
`
`21. Symbionics designed a simple protocol that combined IEEE
`
`802.11’s contention-based data services and time-based telephony services. This
`
`protocol periodically gave channel access priority to voice followed by
`
`contention-based channel access for data services, resulting in an alternation of
`
`voice and data transmissions.
`
`Page 6 of 21
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`22. The Symbionics prototype was modified by the addition of
`
`ADPCM (“Adaptive Delta-coding Pulse Code Modulation”) hardware codecs
`
`(coder/decoder) for voice. I modified the software to provide a periodic reserved
`
`period for voice. The prototype was able to demonstrate simultaneous high-
`
`quality voice and data communication between two prototypes, at least one of
`
`which was adjacent to an operational microwave oven, which was acting as a
`
`source of interference.
`
`23. Another response to the call for contributions was made by
`
`Ericsson. HomeRF chose to proceed with the HP/Symbionics proposal. The
`
`Ericsson technology eventually became a competitor to HomeRF and was later
`
`released to the market as Bluetooth.
`
`24. The HomeRF group retained Symbionics to provide editor and
`
`technical input. I provided most of the input from Symbionics. I started
`
`attending HomeRF meetings, and believe I attended every meeting until the
`
`publication of the SWAP 1.3 specification. Symbionics advertised this
`
`relationship stating: “The SWAP/CA specification provides low cost voice and
`
`data communications in the 2.4GHz ISM band. Symbionics contributed heavily
`
`to the development of SWAP/CA, commissioned by the group to act as
`
`specification editor in recognition of our contribution to its invention.” See
`
`Appendix E, a pdf of
`
`Page 7 of 21
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`
`
`https://web.archive.org/web/19990904035131/http://www.symbionics.co.uk/sol
`
`utions/WirelessNetworking/homerf.shtml, retrieved on May 15, 2019.
`
`25. HomeRF met periodically face-to-face to progress their work.
`
`There was a marketing team and a technical tiger team. I was a member of the
`
`technical tiger team, which was led by Dr James Lansford, then employed by
`
`Intel Corporation.
`
`26.
`
`Interested companies could discover HomeRF at its website
`
`HomeRF.org, or might attend a conference where the HomeRF goals were
`
`presented (see, for example, the above discussion of Appendix D, a presentation
`
`from my business records that is entitled “launch.ppt”, which cites CT Expo,
`
`March 4, 1998).
`
`27. A Google search of the terms “homerf 1999” finds about 36,000
`
`hits; a quick visual scan of these reveals multiple relevant internet documents in
`
`the 1999-2000 timescale that would have enabled interested companies to
`
`understand the goals of HomeRF.
`
`28. A Google search of “home wireless networking 1999” includes a
`
`hit on “HomeRF: wireless networking for the connected home”, published in
`
`IEEE Personal Communications in February 2000. See Appendix F, a pdf of
`
`https://ieeexplore.ieee.org/document/824568, retrieved on May 15, 2019. I was
`
`a co-author of this paper, which is attached to the above-captioned Petition as
`
`Exhibit 1006.
`
`Page 8 of 21
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`29. The HomeRF website, dated February 8, 1999 includes: “1/18 --
`
`The next HomeRF Participant's Meeting has been scheduled for February 10-
`
`11, 1999, in Orlando, FL. All HRFWG participants are invited to attend this
`
`members-only forum.” and: “Questions about HomeRF? Send email to
`
`Info@HomeRF.org.” Interested companies could send an email enquiry to this
`
`address. I attended HomeRF marketing committee meetings where applications
`
`for membership were discussed. I do not have a detailed recollection of these
`
`meetings, as they were incidental to my role as technical contributor and editor.
`
`I do recall, however, that there were two classes of membership; one (the
`
`“promoter”) was intended to reflect contribution to the development of the
`
`SWAP specification, and one (the “participant”) was intended to permit those
`
`wanting only to implement or with a general interest in the specification to
`
`access the specification. Although I do not recall the exact figures, I do recall
`
`that the fee to join as a participant was significantly lower than to join as a
`
`promoter.
`
`30. HomeRF members – both promoters and participants – could
`
`obtain copies of review versions of the SWAP specification before they were
`
`released to the public, as described herein.
`
`31. HomeRF produced its first complete specification with SWAP 1.3.
`
`I attended the CES show in Las Vegas that year to promote the specification.
`
`Page 9 of 21
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`32. As of May 2000, at least 88 companies had joined the HomeRF
`
`working group, and would have has access to, e.g., version 1.3 of the SWAP
`
`specification, SWAP 1.3 20000229.
`
`33.
`
`I remember the sense at the time that we had met the requirements
`
`and had no further work to do. Having completed the work, my involvement
`
`with the group decreased.
`
`34. Work on the SWAP spec continued after the February 29, 2000
`
`release of SWAP 1.3 20000229, but not with me as editor.
`
`35. After completion of the SWAP 1.3 20000229 specification I recall
`
`passing the editorial role to James Umstetter of Siemens. After the completion
`
`of that document, I did not participate in HomeRF beyond providing support to
`
`the new editor. I also left Symbionics (which had become Cadence Design
`
`Systems by then) in September 2000. Mr. Umstetter and I are both cited as
`
`editors in the “Contributors” list in HomeRF 2.0 dated April 18, 2001; but not in
`
`the “Contributors to HomeRF 2.0” list.
`
`36. According to the revision history in the SWAP 2.0 20010418
`
`specification, another version of SWAP 1.3 was released on June 6, 2000. The
`
`changes in this version are reported to be the incorporation of four errata files,
`
`as further described herein.
`
`37.
`
`In 1999, IEEE 802.11 released 802.11b. HomeRF SWAP 1.3 was
`
`competitive with the “original” IEEE 802.11, published in 1997. IEEE added
`
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`
`
`the 802.11b amendment, providing support of 11Mbps data rates, which was
`
`faster than the SWAP 1.3 data rate.
`
`38. After release of SWAP 1.3, work continued on the specification in
`
`order to add, in HomeRF SWAP 2.0, a High Rate data enhancement (using
`
`wideband frequency hopping), which I saw as an attempt to keep it competitive
`
`with IEEE 802.11. HomeRF SWAP 2.0 was released on April 18, 2001.
`
`39. By 2003, the HomeRF working group had been disbanded.
`
`40.
`
`I am aware of at least two companies working on implementations
`
`of the protocol developed by the HomeRF group.
`
`41. First, Proxim developed their own hardware (radio, ASIC
`
`(“application specific integrated circuit”) design) to support the SWAP
`
`specification and marketed their own HomeRF product as “Symphony”. For
`
`example, see the discussion in 2001 (Appendix G, a pdf of
`
`https://forums.anandtech.com/threads/proxim-homerf-usb-wireless-for-
`
`39.667124/, retrieved on May 15, 2019) and in 2002 (Appendix H, a pdf of
`
`https://www.cnet.com/reviews/proxim-symphony-homerf-base-station-review/,
`
`also retrieved on May 15, 2019).
`
`42. According to fccid.io, Proxim applied for an FCC ID for
`
`“Symphony-HRF Cordless 1PC Card” on February 22, 2000. See Appendix I, a
`
`pdf of https://fccid.io/IMK, retrieved on May 15, 2019.
`
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`43. Second, Intel developed its “AnyPoint” line of products to support
`
`SWAP. See Appendix J, a pdf of
`
`https://www.intel.com/pressroom/archive/releases/2000/nh040500.htm, dated
`
`April 5, 2000, retrieved on May 14, 2019.
`
`IV. HOMERF SWAP SPECIFICATION RECORDS
`KEPT IN THE ORDINARY COURSE OF BUSINESS
`
`44. During my employment at Symbionics, I was assigned to what was
`
`known internally as project “Noel”, which was to contribute to the development
`
`of a HomeRF Working Group specification.
`
`45. My role in this working group was to serve as a technical
`
`contributor and as editor of their specification document, called the SWAP
`
`(“Shared Wireless Access Protocol”) specification.
`
`46. As part of that role, it was my ordinary practice to keep working
`
`copies of documents throughout the editing process, as well as final versions of
`
`documents that were released for membership review.
`
`47.
`
`In the course of fulfilling this role, I routinely kept records of files I
`
`created or received. These include various versions of the SWAP specification,
`
`presentations and working documents. I retain at least some of these records to
`
`this day, and it is on the basis of those documents, the public record and my
`
`recollection as a participant that the statements in this report are made.
`
`48. The earliest document I wrote in this role was a Working Paper
`
`dated (in its header block) March 19, 1998, entitled “Technical Committee
`
`Page 12 of 21
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`
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`Document Workflow.” The “last modified” date of the file itself, named
`
`“working/w10144.doc,” which I maintained in the ordinary course of business,
`
`and which is attached hereto as Appendix K, agrees with that date.
`
`49. The latest document I wrote in this role was Shared Wireless
`
`Access Protocol (Cordless Access) Specification SWAP-CA, Revision 1.3 draft
`
`20000229 (“SWAP 1.3 20000229”), dated February 29, 2000. Based on my
`
`personal knowledge and my review of my business records, I recognize Exhibit
`
`1018 to the above-captioned Petition as the version of SWAP 1.3 20000229 that
`
`I maintained in the ordinary course of business in my role as editor.
`
`50. SWAP 1.3 20000229 is consistently dated February 29, 2000,
`
`including: 1) on the cover of the document itself, and in my business records:
`
`internally, in the document’s filename, and in the document’s “last modified”
`
`metadata.
`
`V. HOMERF WORKING SPECIFICATIONS, INCLUDING SWAP 1.3
`MADE AVAILABLE TO AT LEAST HOMERF MEMBERS
`
`51.
`
`I believe a strategy of the HomeRF group was to create as large as
`
`possible an ecosystem of products by encouraging product implementers to join
`
`the organization as participant members, so that a range of compliant products
`
`would be available. The HomeRF group started with a small number of chip and
`
`product vendors, but by the time that SWAP 1.3 was released, had grown to at
`
`least 88-member companies, as further detailed herein.
`
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`52. Among my business records, and attached hereto as Appendix L is
`
`a file that is dated on its face February 12, 1998, and is saved in my files as
`
`“email_list_feb98.doc.” This document lists the email addresses of the HomeRF
`
`participants as of that date (it did not include my email as my participation
`
`started shortly after). The homerf_tsc (which I interpret to mean the technical
`
`specification committee) email list contains emails related to the following
`
`companies:
`
` Compaq
`
` HP
`
` IBM
`
` Intel
`
` Microsoft
`
` Motorola
`
` Proxim
`
`53. The general list includes emails for 81 individuals, including
`
`individuals related to at least the following companies:
`
` Compaq
`
` HP
`
` IBM
`
` Intel
`
` Microsoft
`
`Page 14 of 21
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`
`
` Symbionics
`
` Ericsson
`
` Motorola
`
` Proxim
`
`54. The earliest capture of homerf.org from 5 Dec 1998 states: “11/30:
`
`SWAP Specification Version 0.95 now available to members by clicking here.”
`
`My working version of this document, which I maintained in the ordinary
`
`course of business in my role as editor, has an internal “last modified” date of
`
`November 19, 1998, which is consistent with the document having been
`
`completed shortly before this November 30 1998 release date. That document is
`
`attached hereto as Appendix M.
`
`55. The SWAP 1.3 specification version 20000104, which I
`
`maintained in the ordinary course of business, and which is attached hereto as
`
`Appendix N, contains, at pages xxv to xxvi of the original document, the
`
`following list of contributors:
`
`Adrian P Stephens
`
`Symbionics
`
`Editor
`
`Andy Jackson
`
`Siemens
`
`
`
`Arthur Coleman
`
`Proxim
`
`Chair of CSMA Working Group
`
`Bill McFarland
`
`Chris Romans
`
`HP
`
`HP
`
`Denis P Orlando
`
`Philips
`
`
`
`
`
`
`
`Page 15 of 21
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`
`
`Dennis Moeller
`
`Gary L Graunke
`
`IBM
`
`Intel
`
`Hilton Hong
`
`Proxim
`
`Holger Steinbach
`
`Siemens
`
`Ivan Lee
`
`Motorola
`
`Jack Poon
`
`Motorola
`
`James Gilb
`
`Motorola
`
`James Umstetter
`
`Siemens
`
`Jean Tourrilhes
`
`Jim Lansford
`
`Joanna Taylor
`
`HP
`
`Intel
`
`HP
`
`Joe Lorson
`
`Motorola
`
`John Waters
`
`HP
`
`Juan Grau
`
`Proxim
`
`Kevin Curry
`
`Motorola
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Chair of Technical Committee
`
`
`
`
`
`
`
`
`
`
`
`Kevin J Negus
`
`Proxim
`
`Chair of “Common Air Interface”
`
`Working Group
`
`Louis Gaiot
`
`HP
`
`Mark Cudak
`
`Motorola
`
`Mike Medina
`
`Compaq
`
`Mohan J Kumar
`
`Intel
`
`
`
`
`
`
`
`
`
`Page 16 of 21
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`
`
`Onno Harms
`
`Ericsson
`
`Paul Morris
`
`Symbionics
`
`
`
`
`
`Peter Murray
`
`Consultant
`
`Chair of CP and TDMA Working
`
`Groups
`
`Peter Yum
`
`Motorola
`
`Raj Gawera
`
`
`
`Richard Machin
`
`Microsoft
`
`Shigetsugu Matsumoto
`
`Intel
`
`
`
`
`
`
`
`
`
`Stephen Hui
`
`Microsoft
`
`Chair of OS Working Group
`
`Stephen Leach
`
`Symbionics
`
`Thomas Pfenning
`
`Microsoft
`
`Tim Phipps
`
`Symbionics
`
`Tim Osborne
`
`Microsoft
`
`
`
`
`
`
`
`
`
`56. The first HomeRF membership roster that I found archived online
`
`was captured by the Internet Archive on May 11, 2000. See Appendix O, a pdf
`
`of
`
`https://web.archive.org/web/20000511180616/http://www.homerf.org:80/memi
`
`nfo/roster.html, retrieved on May 15, 2019.
`
`57. This roster reports 88 member companies, including the companies
`
`I listed above (with the exception of Ericsson) and additional companies. Based
`
`on the standard practices of the group, employees at each of the member
`
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`
`
`companies would have had access to a specification posted on the HomeRF
`
`website that was available for member download at that time.
`
`58. As detailed above, SWAP 1.3 20000229 reports in its header a date
`
`of February 29, 2000. I have in my files maintained in the ordinary course of
`
`business a copy of this file, showing a corresponding metadata “last modified”
`
`date of February 29, 2000 15:34 (UTC+1 timezone).
`
`59. My practice as editor of this document was to insert the date of the
`
`release in the document name, and in the head of the document. Based on this
`
`practice, I believe that SWAP 1.3 20000229 was produced by me on the stated
`
`date.
`
`60. My practice as editor would have been to place this on an ftp server
`
`accessible to at least members of the technical committee. On this particular
`
`occasion, the availability of that version was keenly awaited, and I remember
`
`“turning the handle” to produce the specification during a meeting of the
`
`technical tiger team. According to our normal practice, the chair of the technical
`
`tiger team would then have notified the marketing team, who would have made
`
`the specification available to the remaining members.
`
`61. The homerf.org website captured by the Internet Archive on May
`
`10, 2000 includes the following entry: “03/05/2000 -- SWAP-CA Spec. v.1.3
`
`now available for membership review.” See Appendix P, a pdf of
`
`Page 18 of 21
`
`

`

`
`
`https://web.archive.org/web/20000510144912/http://www.homerf.org:80/,
`
`retrieved on May 15, 2019.
`
`62. Based on this entry, my own personal records and business
`
`practices, and the above-referenced practices of the HomeRF group during this
`
`period, I conclude that SWAP spec 1.3 20000229 was available to all HomeRF
`
`members on or around March 5, 2000, and in any event no later than May 10,
`
`2000.
`
`63. Additionally, as of the May 11, 2000 date of the membership roster
`
`discussed above, I conclude that SWAP spec 1.3 20000229 would have been
`
`available to employees of at least 88 HomeRF member companies.
`
`64. Certain versions of the SWAP specification were also made
`
`available for purchase by the general public.
`
`65. For example, the homerf.org/tech website, captured by the Internet
`
`Archive on October 9, 1999 states: “The HomeRF SWAP specification is now
`
`available for a fee of $US 500. You can request a copy by filling out the
`
`Request Form.” See Appendix Q, a pdf of
`
`https://web.archive.org/web/19991009201528/http://www.homerf.org/tech/,
`
`retrieved on May 14, 2019.
`
`66. The version of the SWAP spec that had been produced prior to that
`
`capture was SWAP v1.15, dated September 1999.
`
`Page 19 of 21
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`

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`
`
`67. A similar statement next appears in an Internet Archive capture of
`
`the homerf/org/tech website from August 17, 2000, which is dated after the
`
`completion of version 1.3 of the SWAP specification, as detailed herein. See
`
`Appendix R, a pdf of
`
`https://web.archive.org/web/20000817083739/http://www.homerf.org/tech/,
`
`retrieved on May 15, 2019.
`
`68. Thus, in addition to being available to HomeRF participants no
`
`later than May of 2000, as detailed above, SWAP 1.3 was available for purchase
`
`by members of the general public no later than August of 2000.
`
`VI. AVAILABILITY FOR CROSS-EXAMINATION
`
`69.
`
`In signing this declaration, I recognize that the declaration may be
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board
`
`of the United States Patent and Trademark Office. I also recognize that I may be
`
`subject to cross examination in the case and that cross examination will take
`
`place within the United States. If cross examination is required of me, I will
`
`cooperate to the best of my ability to appear for cross examination within the
`
`United States during the time allotted for cross examination.
`
`A. Right to Supplement
`
`70.
`
`I reserve the right to supplement my opinions 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.
`
`Page 20 of 21
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`

`

`
`
`B.
`
`Signature
`
`71.
`
`I, Adrian Stephens, do hereby declare and state, 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: _____________
`
`______________________
`Adrian Stephens
`
`Page 21 of 21
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`

`

`
`APPENDIX A
`
`APPENDIX A
`
`Page 22
`
`Page 22
`
`

`

`
`Adrian P Stephens
`
`
`Personnel In Confidence
`
`
`Page 1
`
`
`
`
`Name:
`
`CURRICULUM VITAE / RESUMÉ
`
`Adrian P Stephens
`
`Date of Birth:
`
`11 February 1956
`
`Nationality:
`
`British
`
`Home Address:
`
`64 Lamb’s Lane
`Cottenham
`Cambridge
`CB4 8TA
`UK
`
`Tel:
`
`Email:
`
`+44 1954 204610 (home)
`
`adrian.stephens@ntlworld.com
`
`EXECUTIVE SUMMARY
`
`Adrian has extensive experience of wireless technologies from a consulting,
`engineering and standards development perspective. He has experience of
`technical contribution to and leadership of IEEE 802.11.
`
`
`Adrian claims to be:
`
` A leader in the development of IEEE 802.11 / WiFi standards
` A technical expert in the processes used to develop 802.11/WiFi protocols
` A technical expert in the technical content of 802.11/WiFi protocols
` A known & respected name in the IEEE 802 community
` Experienced in the software design of protocol stacks and real-time software
`systems
` Able to stand up in client, standards and conference meetings and be
`technically pursuasive
` Able to express himself clearly
` Able to work in isolation or in teams
`
`
`
`
`
`
`
`Last Updated: Nov 2009
`
`Page 23
`
`

`

`
`
`Adrian P Stephens
`
`
`Personnel In Confidence
`
`Page 2
`
`IEEE 802.11/WiFi
`
`Adrian was the IEEE 802.11 working group chair for 4 years and vice-chair for 6
`years. He a member of the IEEE Standards Association Standards Board, Audit
`Committee (AudCom) and Review Committee (RevCom) for much of this period.
`
`He was technical editor of the IEEE 802.11n standard, and two revisions of the 802.11
`standard.
`
`At Intel, he was a Senior Principal Engineer in part of the Platform Engineering
`Group. His job focus was on developing IEEE 802.11 standards. He coordinated
`Intel's MAC proposal for IEEE 802.11n and chaired both the TGnSync and Joint
`Proposal teams that generated a proposal. He has been chair of various IEEE 802.11
`TGn committees and was technical editor of the IEEE 802.11n (High Throughput)
`amendment.
`
`He was managing chair of a group of companies that successfully proposed an initial
`draft for the IEEE 802.11ac (Very High Throughput, < 6 GHz) amendment.
`
`Adrian has authored or co-authored 99 US patents, all assigned to Intel Corporation,
`including at least two that are standards essential in IEEE 802.11n.
`
`
`
`
`
`
`
`Last Updated: Nov 2009
`
`Page 24
`
`

`

`
`Adrian P Stephens
`
`
`Personnel In Confidence
`
`
`Page 3
`
`EMPLOYMENT & RESPONSIBILITIES
`
`March 2018-
`date
`
`Self-employed consultant on IEEE 802.11/WiFi standards.
`Consulting relationships:
` For Intel in Hera Wireless vs Lenovo (Delaware 1:17-cv-
`1088-RGA)
` For Broadcom, Apple & Cyprus in Caltech vs Broadcom,
`Avago, Apple, Cyprus (California 2:16-cv-3714-
`GW(AGRx))
`
`Sept 2016-
`March 2018
`
`Sept 2002-2016
`
`Intel
`Corporation
`
`Senior Principal
`Engineer /
`Principal
`Engineer
`
`2000-2002
`
`Mobilian
`Corporation
`
`Senior Director
`for Business
`Development
`
`1999-2000
`
`Cadence
`Design Systems
`
`Retained by Intel Corporation in role as Chair of 802.11
`working group.
`
`Responsible for:
`Defining the MAC part of Intel’s IEEE 802.11n submissions.
`(Co-)Leading various multi-company groups (TGnSync, Joint
`Proposal) to bring submissions to 802.11n.
`Technical Editor of IEEE STD 802.11n-2009.
`Vice Chair of IEEE 802.11 (March 2008-2014).
`Chair of IEEE 802.11 (March 2014-2018)
`Technical Editor of IEEE STD 802.11REVmb (2009-2012)
`Technical Editor of IEEE STD 802.11REVmc (2012-2016)
`Consulted as Systems Architect for Intel’s 802.11ac standards
`contributions (2009-2013).
`Responsible for:
`
`Taking a leading and very visible role in the development of
`IEEE 802.11e (Quality-of-Service) and 802.15.2 (Coexistence)
`Task Groups and the Bluetooth Coexistence Working Group to
`achieve Mobilian’s long-term goals.
`Mobilian Next Generation Product Architecture definition and
`engineering team review.
`Current and Derivative Product Review.
`Customer Business Development and Liaison in Europe.
`(Cadence Design Systems acquired Symbionics Ltd in 1999)
`Responsible for:
`Being a technical expert in pre-sales client meetings.
`Championing technology targets for internal investment.
`
`
`
`
`
`Last Updated: Nov 2009
`
`Page 25
`
`

`

`
`
`Adrian P Stephens
`
`
`Personnel In Confidence
`
`Page 4
`
`Tality
`
`Software Head of
`Technology for
`the Wireless and
`Multimedia
`Design Services
`Group
`
`1994-1999
`
`Symbionics Ltd
`
`Cadence
`Design Systems
`
`Consulting
`Software
`Engineer
`
`1992-1994
`
`EO Computer
`Ltd
`
`Senior Software
`Engineer
`
`1988-1992
`Cambridge
`Medical
`Equipments Ltd
`Principal
`Software
`Engineer
`1985-1988
`
`Philips
`Scientific
`
`Group Software
`Engineer
`
`Protocol Expertise in 802.11, Hiperlan/2, Bluetooth, HomeRF
`(and wireless networking protocols generally).
`Systems Architecture.
`Technical contribution to and review of consultancy projects