IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`In re Patent of: Mattias Tan Bergström, et al.
`U.S. Patent No.:
`10,454,655 Attorney Docket No.: 39843-0092IP1
`Issue Date:
`October 22, 2019
`
`Appl. Serial No.: 16/203,450
`
`Filing Date:
`November 28, 2018
`
`Title:
`WIRELESS TERMINALS, NODES OF WIRELESS COMMUNI-
`CATION NETWORKS, AND METHODS OF OPERATING THE
`SAME
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 10,454,655 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`

`

`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`TABLE OF CONTENTS
`
`I.
`II.
`
`V.
`
`PETITIONER HAS STANDING .................................................................... 1
`SUMMARY OF THE ’655 PATENT ............................................................. 1
`A. Brief Description ....................................................................................... 1
`B. Summary of the Prosecution History of the ’655 Patent .......................... 5
`C. Level of Ordinary Skill ............................................................................. 6
`III. CLAIM CONSTRUCTION ............................................................................ 6
`IV. APPLICATION OF PRIOR ART TO THE CHALLENGED CLAIMS ........ 7
`A. Grounds ..................................................................................................... 7
`B. Bao (Ground 1A) and Bao in view of Feuersanger (Ground 1B) render
`obvious Claims 1-40 ................................................................................. 7
`1. Overview of Bao (SAMSUNG-1004) (Grounds 1A and 1B) ......... 8
`2. Overview of Feuersanger (SAMSUNG-1005) (Ground 1B) ........ 11
`3.
`Combination of Bao and Feuersanger (Ground 1B) ..................... 13
`4. Analysis ......................................................................................... 16
`C. Kwon renders obvious claims 1-40 (Ground 2) ....................................... 47
`1. Overview of Kwon (SAMSUNG-1006) ....................................... 47
`2. Analysis ......................................................................................... 50
`PTAB DISCRETION SHOULD NOT PRECLUDE INSTITUTION .......... 80
`A. The Advanced Bionics Test Favors Institution—§ 325(d) ..................... 80
`B. The Fintiv Factors Favor Institution—§ 314(a) ..................................... 81
`1.
`Factor 1: Institution Will Enable Stay ........................................... 81
`2.
`Factor 2: The Board’s Final Written Decision Will Issue in
`Advance of any Foreseeable Trial ................................................. 82
`Factor 3: Samsung’s Diligence and Investment in IPR Outweighs
`the Parties’ Minimal Investment in Litigation to Date ................. 84
`Factor 4: The Petition’s Grounds are Materially Different from
`any that Might Possibly be Raised in District Court ..................... 85
`Factor 5: The Petition Enables the Board to Resolve Invalidity of
`Claims that Might Otherwise be Reasserted ................................. 86
`Factor 6: Other Circumstances Support Institution ....................... 86
`6.
`VI. FEES .............................................................................................................. 87
`VII. CONCLUSION .............................................................................................. 87
`VIII. MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) ......................... 87
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) .............................. 87
`
`3.
`
`4.
`
`5.
`
`i
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`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2) ....................................... 87
`C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ................... 88
`D. Service Information ................................................................................ 88
`
`
`
`ii
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`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`EXHIBITS
`
`SAMSUNG-1001 U.S. Patent No. 10,454,655
`
`SAMSUNG-1002 File History for U.S. Patent No. 10,454,655
`
`SAMSUNG-1003 Expert Declaration of Dr. Robert Akl
`
`SAMSUNG-1004 U.S. Patent Pub. No. 2012/0113811 (“Bao”)
`
`SAMSUNG-1005 U.S. Patent Pub. No. 2013/0039202 (“Feuersanger”)
`
`SAMSUNG-1006 U.S. Patent No. 8,538,411 (“Kwon”)
`
`SAMSUNG-1007-1020 [Reserved]
`
`SAMSUNG-1021 Order (Docket 261), Infernal Tech. LLC et al. v. Sony
`Interactive Entertainment LLC, Case No. 2:19-CV-00248 (E.D.
`Tex. November 20, 2020)
`
`SAMSUNG-1022 Order (Docket 209), Oyster Optics, LLC v. Infinera Corp. et al.,
`Case No. 2:19-CV-00257 (E.D. Tex. November 20, 2020)
`
`SAMSUNG-1023 Order (Docket 45), Radney v. Holmes Co. of Jackson et al.,
`Case No. 2:20-CV-00039 (E.D. Tex. November 20, 2020)
`
`SAMSUNG-1024 Order (Docket 655), Ramot at Tel Aviv Univ. Ltd. v. Cisco
`Systems, Inc., Case No. 2:19-CV-00225 (E.D. Tex. November
`20, 2020)
`
`SAMSUNG-1025 Order (Docket 62), Nokia of America Corp., et al. v. Oyster
`Optics et al., Case No. 2:18-CV-00391 (E.D. Tex. November
`20, 2020)
`
`SAMSUNG-1026 Order (Docket 79), Ultravision Techs., LLC v. Ledman
`Optoelectronic Co., Ltd, Case No. 2:18-CV-00101 (E.D. Tex.
`November 20, 2020)
`
`iii
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`

`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`SAMSUNG-1027 Katie Buehler, Texas Patent Trials Halted Due to COVID-19
`Spike, Law360 (November 20, 2020),
`https://www.law360.com/articles/1330855/texas-patent-trials-
`halted-due-to-covid-19-spike
`
`SAMSUNG-1028 Complaint, Ericsson Inc. et al. v. Samsung Electronics Co., Ltd.
`et. al., 2:20-cv-00380-JRG (E.D. Tex.)(December 11, 2020)
`
`SAMSUNG-1029 Amended Complaint, Ericsson Inc. et al. v. Samsung
`Electronics Co., Ltd. et. al., 2:20-cv-00380-JRG (E.D.
`Tex.)(January 1, 2021)
`
`SAMSUNG-1030 PACER docket, Ericsson Inc. et al. v. Samsung Electronics Co.,
`Ltd. et. al., 2:20-cv-00380-JRG (E.D. Tex.)
`
`SAMSUNG-1031 Stipulation by Samsung Electronics Co., Ltd.
`
`SAMSUNG-1032 K. Zraick , Officials Stress That the Pandemic ‘Is Not Over Yet’
`as U.S. Vaccinations Begin, N.Y. Times, (Dec. 16, 2020),
`https://www.nytimes.com/live/2020/12/16/world/covid-19-
`coronavirus
`
`SAMSUNG-1033 K. Zraick and R. Robbins, ‘Things Will Get Worse,’ Fauci
`Warns, as U.S. Hits a New Daily Death Record, N.Y. Times,
`(Jan. 7, 2021),
`https://www.nytimes.com/live/2021/01/07/world/covid-19-
`coronavirus
`
`SAMSUNG-1034 LegalMetric Time to Trial Report Eastern District of Texas
`
`
`
`
`
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`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`LISTING OF CLAIMS
`
`Claim 1
`[1pre] A method of operating a wireless terminal in communication with a
`wireless communication network, the method comprising:
`
`[1a]
`
`[1b]
`
`[1c]
`
`[1d]
`
`receiving a first Medium Access Control (MAC) Control Element (CE)
`from the wireless communication network,
`
`wherein the first MAC CE includes a first bit map having a first bit
`map size with bits of the first bit map corresponding to respective com-
`ponent carriers of a first group of component carriers and indicating an
`activation status of the respective component carriers of the first group;
`and
`
`receiving a second MAC CE from the wireless communication net-
`work,
`
`wherein the second MAC CE includes a second bit map having a sec-
`ond bit map size with bits of the second bit map corresponding to re-
`spective component carriers of a second group of component carriers
`and indicating an activation status of the respective component carriers
`of the second group, and
`
`[1e]
`
`wherein the first bit map size of the first bit map is different than the
`second bit map size of the second bit map.
`
`Claim 2
`[2a] … claim 1 further comprising: responsive to the first MAC CE, activat-
`ing/deactivating component carriers of the first group of component
`carriers responsive to the first bit map; and
`
`[2b]
`
`responsive to the second MAC CE, activating/deactivating component
`carriers of the second group of component carriers responsive to the
`second bit map.
`
`Claim 3
`
`v
`
`

`

`[3]
`
`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`… claim 1, wherein a first Logical Channel Identity (LCID) is provided
`for the first MAC CE, a second LCID is provided for the second MAC
`CE, and the first and second LCIDs are different.
`
`Claim 4
`[4a] … claim 3 wherein receiving the first MAC CE comprises receiving
`the first MAC CE and applying bits of the first bit map to respective
`component carriers of the first group of component carriers responsive
`to the first LCID, and
`
`[4b]
`
`wherein receiving the second MAC CE comprises receiving the second
`MAC CE and applying bits of the second bit map to respective compo-
`nent carriers of the second group of component carriers responsive to
`the second LCID.
`
`Claim 5
`[5]
`
`Claim 6
`[6]
`
`Claim 7
`
`… claim 1, wherein the first group of component carriers includes a
`first group of secondary component carriers, wherein the second group
`of component carriers includes a second group of secondary component
`carriers, wherein the first and second groups of secondary component
`carriers are different, wherein each of the first group of secondary com-
`ponent carriers corresponds to a respective bit of the first bit map, and
`wherein each of the second group of secondary component carriers cor-
`responds to a respective bit of the second bit map.
`
`… claim 5, wherein a respective component carrier index is associated
`with each secondary component carrier of the first group, wherein a re-
`spective component carrier index is associated with each secondary
`component carrier of the second group, wherein at least one of the
`component carrier indices of the secondary component carriers of the
`first group exceeds a threshold, wherein none of the component carrier
`indices of the secondary component carriers of the second group ex-
`ceeds the threshold, and wherein the first bit map size of the first bit
`map is greater than the second bit map size of the second bit map.
`
`vi
`
`

`

`[7pre] A wireless terminal comprising:
`
`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[7a]
`
`[7b]
`
`[7c]
`
`[7d]
`
`[7e]
`
`[7f]
`
`a transceiver configured to provide radio communications with a wire-
`less communication network over a radio interface; and
`
`a processor coupled with the transceiver, wherein the processor is con-
`figured to:
`
`receive a first Medium Access Control (MAC) Control Element (CE)
`through the transceiver from the wireless communication network,
`
`wherein the first MAC CE includes a first bit map having a first bit
`map size with bits of the first bit map corresponding to respective com-
`ponent carriers of a first group of component carriers and indicating an
`activation status of the respective component carriers of the first group;
`and
`
`receive a second MAC CE through the transceiver from the wireless
`communication network,
`
`wherein the second MAC CE includes a second bit map having a sec-
`ond bit map size with bits of the second bit map corresponding to re-
`spective component carriers of a second group of component carriers
`and indicating an activation status of the respective component carriers
`of the second group, and
`
`[7g]
`
`wherein the first bit map size of the first bit map is different than the
`second bit map size of the second bit map.
`
`Claim 8
`[8a] … claim 7, wherein the processor is further configured to: activate/de-
`activate component carriers of the first group of component carriers re-
`sponsive to the first MAC CE and the first bit map; and
`
`[8b]
`
`activate/deactivate component carriers of the second group of compo-
`nent carriers responsive to the second MAC CE and the second bit
`map.
`
`Claim 9
`
`vii
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`

`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[9]
`
`… claim 7, wherein a first Logical Channel Identity (LCID) is provided
`for the first MAC CE, a second LCID is provided for the second MAC
`CE, and the first and second LCIDs are different.
`Claim 10
`[10a] … claim 9, wherein receiving the first MAC CE comprises receiving
`the first MAC CE and applying bits of the first bit map to respective
`component carriers of the first group of component carriers responsive
`to the first LCID, and
`
`[10b] wherein receiving the second MAC CE comprises receiving the second
`MAC CE and applying bits of the second bit map to respective compo-
`nent carriers of the second group of component carriers responsive to
`the second LCID.
`Claim 11
`[11] … claim 7, wherein the first group of component carriers includes a
`first group of secondary component carriers, wherein the second group
`of component carriers includes a second group of secondary component
`carriers, wherein the first and second groups of secondary component
`carriers are different, wherein each of the first group of secondary com-
`ponent carriers corresponds to a respective bit of the first bit map, and
`wherein each of the second group of secondary component carriers cor-
`responds to a respective bit of the second bit map.
`Claim 12
`[12] … claim 11, wherein a respective component carrier index is associated
`with each secondary component carrier of the first group, wherein a re-
`spective component carrier index is associated with each secondary
`component carrier of the second group, wherein at least one of the
`component carrier indices of the secondary component carriers of the
`first group exceeds a threshold, wherein none of the component carrier
`indices of the secondary component carriers of the second group ex-
`ceeds the threshold, and wherein the first bit map size of the first bit
`map is greater than the second bit map size of the second bit map.
`Claim 13
`
`viii
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`

`

`[13pre] A method of operating a node of a wireless communication network,
`the method comprising:
`
`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[13a]
`
`transmitting a first Medium Access Control (MAC) Control Element
`(CE) to a wireless terminal,
`
`[13b] wherein the first MAC CE includes a first bit map having a first bit
`map size with bits of the first bit map corresponding to respective com-
`ponent carriers of a first group of component carriers and indicating an
`activation status of the respective component carriers of the first group;
`and
`
`[13c]
`
`transmitting a second MAC CE to the wireless terminal,
`
`[13d] wherein the second MAC CE includes a second bit map having a sec-
`ond bit map size with bits of the second bit map corresponding to re-
`spective component carriers of a second group of component carriers
`and indicating an activation status of the respective component carriers
`of the second group, and
`
`[13e]
`
`wherein the first bit map size of the first bit map is different than the
`second bit map size of the second bit map.
`Claim 14
`[14] … claim 13, wherein a first Logical Channel Identity (LCID) is pro-
`vided for the first MAC CE, a second LCID is provided for the second
`MAC CE, and the first and second LCIDs are different.
`Claim 15
`[15] … claim 13, wherein the first group of component carriers includes a
`first group of secondary component carriers, wherein the second group
`of component carriers includes a second group of secondary component
`carriers, wherein the first and second groups of secondary component
`carriers are different, wherein each of the first group of secondary com-
`ponent carriers corresponds to a respective bit of the first bit map, and
`wherein each of the second group of secondary component carriers cor-
`responds to a respective bit of the second bit map.
`Claim 16
`
`ix
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`

`

`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[16] … claim 15, wherein a respective component carrier index is associated
`with each secondary component carrier of the first group, wherein a re-
`spective component carrier index is associated with each secondary
`component carrier of the second group, wherein at least one of the
`component carrier indices of the secondary component carriers of the
`first group exceeds a threshold, wherein none of the component carrier
`indices of the secondary component carriers of the second group ex-
`ceeds the threshold, and wherein the first bit map size of the first bit
`map is greater than the second bit map size of the second bit map.
`Claim 17
`[17pre] A node of a wireless communication network, the node comprising:
`
`[17a]
`
`[17b]
`
`[17c]
`
`a transceiver configured to provide radio communications with one or
`more wireless terminals over a radio interface; and
`
`a processor coupled with the transceiver, wherein the processor is con-
`figured to:
`
`transmit a first Medium Access Control (MAC) Control Element (CE)
`through the transceiver to a wireless terminal,
`
`[17d] wherein the first MAC CE includes a first bit map having a first bit
`map size with bits of the first bit map corresponding to respective com-
`ponent carriers of a first group of component carriers and indicating an
`activation status of the respective component carriers of the first group;
`and
`
`[17e]
`
`[17f]
`
`transmit a second MAC CE through the transceiver to the wireless ter-
`minal,
`
`wherein the second MAC CE includes a second bit map having a sec-
`ond bit map size with bits of the second bit map corresponding to re-
`spective component carriers of a second group of component carriers
`and indicating an activation status of the respective component carriers
`of the second group, and
`
`[17g] wherein the first bit map size of the first bit map is different than the
`second bit map size of the second bit map.
`
`x
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`

`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`Claim 18
`[18] … claim 17, wherein a first Logical Channel Identity (LCID) is pro-
`vided for the first MAC CE, a second LCID is provided for the second
`MAC CE, and the first and second LCIDs are different.
`Claim 19
`[19] … claim 17, wherein the first group of component carriers includes a
`first group of secondary component carriers, wherein the second group
`of component carriers includes a second group of secondary component
`carriers, wherein the first and second groups of secondary component
`carriers are different, wherein each of the first group of secondary com-
`ponent carriers corresponds to a respective bit of the first bit map, and
`wherein each of the second group of secondary component carriers cor-
`responds to a respective bit of the second bit map.
`Claim 20
`[20] … claim 19, wherein a respective component carrier index is associated
`with each secondary component carrier of the first group, wherein a re-
`spective component carrier index is associated with each secondary
`component carrier of the second group, wherein at least one of the
`component carrier indices of the secondary component carriers of the
`first group exceeds a threshold, wherein none of the component carrier
`indices of the secondary component carriers of the second group ex-
`ceeds the threshold, and wherein the first bit map size of the first bit
`map is greater than the second bit map size of the second bit map.
`Claim 21
`[21pre] A method of operating a wireless terminal in communication with a
`wireless communication network, the method comprising:
`
`[21a]
`
`receiving a medium access control, MAC, control element, CE, from
`the wireless communication network,
`
`[21b] wherein the MAC CE has one of a plurality of formats, wherein a first
`format of the plurality of formats has a first bit map size and the first
`format is associated with a first Logical Channel Identity (LCID),
`
`xi
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`

`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`wherein a second format of the plurality of formats has a second bit
`map size and the second format is associated with a second LCID,
`
`[21c]
`
`wherein the first and second bit map sizes are different, and
`
`[21d] wherein the first and second LCIDs are different; and
`
`[21e]
`
`responsive to receiving one of the first and second LCIDs together with
`the MAC CE, applying a bit map of the MAC CE using one of the first
`and second bit map sizes to activate/deactivate component carriers of a
`group of component carriers based on the one of the first and second
`LCIDs received together with the MAC CE.
`Claim 22
`[22] … claim 21, wherein the first LCID is received together with the MAC
`CE, wherein the MAC CE has the first format, wherein the bit map has
`the first bit map size of the first format, and wherein applying the bit
`map comprises applying the bit map of the MAC CE using the first bit
`map size to activate/deactivate respective ones of the component carri-
`ers of the group of component carriers responsive to receiving the first
`LCID together with the MAC CE.
`Claim 23
`[23] … claim 22, wherein the group of component carriers includes a group
`of secondary component carriers, and wherein each of the group of sec-
`ondary component carriers corresponds to a respective bit of the bit
`map of the MAC CE.
`Claim 24
`[24] … claim 23, wherein a respective component carrier index is associated
`with each component carrier of the group of secondary component car-
`riers, wherein at least one of the component carrier indices of the com-
`ponent carriers of the group of secondary component carriers exceeds a
`threshold, and wherein the first bit map size is greater than the second
`bit map size.
`Claim 25
`
`xii
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`

`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[25a] … claim 22, wherein the MAC CE is a first MAC CE, wherein the bit
`map is a first bit map, and wherein the component carriers are first
`component carriers of a first group, the method further comprising:
`
`[25b]
`
`[25c]
`
`receiving a second MAC CE from the wireless communication net-
`work,
`
`wherein the second MAC CE is received together with the second
`LCID, wherein the second MAC CE has the second format, and
`wherein second MAC CE has a second bit map with the second bit map
`size of the second format; and
`
`[25d]
`
`responsive to receiving the second LCID together with the second
`MAC CE, applying the second bit map of the second MAC CE using
`the second bit map size to activate/deactivate second component carri-
`ers of a second group of component carriers.
`Claim 26
`[26pre] A wireless terminal comprising:
`
`[26a]
`
`[26b]
`
`[26c]
`
`a transceiver configured to provide radio communications with a wire-
`less communication network over a radio interface; and
`
`a processor coupled with the transceiver, wherein the processor is con-
`figured to:
`
`receiving a medium access control, MAC, control element, CE, from
`the wireless communication network
`
`[26d] wherein the MAC CE has one of a plurality of formats, wherein a first
`format of the plurality of formats has a first bit map size and the first
`format is associated with a first Logical Channel Identity (LCID),
`wherein a second format of the plurality of formats has a second bit
`map size and the second format is associated with a second LCID,
`
`[26e]
`
`[26f]
`
`[26g]
`
`wherein the first and second bit map sizes are different, and
`
`wherein the first and second LCIDs are different; and
`
`responsive to receiving one of the first and second LCIDs together with
`the MAC CE, applying a bit map of the MAC CE using one of the first
`
`xiii
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`

`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`and second bit map sizes to activate/deactivate component carriers of a
`group of component carriers based on the one of the first and second
`LCIDs received together with the MAC CE.
`Claim 27
`[27] … claim 26, wherein the first LCID is received together with the MAC
`CE, wherein the MAC CE has the first format, wherein the bit map has
`the first bit map size of the first format, and wherein applying the bit
`map comprises applying the bit map of the MAC CE using the first bit
`map size to activate/deactivate respective ones of the component carri-
`ers of the group of component carriers responsive to receiving the first
`LCID together with the MAC CE.
`Claim 28
`[28] … claim 27, wherein the group of component carriers includes a group
`of secondary component carriers, and wherein each of the group of sec-
`ondary component carriers corresponds to a respective bit of the bit
`map of the MAC CE.
`Claim 29
`[29] … claim 28, wherein a respective component carrier index is associated
`with each component carrier of the group of secondary component car-
`riers, wherein at least one of the component carrier indices of the com-
`ponent carriers of the group of secondary component carriers exceeds a
`threshold, and wherein the first bit map size is greater than the second
`bit map size.
`Claim 30
`[30a] … claim 27, wherein the MAC CE is a first MAC CE, wherein the bit
`map is a first bit map, and wherein the component carriers are first
`component carriers of a first group, wherein the processor is further
`configured to:
`
`[30b]
`
`receiving a second MAC CE from the wireless communication net-
`work,
`
`xiv
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`

`

`[30c]
`
`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`wherein the second MAC CE is received together with the second
`LCID, wherein the second MAC CE has the second format, and
`wherein second MAC CE has a second bit map with the second bit map
`size of the second format; and
`
`[30d]
`
`responsive to receiving the second LCID together with the second
`MAC CE, applying the second bit map of the second MAC CE using
`the second bit map size to activate/deactivate second component carri-
`ers of a second group of component carriers.
`Claim 31
`[31pre] A method of operating a node of a wireless communication network,
`the method comprising:
`
`[31a]
`
`selecting one of a first format and a second format for a medium access
`control, MAC, control element, CE,
`
`[31b] wherein the first format has a first bit map size and the first format is
`associated with a first Logical Channel Identity (LCID), wherein the
`second format has a second bit map size and the second format is asso-
`ciated with a second LCID,
`
`[31c]
`
`wherein the first and second bit map sizes are different, and
`
`[31d] wherein the first and second LCIDs are different; and
`
`[31e]
`
`transmitting the MAC CE to a wireless terminal together with one of
`the first and second LCIDs associated with the one of the first and sec-
`ond formats selected for the MAC CE,
`
`[31f]
`
`wherein the MAC CE includes a bit map having one of the first and
`second bit map sizes associated with the one of the first format and the
`second format selected for the MAC CE, wherein bits of the bit map
`correspond to respective component carriers of a group of component
`carriers and includes an activation status of the respective component
`carriers of the group.
`Claim 32
`[32] … claim 31, wherein selecting comprises selecting the first format for
`the MAC CE, wherein the first LCID is transmitted together with the
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`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`MAC CE, wherein the MAC CE has the first format, and wherein the
`bit map has the first bit map size of the first format.
`Claim 33
`[33] … claim 32, wherein the group of component carriers includes a group
`of secondary component carriers, and wherein each of the group of sec-
`ondary component carriers corresponds to a respective bit of the bit
`map of the MAC CE.
`Claim 34
`[34] … claim 33, wherein a respective component carrier index is associated
`with each component carrier of the group of secondary component car-
`riers, wherein the first bit map size is greater than the second bit map
`size, and wherein the first format for the MAC CE is selected respon-
`sive to determining that at least one of the component carrier indices of
`the component carriers of the group of secondary component carriers
`exceeds a threshold.
`Claim 35
`[35a] … claim 32, wherein the MAC CE is a first MAC CE, wherein the bit
`map is a first bit map, and wherein the component carriers are first
`component carriers of a first group, the method further comprising:
`
`[35b]
`
`[35c]
`
`selecting the second format for a second MAC CE; and
`
`transmitting the second MAC CE to the wireless terminal together with
`the second LCID associated with the second format,
`
`[35d] wherein the second MAC CE includes a bit map having the second bit
`map size associated with the second format selected for the MAC CE,
`wherein bits of the second bit map correspond to respective component
`carriers of a second group of component carriers and includes an acti-
`vation status of the respective component carriers of the second group.
`Claim 36
`[36pre] A node of a wireless communication network comprising:
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`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`a transceiver configured to provide radio communications with a wire-
`less terminal over a radio interface; and
`
`a processor coupled with the transceiver, wherein the processor is con-
`figured to:
`
`select one of a first format and a second format for a medium access
`control, MAC, control element, CE,
`
`[36a]
`
`[36b]
`
`[36c]
`
`[36d] wherein the first format has a first bit map size and the first format is
`associated with a first Logical Channel Identity (LCID), wherein the
`second format has a second bit map size and the second format is asso-
`ciated with a second LCID,
`
`[36e]
`
`[36f]
`
`[36g]
`
`wherein the first and second bit map sizes are different, and
`
`wherein the first and second LCIDs are different; and
`
`transmit the MAC CE to a wireless terminal together with one of the
`first and second LCIDs associated with the one of the first and second
`formats selected for the MAC CE,
`
`[36h] wherein the MAC CE includes a bit map having one of the first and
`second bit map sizes associated with the one of the first format and the
`second format selected for the MAC CE, wherein bits of the bit map
`correspond to respective component carriers of a group of component
`carriers and includes an activation status of the respective component
`carriers of the group.
`Claim 37
`[37] … claim 36, wherein selecting comprises selecting the first format for
`the MAC CE, wherein the first LCID is transmitted together with the
`MAC CE, wherein the MAC CE has the first format, and wherein the
`bit map has the first bit map size of the first format.
`Claim 38
`
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`Attorney Docket No 39843-0092IP1
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`
`
`[38] … claim 37, wherein the group of component carriers includes a group
`of secondary component carriers, and wherein each of the group of sec-
`ondary component carriers corresponds to a respective bit of the bit
`map of the MAC CE.
`Claim 39
`[39] … claim 38, wherein a respective component carrier index is associated
`with each component carrier of the group of secondary component car-
`riers, wherein the first bit map size is greater than the second bit map
`size, and wherein the first format for the MAC CE is selected respon-
`sive to determining that at least one of the component carrier indices of
`the component carriers of the group of secondary component carriers
`exceeds a threshold.
`Claim 40
`[40a] … claim 37, wherein the MAC CE is a first MAC CE, wherein the bit
`map is a first bit map, and wherein the component carriers are first
`component carriers of a first group, wherein the processor is further
`configured to:
`
`[40b]
`
`[40c]
`
`select the second format for a second MAC CE; and
`
`transmit the second MAC CE to the wireless terminal together with the
`second LCID associated with the second format,
`
`[40d] wherein the second MAC CE includes a bit map having the second bit
`map size associated with the second format selected for the MAC CE,
`wherein bits of the second bit map correspond to respective component
`carriers of a second group of component carriers and includes an acti-
`vation status of the respective component carriers of the second group.
`
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`Attorney Docket No 39843-0092IP1
`IPR of U.S. Patent No. 10,454,655
`
`Samsung Electronics Co., Ltd. (“Petitioner” or “Samsung”) petitions for Inter
`
`Partes Review (“IPR”) of claims 1-40 (“the Challenged Claims”) of U.S. Patent
`
`10,454,655 (“’655 Patent”). As explained in this Petition, there exists a reasonable
`
`likelihood that Petitioner will prevail. SAMSUNG-1003, [1]-[507].
`
`I.
`
`PETITIONER HAS STANDING
`Samsung certifies that the ’655 Patent is available for IPR. This Petition is
`
`being filed within one year of service of a complaint against Petitioner in Ericsson
`
`Inc. et al. v. Samsung Electronics Co. Ltd. et al., 2:20-cv-00380-JRG (E.D. Tex.).
`
`SAMSUNG-1028