UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`OPTIS WIRELESS TECHNOLOGY, LLC
`Patent Owner.
`
`
`
`___________________
`
`Case IPR2020-00466
`Patent No. 8,411,557
`___________________
`
`DECLARATION OF PROFESSOR VIJAY MADISETTI IN SUPPORT OF
`PATENT OWNER'S PRELIMINARY RESPONSE
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`10845143
`
`Optis Wireless Ex 2001-p. 1
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`Case IPR2020-00466
`Patent No. 8,411,557
`
`TABLE OF CONTENTS
`
`Introduction ................................................................................................... 3
`I.
`Harris' Initial Access Signal And Spreading Channel Code ...................... 14
`II.
`Tan's Sequence............................................................................................ 17
`III.
`Sutivong ...................................................................................................... 20
`IV.
`Purported Reason to Combine Harris And Tan .......................................... 22
`V.
`Purported Reason to Combine Sutivong And Tan ..................................... 25
`VI.
`VII. Summary Chart for Claim 1 ....................................................................... 26
`
`10845143
`
`- 2 -
`
`Optis Wireless Ex 2001-p. 2
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`I.
`
`Introduction
`
`1. My name is Dr. Vijay K. Madisetti. I am a Professor of Electrical and
`
`Computer Engineering at Georgia Tech, in Atlanta, GA. In particular, I have been
`
`asked to provide very targeted explanations regarding U.S. Pat. No. 8,411,557
`
`("the '557 patent") and the prior art references asserted against it, in support of the
`
`Patent Owner's Preliminary Response. If I do not specifically respond to a
`
`statement or topic in the Petition or the declarations, that does not mean I agree
`
`with it, only that because of the procedural posture at this stage of the IPR
`
`proceeding, I have not been asked to comment on them.
`
`2. My qualifications can be found in my Curriculum Vitae, which
`
`includes a complete list of my publications, and is attached as Exhibit A. Some of
`
`my background and experience that qualifies me to offer the opinions offered in
`
`this declaration set forth as an expert in the technical issues in this case are as
`
`follows.
`
`3.
`
`I received my Bachelor of Technology (Honors) in Electronics and
`
`Electrical Communication Engineering at the Indian Institute of Technology (IIT)
`
`in Kharagpur, India, in 1984. I obtained my Ph.D. in Electrical Engineering and
`
`Computer Science at the University of California, Berkeley, in 1989. I received the
`
`Demetri Angelakos Outstanding Graduate Student Award from the University of
`
`10845143
`
`
`- 3 -
`
`Optis Wireless Ex 2001-p. 3
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`California, Berkeley, and the IEEE/ACM Ira M. Kay Memorial Paper Prize in
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`1989.
`
`4.
`
`I now am a tenured Professor in Electrical and Computer Engineering
`
`at Georgia Tech and currently serve as its representative to ETSI/3GPP. I am
`
`knowledgeable and familiar with wireless communications, microprocessor
`
`architecture, hardware, RF, cellular networks, ASIC design, computer engineering,
`
`embedded systems, digital signal processing, and associated software and firmware
`
`design for wireless and telecommunications terminals and base stations in general
`
`and ETSI/3GPP/3GPP2 standards based cellular architecture and infrastructure in
`
`particular. I also am familiar with ETSI protocols and procedures.
`
`5.
`
`I have created and taught undergraduate and graduate courses in
`
`hardware and software design for signal processing and wireless communication
`
`circuits at Georgia Tech for the past twenty years. I also have supervised the Ph.D.
`
`dissertations of over twenty engineers in the areas of computer engineering, signal
`
`processing, communications, rapid prototyping, and system‐level design
`
`methodology, of which five have resulted in thesis prizes or paper awards. I also
`
`have graduated more than 20 Ph.D. students that now work as professors or in
`
`technical positions around the world.
`
`6.
`
`Additionally, I have been active in the areas of wireless
`
`communications, digital signal processing, integrated circuit design (analog and
`
`10845143
`
`
`- 4 -
`
`Optis Wireless Ex 2001-p. 4
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`digital), software engineering, system-level design methodologies and tools, and
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`software systems.
`
`7.
`
`I have been the principal investigator ("PI") or co-PI in several active
`
`research programs in these areas, including DARPA’s Rapid Prototyping of
`
`Application Specific Signal Processors, the State of Georgia’s Yamacraw
`
`Initiative, the United States Army’s Federated Sensors Laboratory Program, and
`
`the United States Air Force Electronics Parts Obsolescence Initiative. I have
`
`received an IBM Faculty Award and NSF’s Research Initiation Award.
`
`8.
`
`I have designed several specialized computer and communication
`
`systems over the past two decades at Georgia Tech for tasks such as wireless audio
`
`and video processing and protocol processing for portable platforms, such as cell
`
`phones and PDAs. I have worked on designing systems that are efficient from
`
`performance, size, weight, area, and thermal considerations.
`
`9.
`
`I have developed courses and classes for the industry on these topics,
`
`and many of my lectures in advanced computer system design, developed under
`
`the sponsorship of the United States Department of Defense in the late 1990s, are
`
`available for educational use at http://www.eda.org/rassp and have been used by
`
`several U.S. and international universities as part of their course work.
`
`10.
`
`I have been working in the area of wireless communications and
`
`signal processing, since the early 1980s. Some of my recent publications in the
`
`10845143
`
`
`- 5 -
`
`Optis Wireless Ex 2001-p. 5
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`area of design of wireless communications systems and associated protocols are
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`listed in Exhibit A.
`
`11.
`
`In the 1980s, I designed and prototyped a very low RF frequency
`
`(VLF) receiver for submarine communications utilizing MSK (Minimum Shift
`
`Key) modulation/demodulation techniques in hardware.
`
`12.
`
`In the early 2000‐2001 timeframe, I designed three GSM multiband
`
`mobile phones for a leading telecom equipment manufacturer in Asia.
`
`13.
`
`In the 2002-2007 timeframe, I developed wireless baseband and
`
`protocol stack software and assembly code for a leading telecommunications
`
`handset vendor that focused on efficient realization of speech codecs and echo‐
`
`cancellation and for another in the optimization of their 3G software stack. My
`
`work in this regard included creation of software code, and analysis and revision of
`
`existing software code.
`
`14.
`
`I have been an active consultant to industry and various research
`
`laboratories (including Massachusetts Institute of Technology Lincoln Labs and
`
`Johns Hopkins University Applied Physics Laboratory). My consulting work for
`
`MIT Lincoln Labs involved high resolution imaging for defense applications,
`
`where I worked in the area of prototyping complex and specialized computing
`
`systems. My consulting work for the Johns Hopkins Applied Physics Lab (“APL”)
`
`10845143
`
`
`- 6 -
`
`Optis Wireless Ex 2001-p. 6
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`mainly involved localization of objects in image fields, where I worked on
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`identifying targets in video and other sensor fields and identifying computer
`
`architectures and circuits for power and space‐efficient designs.
`
`15.
`
`I have founded three companies in the areas of embedded software,
`
`military chipsets involving imaging technology, and wireless communications. The
`
`first of the companies I founded, VP Technologies, offers products in the area of
`
`semiconductor integrated circuits, including building computing systems for
`
`imaging systems for avionics electronics for the United States Air Force and the
`
`United States Navy, since 1995. I remain a director of VP Technologies. The
`
`second of these companies, Soft Networks, LLC, offers software for multimedia
`
`and wireless computing platforms, including the development of a set-top box for
`
`Intel that decodes MPEG‐2 video streams, wireless protocol stacks, and imaging
`
`codecs for multimedia phones. The technology involved with the design,
`
`development, and implementation of the set-top box included parsing the bit
`
`streams, decoding communications protocols, extracting image and video data, and
`
`then processing for subsequent display or storage. The third of these companies,
`
`Elastic Video, uses region of interest based video encoding or decoding for
`
`capturing high quality video at very low bit rates, with primary application for
`
`wireless video systems.
`
`10845143
`
`
`- 7 -
`
`Optis Wireless Ex 2001-p. 7
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`I have authored more than sixty refereed journal publications and
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`16.
`
`around forty peer reviewed conference publications. I have been active in research
`
`in the area of wireless and mobile communications and some of my recent peer‐
`
`reviewed publications in this area include: (i) Mustafa Turkboylari & Vijay K.
`
`Madisetti, Effect of Handoff Delay on the System Performance of TDMA Cellular
`
`Systems, Proceedings of the Fourth IEEE Conference on Mobile and Wireless
`
`Communications Network 411-15 (Sept. 9-11, 2002); (ii) Loran A. Jatunov &
`
`Vijay K. Madisetti, Computationally‐Efficient SNR Estimation for Bandlimited
`
`Wideband CDMA Systems, 5 IEEE Transactions on Wireless Communications,
`
`no. 12 (2006) at 3480-91; and (iii) Nimish Radio, Ying Zhang, Mallik Tatipamula
`
`& Vijay K. Madisetti, Next Generation Applications on Cellular Networks: Trends,
`
`Challenges, and Solutions, 100 Proceedings of the IEEE, no. 4 (April 2012) at 841-
`
`54.
`
`17.
`
`I have extensive experience analyzing, designing, and testing systems
`
`based on 3GPP Technical Specifications, including specifications describing
`
`WCDMA and HSDPA technologies. I have been active in the area of location‐
`
`based services and wireless localization techniques since the mid-1990s, and have
`
`authored several papers on location-based services, including, Vijay K. Madisetti
`
`et al., Mobile Fleet Application Using SOAP and System on Devices (SyD)
`
`10845143
`
`
`- 8 -
`
`Optis Wireless Ex 2001-p. 8
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`Case IPR2020-00466
`Patent No. 8,411,557
`
`Middleware Technologies, Communications, Internet, and Information Technology
`
`(2002) at 426‐31. I have served as associate editor or on the editorial board for
`
`technical journals, including IEEE Transactions on Circuits & Systems II,
`
`International Journal in Computer Simulation, and International Journal in VLSI
`
`Signal Processing.
`
`18.
`
`I have authored or co‐authored several books, including VLSI
`
`Digital Signal Processors (IEEE Press 1995) and the Digital Signal Processing
`
`Handbook (CRC Press, 1998, 2010). I co-authored Quick‐Turnaround ASIC
`
`Design in VHDL (Kluwer Academic Press 1996) and Platform‐Centric Approach
`
`to System‐on‐Chip (SoC) Design (Springer 2004). I am also the editor of
`
`several books, including the three-volume DSP Handbook set: Volume 1: Digital
`
`Signal Processing Fundamentals, Volume 2: Video, Speech, and Audio Signal
`
`Processing and Associated Standards, and Volume 3: Wireless, Networking,
`
`Radar, Sensory Array Processing, and Nonlinear Signal Processing, published in
`
`2010 by CRC Press, Boca Raton, Florida. More recently I have authored Cloud
`
`Computing (2014, CreateSpace Press), and Internet of Things (2014, CreateSpace),
`
`and the book, Cloud Computing, was nominated as a Notable Book of 2014 by the
`
`Association of Computing Machinery (ACM) in July 2015.
`
`10845143
`
`
`- 9 -
`
`Optis Wireless Ex 2001-p. 9
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`I have been elected a Fellow of the IEEE, for contributions to
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`19.
`
`embedded computing systems. The Fellow is the highest grade of membership of
`
`the IEEE, a world professional body consisting of over 300,000 electrical and
`
`electronics engineers, with only one-tenth of one percent (0.1%) of the IEEE
`
`membership being elected to the Fellow grade each year. Election to Fellow is
`
`based upon votes cast by existing Fellows in IEEE. I have also been awarded the
`
`2006 Frederick Emmons Terman Medal by the American Society of Engineering
`
`Education for contributions to Electrical Engineering, including authoring a widely
`
`used textbook in the design of VLSI digital signal processors. I was awarded
`
`VHDL International Best Ph.D. Dissertation Advisor Award in 1997 and the NSF
`
`RI Award in 1990. I was Technical Program Chair for both the IEEE MASCOTS
`
`in 1994 and the IEEE Workshop on Parallel and Distributed Simulation in 1990.
`
`In 1989, I was recognized with the Ira Kay IEEE/ACM Best Paper Award for Best
`
`Paper presented at the IEEE Annual Simulation Symposium.
`
`20.
`
`I have submitted approximately 40 invention disclosures and
`
`provisional patents over the past ten years. I am listed as the inventor on eight
`
`allowed or issued U.S. Patents.
`
`21.
`
`I am generally familiar with issues involving patents and with
`
`determining the meaning of patent claim terms from the perspective of a “person of
`
`ordinary skill in the art” (“POSITA”) at the time the invention was made.
`
`10845143
`
`
`- 10 -
`
`Optis Wireless Ex 2001-p. 10
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`I have completed reports, depositions, and provided testimony
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`22.
`
`regarding communications systems in more than 20 proceedings over the past six
`
`years. About half of the proceedings in which I have testified were in the area of
`
`2G/3G/4G/MIMO wireless receiver design, including hardware and software
`
`features of base stations and/or mobile devices.
`
`23.
`
`I also have followed, tested compliance requirements, participated in,
`
`and contributed to activities of Standards Setting Organizations (“SSOs”) such as
`
`the IEEE, IETF, ETSI, TIA, and others, as part of my work as a teacher and
`
`researcher in advanced telecom, wireless and computer technologies since the
`
`1990s. I have been extensively involved in the activities of one of the premier
`
`SSOs in the world, the IEEE, since the 1980s, and I have participated in the
`
`development of standards for hardware design and description languages, such as
`
`VHDL, used in design of computer chips –IEEE 1076.6. This standard is now
`
`used worldwide in design of advanced computer chips and associated design
`
`automation tools for VLSI. I have also taught courses and authored papers and
`
`books on how to comply with these standards in terms of writing code for design
`
`of chipsets.
`
`24. The Internet Engineering Task Force (IETF)
`
`(https://www.ietf.org/how/wgs/) is the premier SSO in the area of computer
`
`networks and associated technologies, and creates a number of working groups
`
`10845143
`
`
`- 11 -
`
`Optis Wireless Ex 2001-p. 11
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`(WG) that focus on specific deliverables (guidelines, standards specifications, etc.)
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`and focus on creating and improving existing network protocols. I have
`
`contributed draft proposals for such improvement to standardized protocols over
`
`the past several years that include contributed to mobile wireless, stream controlled
`
`transport protocols, networking, encryption and voice/video transmission.
`
`25.
`
`I have developed speech and video codecs that comply with 3GPP
`
`standards, such as a Wideband AMR and the AMR. These tasks involved
`
`developing software to implement the associated 3GPP standards and also tests to
`
`verify compliance to these standards. The families of these 3GPP standards
`
`include TS 26.071 – TS 26.204, covering over a hundred standard specification
`
`documents. The software that I developed that complies with these standards is
`
`now available commercial on millions of 3G and 4G handsets worldwide. My
`
`codecs were tested on live 3G and 4G networks in Europe and USA since the early
`
`2004 – 2006 timeframe.
`
`26.
`
`I have also developed several speech and VOIP codecs that conform
`
`with the ITU (International Telecommunications Union) standards G.723.1, G.729
`
`and Echo Cancellers conforming with the ITU G.168 standards (see
`
`https://www.itu.int/rec/T-REC-G.723/en).
`
`27. The software and code I have developed and tested based on
`
`technologies essential to the ITU standards are now used by one of the leading
`
`10845143
`
`
`- 12 -
`
`Optis Wireless Ex 2001-p. 12
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`suppliers of VOIP/Internet telephones in the world. This software is also part of
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`commercially released soft switches for internet telephony used extensively in
`
`Asia. See for example URL
`
`https://www.thehindubusinessline.com/bline/2002/04/09/stories/200204090066070
`
`0.htm.
`
`28. As part of earlier litigation-related consulting work, I tested
`
`compliance of several smartphones (3G and 4G) in their use of standards-essential
`
`patents (SEP) related to 3GPP and 3GPP2 standards, primarily in the area HARQ
`
`and encryption. This work involved use of commercial 3GPP test equipment that
`
`included base stations and UEs to evaluate compliance to the standard and further
`
`opine on the issue of alternatives.
`
`29. Further, as stated above, I serve as the official representative of
`
`Georgia Tech to ETSI. In that role, I manage Georgia Tech’s relationship with
`
`ETSI and am responsible for representing Georgia Tech’s interests as they relate to
`
`ETSI, including to choose technical areas to which Georgia Tech may contribute,
`
`to determine which meetings to attend, and participating in technical work related
`
`to various technologies, including those in the area of 5G, 4G, and IoT. In
`
`addition, as noted, prior to assuming this role, in the past twenty years I have been
`
`retained to test various commercial mobile and wireless products to determine if
`
`they comply with various ETSI, 3GPP, and TIA (including 3GPP2) standards.
`
`10845143
`
`
`- 13 -
`
`Optis Wireless Ex 2001-p. 13
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`II. Harris' Initial Access Signal And Spreading Channel Code
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`30.
`
` Claim 1 of the '557 patent requires "a transmitter unit configured to
`
`transmit the selected sequences." Ex. 1001, 10:8-9.
`
`31.
`
`In Harris, what is sent is the "initial access signal" obtained "using the
`
`spreading channel code selected." Ex. 1004, 3:62-67 ("Having selected a
`
`spreading channel code, processing unit 105 then transmits, via transceiver 107 and
`
`wireless interface 150, an initial access signal using the spreading channel code
`
`selected. The initial access signal may take the form of a ranging signal, for
`
`example, or other technology-dependent signaling required [to] access the network
`
`node.").
`
`32. That is, the selected spreading channel code is used to spread certain
`
`data bits, and the resulting spread data sequence is then transmitted as the "initial
`
`access signal." The selected spreading channel code, however, is not transmitted.
`
`33. This is reflected also in Figures 3 to 5:
`
`10845143
`
`
`- 14 -
`
`Optis Wireless Ex 2001-p. 14
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`
`
`
`
`10845143
`
`
`- 15 -
`
`Optis Wireless Ex 2001-p. 15
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`
`
`34. An illustration of such spreading is provided in "UMTS Signaling:
`
`UMTS Interfaces, Protocols, Message Flows and Procedures Analyzed and
`
`Explained" edited by R. Kreher et al. Ex. 2010. In the example below, the data is
`
`processed with the spreading code to yield a sequence to yield a different
`
`transmitted sequence. Thus, if the data is "01," the spreading code is 01001011,
`
`the resulting transmitted chip is 01001011 10110100.
`
`10845143
`
`
`- 16 -
`
`
`
`Optis Wireless Ex 2001-p. 16
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`III. Tan's Sequence
`
`
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`35. Petitioner to several distinct embodiments of Tan.
`
`36. The first embodiment described in [0025]-[0031] relates to "[a]
`
`RACH preamble . . . sequenced using TDM/FDM." [0025]. In this embodiment,
`
`the total number of RACH opportunities per DFT-SOFDM symbol is given by
`
`NRB*NS*NSH, where NRB is the number of resource blocks, NS is the number of
`
`signature sequences per signature sequence group and NSH is the cyclically shifted
`
`versions of the signature sequences. Id.
`
`37.
`
`In this first example, NS is 8 and NSH is 1, meaning that each signature
`
`sequence has only a single cyclically shifted version. See Fig. 2. As such, this
`
`embodiment of Tan does not address how the cyclically shifted versions of the
`
`signature sequences are arranged.
`
`
`
`10845143
`
`
`- 17 -
`
`Optis Wireless Ex 2001-p. 17
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`38. The second embodiment of Tan describes a hybrid CDM approach.
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`As described, a single base Chu-sequence of length M is involved to generate a
`
`number of (in the specific example, 10) derived delayed Chu-sequence. The data
`
`to be transmitted is frequency spread with the derived Chu-sequence followed by
`
`time spreading with a Walsh sequence of length 2. This results in 20 derived
`
`sequences, each of 2M in length. [0032].
`
`39. The derived sequence are arranged according to the sequence
`
`identifier 2×d+k where d is the delay 0 to M-1, and k is 0 for Walsh code {1, 1}
`
`and 1 for Walsh code {1, -1}.
`
`40.
`
`In his declaration, Dr. Wells asserts that a POSTA would have
`
`understood that Tan's "delay parameter d to correspond to the cyclic shifts." Ex.
`
`1002, p. 44 at n.4. According to Dr. Wells, "each value in a Chu-sequence is
`
`generated by calculating Gn for M values of the index n<' and that in the delay
`
`sequence, "the index n is replaced with the value of (n-30d)modM for each value of
`
`d, where d is the delay selected from 0-9." Id. [Note a modulo operation (mod)
`
`determines the remainder after dividing (n-30d) into M].
`
`41. Dr. Wells then uses a sequence with M=25 to illustrate the sequence
`
`derived when d=0 and d=1. According to him, when d=0, M=25, "the resulting
`
`values would simply be the values of the selected base sequence . . . (i.e., 0, 1 . . . ,
`
`24)" and for d=1, M=25, the sequence would be 20, 21, 22, 23, 24, 0, . . . , 19." Id.
`
`10845143
`
`
`- 18 -
`
`Optis Wireless Ex 2001-p. 18
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`I am showing below the remaining delayed sequences with d=2 to 9.
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`42.
`
`43.
`
` The above sequences are then spread with Walsh code, and the
`
`resulting sequences are then assigned the following sequence numbers:
`
`
`
`P
`
`0
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`d
`
`0
`
`0
`
`1
`
`1
`
`2
`
`2
`
`3
`
`3
`
`4
`
`4
`
`10845143
`
`
`k values
`
`0 0, 1, 2, 3, 4, . . . 24; 0, 1, 2, 3, . . . 24
`
`1 0, 1, 2, 3, 4, . . . 24; 0, -1, -2, -3, . . . -24
`
` (g0n, g0n)
`
` (g0n, -g0n)
`
`0 20, 21, . . . 24, 0, 1, . . . 19; 20, 21, . . . 24, 0, 1, . . . 19
`
` (g1n, g1n)
`
`1 20, 21, . . . 24, 0, 1, . . . 19; -20, -21, . . . -24, 0, -1, . . . -19 (g1n, -g1n)
`
`0 15, 16, . . . 24, 0, 1, . . . 12; 15, 16, . . . 24, 0, 1, . . . 12
`
` (g2n, g2n)
`
`1 15, 16, . . . 24, 0, 1, . . . 12; -15, -16, . . . -24, 0, -1, . . . -12 (g2n, -g2n)
`
`0 10, 11, . . . 24, 0, 1, . . . 7; 10, 11, . . . 24, 0, 1, . . . 7
`
` (g3n, g3n)
`
`1 10, 11, . . . 24, 0, 1, . . . 7; -10, -11, . . . 24, 0, 1, . . . 7
`
` (g3n, -g3n)
`
`0 5, 6, . . . 24, 0, 1, . . . 4; 5, 6, 7, 8 . . . 24, 0, 1, 2, 3, 4
`
` (g4n, g4n)
`
`1 5, 6, . . . 24, 0, 1, . . . 4; -5, -6, -7, -8 . . . -24, 0, -1,-2, -3, -4 (g4n, -g4n)
`
`- 19 -
`
`Optis Wireless Ex 2001-p. 19
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`10 5
`
`0 0, 1, 2, 3, 4, . . . 24; 0, 1, 2, 3, . . . 24
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
` (g5n, g5n)
`
`11 5
`
`1 0, 1, 2, 3, 4, . . . 24; 0, -1, -2, -3, . . . -24
`
` (g5n, -g5n)
`
`12 6
`
`0 20, 21, . . . 24, 0, 1, . . . 19; 20, 21, . . . 24, 0, 1, . . . 19
`
` (g6n, g6n)
`
`13 6
`
`1 20, 21, . . . 24, 0, 1, . . . 19; -20, -21, . . . -24, 0, -1, . . . -19 (g6n, -g6n)
`
`14 7
`
`0 15, 16, . . . 24, 0, 1, . . . 12; 15, 16, . . . 24, 0, 1, . . . 12
`
` (g7n, g7n)
`
`15 7
`
`1 15, 16, . . . 24, 0, 1, . . . 12; -15, -16, . . . -24, 0, -1, . . . -12 (g7n, -g7n)
`
`16 8
`
`0 10, 11, . . . 24, 0, 1, . . . 7; 10, 11, . . . 24, 0, 1, . . . 7
`
` (g8n, g8n)
`
`17 8
`
`1 10, 11, . . . 24, 0, 1, . . . 7; -10, -11, . . . 24, 0, 1, . . . 7
`
` (g8n, -g8n)
`
`18 9
`
`0 5, 6, . . . 24, 0, 1, . . . 4; 5, 6, 7, 8 . . . 24, 0, 1, 2, 3, 4
`
` (g9n, g9n)
`
`19 9
`
`1 5, 6, . . . 24, 0, 1, . . . 4; -5, -6, -7, -8 . . . -24, 0, -1,-2, -3, -4 (g9n, -g9n)
`
`44. The derived sequences above are not "arranged in an increasing order
`
`of cyclic shifts." As shown above, for every second entry, the second half is
`
`rotated 180 degrees with respect to the first half. Thus, for example, (g1n, -g1n)
`
`cannot be obtained by cyclically shifting (g1n, g1n) before it or (g2n, g2n) after it.
`
`That is, a POSITA would have appreciated that the derived sequences above,
`
`having been complexed with Walsh code(s), are no longer related by cyclic shifts,
`
`let alone ordered in an increasing order of the cyclic shifts.
`
`IV. Sutivong
`
`45.
`
`I understand that Petitioner has asserted that Sutivong's "access
`
`sequence partition field" is the recited "control information." Pet. 59. I have been
`
`10845143
`
`
`- 20 -
`
`Optis Wireless Ex 2001-p. 20
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`asked how Sutivong's access sequence partition field influences the partition size
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`of the signature groups.
`
`46.
`
`I have reproduced the relevant disclosure below.
`
`
`
`47.
`
`I have studied the above disclosure in the context of Sutivong and still
`
`cannot comprehend what the above table is trying to show. For example, I do not
`
`know from any alleged disclosure in Sutivong as to (1) what are the sequences, (2)
`
`what are the groups, (3) what is the lower threshold, partition N lower, (4) what is
`
`the upper threshold, the partition N upper, (5) what is each of 0, S1, S2 and S3, (6)
`
`10845143
`
`
`- 21 -
`
`Optis Wireless Ex 2001-p. 21
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`why there are two 00101 entries, and (7) how the # of sequences in each group
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`actually varies. I note that Petitioner and Dr. Wells provide no explanation of how
`
`this example works either. If both experts are unable to decipher the above table, I
`
`do not believe a POSITA would be able to either.
`
`V.
`
`Purported Reason to Combine Harris And Tan
`
`48. Harris warns that "[w]hat type of spreading channel codes are selected
`
`and used also varies from one technology to the next." Harris, 4:1-2. Thus, read in
`
`the context, a POSITA would have understood that whether a particular sequence
`
`is suitable or not need to be examined in view of the specific technology employed.
`
`Thus, even though Harris mentions Tan's Chu-sequence as a possible candidate,
`
`the POSITA would not blindly use Tan's Chu-sequence without first evaluating
`
`whether it was suitable for the specific application. I note that Petitioner and Dr.
`
`Wells did not perform any such analysis.
`
`49.
`
`I also note that Harris makes clear that it is concerned with reducing
`
`the number of collisions among different UEs. E.g., Harris, 1:28-37 ("In general,
`
`wireless technologies that employ spreading and two-stage ranging rely on remote
`
`units to randomly select a spreading channel code to use with their initial ranging
`
`signal. The limited number of ranging codes and the frequency of collisions
`
`between units using the same code for access degrade the performance of user
`
`10845143
`
`
`- 22 -
`
`Optis Wireless Ex 2001-p. 22
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`services . . . and diminish user experience, particularly with time sensitive service
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`such as push-to-talk. Accordingly, it would be desirable to have an improved
`
`method and apparatus for spreading channel code selection applicable to these
`
`wireless technologies."). Harris is not concerned with minimizing interferences
`
`among different signatures; and is thus agnostic to whether the spreading channel
`
`codes are orthogonal or quasi-orthogonal. Harris, 4:2-4 ("The spreading channel
`
`codes may be orthogonal or quasi-orthogonal, although the need not be either, such
`
`as the spreading code specified in IEEE 802.16e.").
`
`50.
`
`In other words, Harris is concerned with avoiding selecting the same
`
`signatures, a problem that cannot be solved with a solution directed to a system
`
`that already transmits different signatures (and the solution is to reduce the
`
`interference among the different signatures).
`
`51.
`
`I also note that Petitioner's rationale for why a POSITA would have
`
`used more than one base sequence seems to have been copied from the teaching of
`
`the '557 patent. In the table below, I compare Petitioner's rationale with the '557
`
`patent's disclosures:
`
`Petitioner's argument
`
`The number of sequences that could be
`generated by cyclically shifting a single
`base sequence depends on factors such
`as (i) the length of the sequence; and
`(2) the size of the cyclic shift. This is
`
`557 specification
`[T]he cyclic shift value Δ need to be set
`greater than the maximum propagation
`delay time of signatures. This results
`from occurring error detection of
`signatures in the base station, if a
`
`10845143
`
`
`- 23 -
`
`Optis Wireless Ex 2001-p. 23
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`because it is important for the base
`station to be able to unambiguously
`distinguish between (1) the same
`sequence transmitted by UEs at
`different location in the cell and (b) one
`sequence transmitted by one UE and a
`cyclically shifted version of that
`sequence transmitted by a second UE.
`As the cell size increases, the amount
`of cyclic shift that must be used to
`allow the base station to
`unambiguously distinguish between
`those cases also increase. Pet. 30-31.
`
`
`"[T]he total number of predetermined
`sequences to be used in a single cell or
`sector depends on factors including: (i)
`the desired probability that two UEs
`would select the same sequence, and
`(ii) the desired processing load
`imposed on a receiver.
`
`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`plurality of mobile stations transmit a
`plurality of signatures at the same time
`and delay waves are received with
`delays beyond the cyclic shift value Δ,
`the base station is unable to decide
`whether it received signatures with
`large delay time or it received
`signatures of different cyclic shift
`values. This maximum propagation
`delay time depends on the cell radius,
`that is, the distance of the maximum
`propagation path between the mobile
`station and the base station.
`'557, 4:40-52; also 7:17-21 ("When the
`cell radius is small, the table shown in
`FIG.8 may be used instead of the table
`in FIG. 4. That is, the maximum
`propagation delay time of the
`signatures is small the cyclic shift
`value can be less when the cell radius
`is small . . . .").
`
`
`7:13-17 (the embodiment teaches ways
`"to keep the rate of detection of
`signatures and control information at
`the base station high, in the situation
`where there are a large number of
`mobile stations reporting the identical
`control information in the RACH");
`7:61-67 ("When control information of
`high rate of occurrence is reported
`from a plurality of mobile stations at
`the same time, use of this table reduces
`the rate of transmitting the same code
`sequence from the plurality of mobile
`stations, so that it is possible to reduce
`
`10845143
`
`
`- 24 -
`
`Optis Wireless Ex 2001-p. 24
`Apple v Optis Wireless
`IPR2020-00466
`
`

`

`Case IPR2020-00466
`Patent No. 8,411,557
`
`
`the rate of collisions between code
`sequences . . . .");
`8:42-9:3 (in a