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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`TELEFONAKTIEBOLAGET LM ERICSSON,
`Patent Owner
`
`
`
`
`U.S. PATENT NO. 8,798,658
`
`Case IPR2021-TBD
`
`
`
`
`DECLARATION OF FRIEDHELM RODERMUND
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT NO. 8,798,658
`
`
`
`Samsung Ex. 1012
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`
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`TABLE OF CONTENTS
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`Page
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`I.
`
`II.
`
`III.
`
`IV.
`
`
`INTRODUCTION AND ENGAGEMENT ............................................................ 1
`
`BACKGROUND AND QUALIFICATIONS ........................................................ 2
`
`Summary of my opinions ........................................................................................ 7
`
`PUBLICATION OF 3GPP SPECIFICATIONS AND RELATED DOCUMENTS
`7
`
`A.
`
`B.
`
`General Practices .................................................................................................... 7
`
`Specific Documents .............................................................................................. 16
`
`1.
`
`TR 36.805 V9.0.0...................................................................................... 16
`
`V.
`
`AVAILABILITY FOR CROSS-EXAMINATION .............................................. 19
`
`Right To Supplement ............................................................................................ 19
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`Signature ............................................................................................................... 20
`
`A.
`
`B.
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`Samsung Ex. 1012
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`Declaration of Friedhelm Rodermund
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`I, Friedhelm Rodermund, do hereby declare as follows:
`
`I.
`
`INTRODUCTION AND ENGAGEMENT
`
`1.
`
`I have been retained in this matter by Samsung Electronics Co., Ltd
`
`(“Petitioner” or “Samsung”) to provide testimony regarding 3GPP’s standard
`
`business practices for record keeping and publishing technical specifications, change
`
`request proposals, reports, and other documents developed during the course of
`
`standards activities carried out by the 3rd Generation Partnership Project (“3GPP”)
`
`and the European Telecommunications Standards Institute (“ETSI”).
`
`2.
`
`I have been asked to provide my opinions regarding the authenticity
`
`and dates of public accessibility of the following 3GPP document:
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`(cid:120) Version 9.0.0 of technical specification 3GPP TR 36.805 (“Technical
`
`Specification Group Radio Access Network; Study on Minimization of
`
`drive-tests in Next Generation Networks (Release 9)”) (hereinafter “TR
`
`36.805 v9.0.0”) (Ex. 1009)
`
`3.
`
`As an ETSI Project Manager and Secretary, from June 1998 to
`
`December 2004, I have personal knowledge of 3GPP’s standard business and
`
`records keeping practices. I continued following 3GPP’s work ever since. Thus,
`
`based on my experience, personal knowledge, and review of 3GPP’s business
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`records, I am able to testify regarding the authenticity of certain documents
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`published by 3GPP and the timing of their publication.
`
`4.
`
`I am being compensated for my time spent on this matter at my usual
`
`rate of €450 per hour. My fee is not contingent on the outcome of this or any matter,
`
`or on the content of any of the testimony I give in this declaration. I have no financial
`
`interest in Petitioner.
`
`5.
`
`I have been informed that Ericsson (hereinafter referred to as “Patent
`
`Owner”) alleges ownership and is the current assignee of U.S. Patent No. 8,798,658
`
`(“the ’658 Patent”) (Ex. 1001). I have no financial interest in the Patent Owner or
`
`the ’658 patent.
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`6.
`
`I have more than 20 years of experience working with standards
`
`development organizations including the Third Generation Partnership Project
`
`(“3GPP”), the European Telecommunications Standards Institute (“ETSI”), and the
`
`Open Mobile Alliance (“OMA”). I have particular experience with the development
`
`of standards related to cellular telecommunications, including the standards for the
`
`Universal Mobile Telecommunications System (“UMTS”), Long Term Evolution
`
`(“LTE”), and 5G, which are all standards developed by the 3GPP.
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`7.
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`I attended the University of Technology Aachen in Aachen, Germany,
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`where I performed graduate studies in Electrical Engineering with a focus on
`
`telecommunications technologies (“Dipl.-Ing. TH” degree). I also attended the
`
`University of Technology Trondheim in Trondheim, Norway, and completed my
`
`Diploma thesis, “Design of a dual processor computer for digital signal processing
`
`in power electronics,” in 1993.
`
`8.
`
`From December 1993 to June 1998, I worked at Mannesmann
`
`Mobilfunk as a System Engineer and Project Manager in Quality Assurance and
`
`Technical Standards. One of my responsibilities was to ensure by managing and
`
`performing related test activities that cellular network equipment was compatible
`
`with the Global System for Mobile Communications (“GSM”) standard developed
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`by ETSI. During that time, I also started working as a standards delegate. I attended
`
`my first ETSI meeting in 1996 (although I was already following ETSI
`
`developments from 1992 during my studies).
`
`9.
`
`From June 1998 to December 2004, I worked at ETSI as a project
`
`manager for various ETSI Special Mobile Group (“SMG”) and 3GPP working
`
`groups. First, I served as a secretary of SMG4 “Data Services” and SMG8 “Base
`
`Stations Testing.” Then, as a project manager with the ETSI Mobile Competence
`
`Center (“MCC”), I supported establishing 3GPP as the new international standards
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`development organization for cellular telecommunications. One of my roles was
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`acting as Secretary for 3GPP’s Technical Specifications Group Terminals, Working
`
`Group (“T2”), the group which played a leading role in the creation of standards for
`
`Multimedia such as the Multimedia Messaging Service (“MMS”).
`
`10. Later, I was a secretary of the highest-level Technical Specifications
`
`Group Terminals which was besides other things responsible for the development of
`
`test specifications including tests for the radio interface.
`
`11.
`
`I edited all technical specifications produced by my working groups and
`
`presented results to the parent body for approval. I attended all meetings (apart from
`
`some sub-working group meetings) and was also responsible for compiling meeting
`
`reports, for handling all the meeting documents, and managing the work plan. It was
`
`also my role to guide the groups and to advise the chairmen regarding 3GPP working
`
`methods and procedures including document handling, and to make sure delegates
`
`were aware of their company’s obligations under the 3GPP Intellectual Property
`
`Right policy.
`
`12. As part of my responsibilities at ETSI, I acted as a 3GPP custodian of
`
`records by personally managing 3GPP’s public File Transfer Protocol (ftp) folders,
`
`which I used to make publicly accessible various 3GPP documents, including
`
`versions of 3GPP specifications, technical reports, liaison statements, change
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`requests, contributions, agendas, meeting reports, and other 3GPP documents from
`
`my working groups. I am also knowledgeable about document management
`
`practices used in other working groups and within 3GPP in general with regard to
`
`making documents publicly accessible through the same, public ftp server of 3GPP.
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`13. Since I left ETSI as a staff member in 2005, I have been continuously
`
`involved in standardization activities, including with Open Mobile Alliance, ETSI,
`
`and 3GPP. Since 2017, I also have been attending the ETSI IPR Special Committee,
`
`which is responsible for the maintenance of the ETSI IPR Policy.
`
`14. After I left ETSI, I worked from January 2005 to October 2014 at
`
`Vodafone, first as a Project Manager for Mobile Broadcast Standards, and then as
`
`Vice Chairman of the Device Management working group of the Open Mobile
`
`Alliance, and then as a Senior Standards Strategist, all with responsibilities as
`
`described on my C.V. At Vodafone, I was deeply involved in standards work with
`
`ETSI and 3GPP and other standards setting organizations, including as a delegate to
`
`3GPP SA1 “Services.” As part of my responsibilities, I attended selected 3GPP
`
`meetings, submitted documents to 3GPP, used 3GPP resources (including 3GPP’s
`
`ftp server) extensively, and remained knowledgeable about 3GPP policies and
`
`procedures with regard to document management and public accessibility. I was also
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`involved in the creation of patents, defense activities related to patent litigations, and
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`patent evaluation, mostly in the context of standards development.
`
`15. Since leaving Vodafone in 2014, I have performed consulting work
`
`regarding Internet of Things (IoT) and Machine to Machine (M2M) technology and
`
`standards, first at Friedhelm Rodermund Consulting and then as the Founder and
`
`Director of IOTECC GmbH. In connection with my work, I regularly deal with
`
`standards such as OMA’s Lightweight M2M, 3GPP’s LTE, Narrowband IoT (NB-
`
`IoT) and 5G standards. And I have extensively used 3GPP resources and have
`
`remained knowledgeable about 3GPP policies and procedures with regard to
`
`document management and public accessibility.
`
`16.
`
`I also provide consulting services related to patents, in particular around
`
`3GPP Standard Essential Patents (“SEPs”), and I have been working as an expert
`
`witness on a number of occasions. I continue to closely follow the maintenance of
`
`the ETSI IPR Policy as a delegate to the ETSI IPR Special Committee. Furthermore,
`
`I’m conducting a seminar on SEPs and the Internet of Things at the Technical
`
`University of Ilmenau, Germany.
`
`17. At the time of writing this declaration, I am following – including
`
`attending selected meetings - the following standards committees: ETSI oneM2M,
`
`ETSI IPR Special Committee, Open Mobile Alliance, and 3GPP.
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`18. A copy of my curriculum vitae, which includes a detailed description
`
`of my experience and education, is attached as Appendix A. A list of litigation
`
`matters on which I have worked over the last five years is also included in my
`
`curriculum vitae.
`
`III.
`
`SUMMARY OF MY OPINIONS
`
`19.
`
`It is my opinion that TR 36.805 v9.0.0 (Ex. 1009) is a technical
`
`specification published by 3GPP and would have been publicly accessible through
`
`ftp.3gpp.org as of December 21, 2009.
`
`IV. PUBLICATION OF 3GPP
`SPECIFICATIONS AND RELATED DOCUMENTS
`A. General Practices
`
`20. Unless otherwise noted, the following is an accurate description of
`
`3GPP general practices from 1998 to the present, regardless of whether I use the
`
`present or past tense to describe those practices.
`
`21.
`
`3GPP was established in 1998 by a group of telecommunications
`
`standard development organizations from Japan, Korea, China, Europe, and the
`
`United States
`
`to
`
`jointly develop worldwide
`
`standards
`
`for mobile
`
`telecommunications. Today, 3GPP consists of seven partners: Association of Radio
`
`Industries and Businesses, Japan (“ARIB”), Alliance for Telecommunications
`
`Industry Solutions, USA (“ATIS”), China Communications Standards Association
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`(“CCSA”), European Telecommunications Standards
`
`Institute
`
`(“ETSI”),
`
`Telecommunications Technology Association, Korea (“TTA”), Telecommunication
`
`Technology Committee, Japan (“TTC”). In addition to being one of the founding
`
`partners, ETSI hosts the Mobile Competence Centre (“MCC”), which provides
`
`administrative and technical support to the day-to-day work of 3GPP. Furthermore,
`
`ETSI manages 3GPP’s IT services such as the 3GPP website, ftp server, and email
`
`exploders.
`
`22.
`
`3GPP is the world’s leading organization for developing and
`
`maintaining cellular telecommunications standards, which it has done since its
`
`foundation in 1998. As noted above and in my C.V., I began working for 3GPP, as
`
`part of my work at ETSI, the European-based organizational partner of 3GPP.
`
`23.
`
`In the ordinary course of its regularly conducted business activities, and
`
`pursuant to its standard business practices, 3GPP publishes technical specifications,
`
`proposals, reports, and other documents related to the development of cellular
`
`telecommunications standards. Such documents are published for the purposes of
`
`discussion and establishment of industry standards for cellular telecommunications.
`
`This has been 3GPP’s ordinary course of business since when I began working at
`
`ETSI in 1998.
`
`
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`24.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, all draft technical
`
`specifications, proposals, reports, and other temporary documents to be discussed or
`
`considered in relation to 3GPP’s telecommunications standards activities were, and
`
`continue to be, assigned a temporary document number and made publicly available,
`
`including on the ftp server associated with the 3GPP website, currently residing at
`
`ftp.3gpp.org. Such documents are referred to as “T-docs.” Final versions of the
`
`technical specifications also were, and continue to be, publicly available from that
`
`same ftp server.
`
`25. The names and the structure of 3GPP working groups, as of April 2007
`
`can be found reproduced below and at
`
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`https://web.archive.org/web/20071230120440/http://www.3gpp.org/TB/home.htm.
`
`TSG ORGANIZATION
`
`Project Co-ordination Group
`(PCG)
`
`TSGGERAN
`CSMEDGE
`Radlokc--Oltc
`
`TSGRAH
`R.dlo Attffl Notw0<k1
`
`TSGSA
`S.r,,oeu,
`Sy&t,mAapKII
`
`GERAN WG1
`Rldlo AIJ)lds
`
`GERAN WG2
`Ptolocol Al !'I'll
`
`GERAN WG3
`Tt,,,.,,1,rutng
`
`Q.OSb..C~vUPb
`O'l~nma-u I~
`lhCl•RNiACS
`CNI\C:1 . . CT ACI
`CNI\C2
`1WC2
`,hGl •<;T'll'GII
`C'O\Gl~Cl'II~
`
`C'lllf.&~CT'II~ -
`
`0<11-cs• CT 1,1;;
`
`(;EAA~ t.,~ ot<:EJW<J
`f,ffi,W>\G,•G~Wl
`
`RAN WG1
`Radt0L1y•1
`,p.c~lio•
`
`RAN WG2
`Radio layed RI: &
`
`Radiobyar3
`
`ape<
`
`RAN WG3
`••.,.c-•-,.c:•.-&
`
`"f'tAifOIII~• ... __...
`
`RAN WG4
`Raolo Ptffo-nc:e &
`PnllOCGI .-..pec1a
`
`RAN WG5
`&lob llt T •nnl oal
`Con!onnaoc:e T•lno
`
`SAWG1
`S..VlcH
`
`SAWG2
`Altl,ho<t.A
`
`SAWG3
`Stcurtly
`
`SAWG4
`CodK
`
`SAWG5
`TtlKO<II Uanallll"ltftl
`
`TSGCT
`Coi.N.twotll
`& Tlrmlnlla
`
`CTWG1
`UM.CC/SIi Ou)
`
`CTWG3
`lhtar,,Oil,no w,U,
`EmmllNttworu
`
`CTWG5
`OSA
`0poA Sorvka k -
`
`Apnl200/
`
`
`
`26. Each Technical Specification Group (TSG) or Working Group adopts
`
`a structured numbering system for the documents associated with their meetings,
`
`and those systems typically follow a consistent numbering system as shown in the
`
`following example: xminnzzzz. The numbering system normally comprises five
`
`logical elements: (1) x: a single letter corresponding to the TSG; where in 2007/2008
`
`x was one of R (Radio Access Network), C (Core and Terminals), S (Service and
`
`System Aspects), or G (GSM/EDGE Radio Access Network); (2) m: A single
`
`character corresponding to the Working Group identity (typically 1, 2, 3, etc.) or, in
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`the case of the TSG itself, the letter “P”; (3) i: Normally the hyphen character “-”;
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`(4) nn: the calendar year of the meeting to which the document was submitted; (5)
`
`zzzz: a running number.
`
`27.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, from December 1998
`
`onwards, 3GPP published all of its T-docs and all final versions of its technical
`
`specifications on its ftp server, which has always been easily and publicly accessible
`
`from its website and currently resides at ftp.3gpp.org.
`
`28. As early as December 1998, 3GPP’s ftp server was freely accessible to
`
`the general public with no login, password, or membership requirement.
`
`29. By 1999, at least 100 companies were members of 3GPP (by December
`
`2020: 719 companies), ranging from Bosch to Ericsson to Nokia to Samsung and
`
`generally including those interested in the discussion, creation, and adoption of
`
`cellular telecommunications standards, including UMTS. Each of these companies
`
`typically delegated multiple individuals to regularly participate in 3GPP meetings.
`
`Further, pursuant to 3GPP’s standard business practices, 3GPP working groups sent
`
`emails notifying these individuals as soon as new or additional documents had been
`
`uploaded to 3GPP’s ftp server. Thus, not only did the general public have access to
`
`the documents on the ftp server, but some of the most interested members of the
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`public—those working to develop standards for cellular telecommunication or
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`working to implement the standards—were personally informed of their availability
`
`by email. Based on my experience with 3GPP and the telecommunications industry,
`
`I would expect any person implementing a cellular network or device, e.g., an LTE
`
`network or device, to consult the corresponding specifications on the 3GPP ftp
`
`server, as well as other related documents. The whole purpose of 3GPP creating and
`
`making these specifications available was so that engineers and other individuals
`
`would have ready access to them when developing and implementing cellular
`
`networks and devices.
`
`30. By June 1999, 3GPP’s ftp server was well-known to persons in the
`
`cellular telecommunications industry as a source of public information regarding
`
`industry standards and technological advances.
`
`31.
`
`3GPP specifications bear a specification number consisting of four or
`
`five digits, e.g., 09.02 or 29.002. The first two digits define the specification series
`
`which are defined to group the different aspects of the 3GPP system into e.g.
`
`requirements, service aspects, radio aspects codecs, security aspects, and test
`
`specifications. The series digits are followed by two additional digits for the 01 to
`
`13 series or three further digits for the 21 to 55 series. The subjects of the individual
`
`specification
`
`series
`
`are
`
`explained
`
`on
`
`3GPP’s
`
`website
`
`at
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`https://www.3gpp.org/specifications/specification-numbering,
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`and
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`reproduced
`
`below:
`
`Subject of specification series
`
`General information (long defunct)
`
`Requirements
`
`Service aspects r·stage 1")
`
`Technical realization ("stage 2")
`
`3G and beyond I GSM
`(R99 and later)
`
`GSM only (Re~
`4 and later)
`
`GSMonly
`(before Rel-4)
`
`J 21 series
`J 23senes
`
`22 series
`
`41 series
`
`42 series
`
`43 series
`
`00 series
`
`I 01 series
`I 03series
`
`02 series
`
`Signalling protocols ("stage 3") - user equipment to network
`
`24 series
`
`44 series
`
`04 series
`
`Radio aspects
`
`CODECS
`
`Data
`
`25 series
`
`26 series
`
`27 series
`
`45 series
`
`05 series
`
`46 series
`
`47 series (none
`exists)
`
`06 series
`
`07 series
`
`Signalling protocols ("stage 3··) -(RSS-CN) and OAM&P and
`Charging (overflow from 32.- range)
`
`28 series
`
`48 series
`
`Signalling protocols ("stage 3") - intra-fixed-network
`
`1 29series
`
`Programme management
`
`30 series
`
`Subscriber ldenttty Module (SIM/ USIM), IC Cards. Test
`specs.
`
`131 senes
`
`32 series
`
`eries
`
`35 series
`
`49 series
`
`50 series
`
`51 series
`
`52 series
`
`13 series (1)
`
`(2)
`
`(2)
`
`55 series
`
`08 series
`
`I 09series
`111 series
`
`10 series
`
`12 series
`
`13 series (1)
`
`(2)
`
`11 series
`
`(4)
`
`
`
`OAM&P and Charging
`
`Access requirements and test specifications
`
`Security aspects
`
`UE and (U)SIM test specifications
`
`Security algorithms (3)
`
`LTE (Evolved UTRA), LTE-Advanced, LTE-Advanced Pro
`radio technology
`
`Multiple radio access tecllnology aspects
`
`Radio technology beyond L TE
`
`37 series
`
`~
`
`enes
`
`=t~·
`1 36 series l
`
`32. The LTE radio standard is covered in the “36 series” and is further
`
`subdivided into separate sections or specifications. The LTE radio specification
`
`starts at TS 36.101 and ends at TR 36.978. Excluding withdrawn specifications, the
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`LTE standard consists of more than 250 specifications. Each specification can span
`
`from a few pages to hundreds of pages. One full version of the LTE standard is
`
`massive, spanning tens of thousands of pages.
`
`33.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, T-docs are usually
`
`uploaded to 3GPP’s ftp server and website before the meeting where they are to be
`
`discussed. Documents created or revised during the course of a meeting are
`
`normally uploaded at the latest during the week following the meeting (e.g., the
`
`meeting report of the meeting is usually published for review during the week
`
`following the meeting).
`
`34.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, 3GPP maintains archives
`
`that include different versions of the specifications, as well as email communications
`
`to its membership, including emails announcing the uploading of new or additional
`
`documents to 3GPP’s ftp server. These archives are created at the time the emails
`
`are initially sent.
`
`35.
`
`3GPP specifications almost always are duplicated in at least two and
`
`sometime more locations on the ftp server. One location corresponds to a “snapshot”
`
`of the specifications corresponding to a particular plenary meeting cycle, e.g., the
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`2018-12 snapshot contains a snapshot of numerous specifications after the December
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`2018 3GPP plenary meetings. The second location is an “archive” that contains all
`
`versions over time for a given specification. While 3GPP aims to upload the updated
`
`specifications to both locations at the same time, occasionally there may be a small
`
`difference in the upload date, and thus the date stamp, for the same specification
`
`uploaded to the two locations. Additionally, specifications which are not yet
`
`approved (so call “draft” specifications) are available as T-docs at working group
`
`and at plenary meetings (as soon the working group decides to submit the
`
`specification to the plenary meeting for information or approval).
`
`36. The timestamp on 3GPP’s ftp server shows the date when the document
`
`was uploaded the last time. Thus, the timestamp shows the latest possible date the
`
`document became publicly available and accessible on 3GPP’s ftp server. The given
`
`document might have been available earlier and the original timestamp might have
`
`been overwritten because the document was uploaded again. According to my
`
`experience, this is something which happened quite frequently. Thus, the ftp
`
`timestamp is reliable as the latest possible upload date but one cannot determine
`
`whether it represents the first upload of a document to the ftp server.
`
`37.
`
`3GPP’s working practice to store their documents on their ftp server, as
`
`described above, has not changed over time. Starting from the first 3GPP meetings
`
`15
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`
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`Samsung Ex. 1012
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`
`
`Declaration of Friedhelm Rodermund
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`in 1998 until present, all WGs and plenary meetings are represented by dedicated
`
`meeting folders on the ftp server. These meeting folders include the documents
`
`discussed at the meetings. Both the folders and the documents are accessible to the
`
`public. Almost every week, a new meeting folder with the respective documents is
`
`added. In addition to the plenary and WG meeting folders, and some other folders,
`
`there is also the “Specs” folder, which holds all 3GPP specifications including the
`
`aforementioned “snapshot” and archive folders. Since the early days of 3GPP a new
`
`folder is added inside the “Specs” folder after each TSG plenary meeting to hold the
`
`latest versions of specifications approved at those TSG plenary meetings. This is still
`
`3GPP’s working practice today; thus, this practice has not changed over time.
`
`B.
`
`Specific Documents
`
`1.
`
`TR 36.805 V9.0.0
`
`38. Based on my personal knowledge and my review of 3GPP’s business
`
`records, I recognize Ex. 1009 as a true and correct copy of version 9.0.0 of technical
`
`specification 3GPP TR 36.805 (“Technical Specification Group Radio Access
`
`Network; Study on Minimization of drive-tests in Next Generation Networks
`
`(Release 9)”), which shows on its cover page “2009-12” as the year (2009) and
`
`month (December) during which this document was released by 3GPP. The
`
`document was published and freely available on 3GPP’s ftp server by December 21,
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`16
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`
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`Samsung Ex. 1012
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`
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`Declaration of Friedhelm Rodermund
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`2009. This is confirmed by the date stamp shown on the historic 3GPP ftp server for
`
`the corresponding downloadable file (“36805-900.zip”), as maintained by the
`
`Internet Archive at
`
`https://web.archive.org/web/20131226031710/http://www.3gpp.org/ftp/Specs/archi
`
`ve/36_series/36.805. This information is also shown on the date stamp for the
`
`present-day listing of the same document on the 3GPP ftp server at
`
`
`
`https://www.3gpp.org/ftp/specs/archive/36_series/36.805, as shown by the screen
`
`~ ftp.3gpp.org - FTP
`
`'¥1
`
`[ Unregistered j
`
`shot below:
`• •
`~ ft .3gpp.org =-
`
`Open Connection
`(cid:141)
`
`Quick Connect
`
`Action Refresh
`
`cl t
`
`Disconnect
`
`(cid:141)
`
`•
`
`/Specs/archiv ... _series/36.805
`
`=iiename
`
`" Size
`
`Modified
`
`36805-020.zip
`36805-030.zip
`36805-1 00.zip
`36805-11 0 .zip
`36805-1 20.zip
`36805-1 21 .zip
`36805-1 30.zip
`36805-1 31 .zip
`36805-200.zip
`111 36805-900.zip
`
`10 Files
`
`155.2 ... 1 1.09.09, 08:55
`157.9 ... 1 1.09.09, 09:03
`158.3 ... 06.06.09, 12:02
`165.3 ... 08.09.09, 11 :oo
`172.0 ... 08.09.09, 11 :oo
`177.3 ... 02.1 2.11 , 12:54
`176.3 ... 30.01 .10, 17:18
`187.6 ... 02.1 2.11 , 12:53
`180.1 ... 05.01 .10, 11 :19
`178 .8... 21 .12.09, 03:31
`
`
`
`17
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`
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`Samsung Ex. 1012
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`
`
`Declaration of Friedhelm Rodermund
`
`39.
`
`In addition, metadata information for the downloaded and extracted
`
`specification file states a last Modified date of “10. Dec 2009”, as shown in the
`
`screen shot below:
`
`3GPP TR 36.805 V9.o.o c2<J09.12>
`m;v;,;;:
`3rd Ge.neratlon PartMtshl p Project;
`Tech nical Specification Group R•lio Acc.ss Network;
`Study on Mlnlrrlatlon of drfve.-tests
`In Next Gene111Uon Netwotks;
`{Releaa. 9)
`
`____ .. ___ :-_,.. .. ___ : ..... -.... -
`
`:====-==:;:::::==.-.. .._-::=:---
`
`-(cid:173)
`~--
`
`...... ~--""""""'-...-"'1(1......,_ .........
`SopMl-,bo---.p•-.,_,...._
`o ___ __ _ ,:,;,i,....,n..,~
`
`-••--•rni-••-••-
`-
`... --•""'-•.,-••-••--o.---
`::.:.~':"'a:".;:""..;:,.=:.=;:':'..::::..::-.... · -~ -
`
`36805-900.doc
`423 KB
`
`Information
`
`Created
`Modified
`
`10. Dec 2009 at 03:29
`10. Dec 2009 at 03:29
`
`
`
`40. Thus, based on my personal knowledge and experience with ETSI’s
`
`and 3GPP’s standard business practices, this information tells me that this document
`
`18
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`
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`Samsung Ex. 1012
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`
`
`Declaration of Friedhelm Rodermund
`
`was available to all 3GPP members and the general public by December 21, 2009,
`
`at the latest.
`
`V.
`
`AVAILABILITY FOR CROSS-EXAMINATION
`
`41.
`
`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
`
`42.
`
`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.
`
`
`
`
`
`
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`19
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`Samsung Ex. 1012
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`
`
`Declaration of Friedhelm Rodermund
`
`B.
`
`43.
`
`Signature
`
`I declare that all statements made herein of my own knowledge are true
`
`and that all statements made on information and belief are believed to be true; and
`
`further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`44.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`Dated: February 12, 2021
`
`____________________________
`Friedhelm Rodermund
`
`20
`
`
`
`Samsung Ex. 1012
`
`
`
`(cid:36)(cid:83)(cid:83)(cid:72)(cid:81)(cid:71)(cid:76)(cid:91) (cid:36)
`
`Samsung Ex. 1012
`
`
`
`CURRICULUM VITAE
`
`
`
`I. PERSONAL DATA
`
`Name:
`
`
`Mailing address:
`
`Friedhelm RODERMUND
`
`Phone:
`
`
`Am Steiner Graben 18
`56077 Koblenz, Germany
`
` +49 172 2606489
`
`friedhelm.rodermund@iotecc.com
`
`Email:
`
`
`
`II. PROFESSIONAL EXPERIENCE
`
`Summary
`
`Senior expert in telecommunications and Internet of Things (IoT) technology. 25 years of experience within the
`mobile communications industry, and several years in the IoT domain in various roles such as project
`management, technology innovation and evolution, standards development, technology strategy, patent
`creation and support of patent litigations, and development/introduction of new services.
`
`Widely recognized standards expert who was actively involved in leading roles in the development of key
`standards for mobile telephony/data and service anablers across standards development organizations such
`as 3GPP, ETSI, GSMA, IETF, OMA, and oneM2M. Currently focussing on standards for the Internet of Things.
`
`Founder and director of IOTECC GmbH which provides consulting services around technologies and
`standards enabling the Internet of Things, and provides consulting services related to patents for mobile
`telcommunications and IoT.
`
`
`01/2015 – present
`
` Koblenz, Germany
`
`IOTECC GmbH
`
`Founder and CEO
`Ø Mobile telecommunications, Internet of Things (IoT) and Machine to Machine (M2M)
`technology and standards consulting
`Ø Telecommunications and IoT patent consulting
`o Consulting services around telecommunications and IoT patents in particular
`related to ETSI, 3GPP, and OMA standards
`o State of the art/prior art research services related to patent creation e.g. for new
`5G patents
`o Prior art research, patent infringement analysis related to litigations and validity
`actions
`o Advising on Standards Development Organisations (SDO) working processes
`and IPR policy, ETSI IPR Special Committee delegate
`o Experienced expert witness (please see section III for a list of supported actions)
`
`Friedhelm Rodermund Consulting
`
`Internet of Things (IoT) Consultant
`o M2M/IoT standards development and introduction of new M2M/IoT services
`
` Koblenz, Germany
`
`
`11/2014 – 12/2014
`
`
`
`
`
`
`
`Curriculum Vitae – Friedhelm RODERMUND
`
`
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`Page 1 of 7
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`Samsung Ex. 1012
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`
`
`CURRICULUM VITAE
`01/2011 – 10/2014 Vodafone Germany / Vodafone Group R&D
`
`Senior Standards Strategist
`o Representing Vodafone in various standardisation bodies
`o Driving the standardisation of the Internet of Things
`o Work item lead, technical editor and key contributor of Open Mobile Alliance (OMA)
`“Lightweight M2M (LwM2M)” – the new standard for the Internet of Things
`o Advising and supporting various M2M projects related to e.g. automotive, smart
`metering, health, industry
`o Advising on the introduction of new M2M technologies and services
`o Leading Proof of Concepts of emerging technologies
`o Involved in innovation projects
`o Supporting the creation and protection of Intellectual Property
`
`Düsseldorf, Germany
`
`Düsseldorf, Germany
`
`
`
`01/2009 – 12/2010 Vodafone Germany
`
`Vice Chairman Open Mobile Alliance (OMA) Device Management (DM)
`o Responsible for Vodafone’s Device Management standardisation
`o As OMA DM Vice Chairman, co-leading the group, chairing committee meetings and
`web conferences, steering the technical direction, management of the different work
`items
`o Editor of several specifications, rapporteur of various work items
`o Support of projects for the introduction of device management
`o Delegate to 3GPP SA1 where I was responsible for the introduction of MTC
`(machine type communications) related service/network requirements
`
`Düsseldorf, Germany
`
`
`
`
`0