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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. 9,860,044
`
`Case IPR2021-TBD
`
`
`
`DECLARATION OF DR. APOSTOLOS K. KAKAES, PH.D.
` IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT NO. 9,860,044
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`Samsung Ex. 1003
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`Ex. 1003 - Declaration of Apostolos Kakaes, Ph.D.
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`TABLE OF CONTENTS
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`Page
`INTRODUCTION ........................................................................................... 1
`I.
`BACKGROUND AND QUALIFICATIONS ................................................. 2
`II.
`III. MATERIALS AND OTHER INFORMATION CONSIDERED ................... 8
`IV. UNDERSTANDING OF PATENT LAW ....................................................10
`V.
`SUMMARY OF OPINIONS .........................................................................13
`VI. OVERVIEW OF THE TECHNOLOGY .......................................................13
`VII. Overview of the ’044 Patent ..........................................................................17
`A.
`Claims ..................................................................................................17
`B.
`Summary of the Specification .............................................................17
`C.
`Summary of the Prosecution History ..................................................20
`VIII. LEVEL OF ORDINARY SKILL IN THE ART ...........................................21
`IX. OVERVIEW OF THE PRIOR ART REFERENCES ...................................23
`A. Overview of Motorola .........................................................................23
`B.
`Overview of LTE Release 8 Standards (TS 36.211, TS 36.213) ........25
`X. DETAILED ANALYSIS OF BASES OF INVALIDITY ............................36
`A. Motorola in view of LTE Release 8 TS 36.211 and TS 36.213
`Standards Renders Obvious All Challenged Claims ...........................36
`1.
`Reasons to Combine Motorola and LTE Release 8 TS
`36.211 and TS 36.213 Standards ..............................................36
`Independent Claim 1 .................................................................42
`a.
`Preamble: “A method implemented by a base station
`of receiving control information from a user terminal,
`the method comprising:” ................................................42
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`2.
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`i
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`3.
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`4.
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`5.
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`c.
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`d.
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`b.
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`Element [1.1]: “scheduling downlink transmissions
`to a first user terminal only on a single downlink
`component carrier associated with a primary cell and
`scheduling downlink transmissions to a second user
`terminal on multiple downlink component carriers or
`on a downlink component carrier associated with a
`non-primary cell;” ...........................................................43
`Element [1.2]: “receiving, on a first set of radio
`resources, control information associated with the
`downlink transmissions to the first user terminal,
`wherein the first set of radio resources is reserved for
`a user terminal scheduled to receive downlink
`transmissions only on a single downlink component
`carrier associated with the primary cell; and” ................47
`Element [1.3]: “receiving, on a second set of radio
`resources, control information associated with the
`downlink transmissions to the second user terminal,
`wherein the second set of radio resources is reserved
`for a user terminal scheduled to receive downlink
`transmissions on multiple downlink component
`carriers or on a downlink component carrier
`associated with a non-primary cell, the first and
`second sets of radio resources being on a same uplink
`component carrier associated with the primary cell.” ....51
`Dependent Claim 2....................................................................56
`a.
`“The method of claim 1, wherein the first and second
`sets of radio resources are different.” .............................56
`Dependent Claim 3....................................................................58
`a.
`“The method of claim 2, wherein the second set of
`radio resources are additional resources as compared
`to the first set of radio resources.” ..................................58
`Dependent Claim 4....................................................................61
`a.
`“The method of claim 1, further comprising
`transmitting control information to the first user
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`7.
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`8.
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`6.
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`terminal to explicitly indicate the first set of radio
`resources on the uplink component carrier associated
`with the primary cell.” ....................................................61
`Dependent Claim 5....................................................................63
`a.
`“The method of claim 1, further comprising
`providing the first user terminal with an implicit
`indication to dynamically assign radio resources in
`said first set of radio resources.” ....................................63
`Dependent Claim 6....................................................................65
`a.
`“The method of claim 5, wherein the implicit
`indication is a control channel element (CCE) of a
`Physical Downlink Control Channel (PDCCH) used
`for scheduling the first user terminal.” ...........................65
`Dependent Claim 7....................................................................65
`a.
`“The method of claim 1, further comprising
`transmitting control information to the second user
`terminal on a downlink component carrier to
`implicitly or explicitly indicate the second set of
`radio resources on the uplink component carrier
`associated with the primary cell.” ..................................65
`Dependent Claim 8....................................................................67
`a.
`“The method of claim 7, wherein at least one of the
`first and second sets of radio resources is indicated
`explicitly by an uplink control channel resource
`index.” .............................................................................67
`10. Dependent Claim 9....................................................................68
`a.
`“The method of claim 8, wherein an explicit
`indication related to the second set of radio resources
`is transmitted as radio resource control signaling.” .......68
`11. Dependent Claim 10 .................................................................70
`a.
`“The method of claim 1, further comprising
`transmitting, on the single downlink component
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`9.
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`carrier, an assignment of radio resources in the
`second set of radio resources when the second user
`terminal is scheduled to receive the downlink
`transmissions on the multiple downlink component
`carriers or on the downlink component carrier
`associated with the non-primary cell.” ...........................70
`12. Dependent Claim 11 .................................................................73
`a.
`“The method of claim 10, wherein the assignment of
`radio resources in said second set of radio resources
`is an acknowledgement resource indication to
`dynamically assign radio resources to the second user
`terminal when the second user terminal is scheduled
`to receive downlink transmissions on the multiple
`downlink component carriers or on the downlink
`component carrier associated with the non-primary
`cell.” ................................................................................73
`13. Dependent Claim 15 .................................................................75
`a.
`“The method of claim 1, wherein the first user
`equipment is the same as the second user
`equipment.” .....................................................................75
`14. Dependent Claim 16 .................................................................76
`a.
`“The method of claim 1, wherein the first user
`equipment is different from the second user
`equipment” ......................................................................76
`Independent Claim 17 ...............................................................76
`a.
`Preamble: “A base station comprising:”.........................76
`b.
`Element [17.1]: “a transmitter to transmit user data
`on one or more downlink component carriers to a
`first user terminal and a second user terminal; and” ......76
`Element [17.2]: “a controller to schedule downlink
`transmissions to the first user terminal and the second
`user terminal, the controller configured to:” ..................77
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`15.
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`c.
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`b.
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`c.
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`16.
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`Independent Claim 18 ...............................................................78
`a.
`Preamble: “A method implemented by a user
`terminal of transmitting control information in a
`mobile communication network, the method
`comprising:” ...................................................................78
`Element [18.1]: “receiving an assignment of radio
`resources for downlink transmissions from a base
`station;” ...........................................................................79
`Element [18.2]: “transmitting, on a first set of radio
`resources, control information associated with the
`downlink transmissions responsive to being assigned
`radio resources only on a single downlink component
`carrier associated with the primary cell for the
`downlink transmission, wherein the first set of radio
`resources is reserved for a user terminal scheduled to
`receive downlink transmissions on a single downlink
`component carrier associated with the primary cell;
`and” .................................................................................80
`Element [18.3]: “transmitting, on a second set of
`radio resources, control information associated with
`the downlink transmissions responsive to being
`assigned radio resources on multiple downlink
`component carriers or on a downlink component
`carrier assoiated with a non-primary cell for the
`downlink transmission, wherein the second set of
`radio resources is reserved for a user terminal
`scheduled to receive downlink transmissions on
`multiple downlink component carriers or on a
`downlink component carrier associated with a non-
`primary cell, the first and second sets of radio
`resources being on a same uplink component carrier
`associated with the primary cell.” ..................................80
`17. Dependent Claim 19 .................................................................81
`a.
`“The method of claim 18, wherein the first and
`second sets of radio resources are different.” .................81
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`18. Dependent Claim 20 .................................................................81
`a.
`“The method of claim 19, wherein the second set of
`radio resources are additional resources as compared
`to the first set of radio resources.” ..................................81
`19. Dependent Claim 21 .................................................................81
`a.
`“The method of claim 18, further comprising
`receiving control information from the base station
`explicitly indicating the first set of radio resources on
`the uplink component carrier associated with the
`primary cell.” ..................................................................81
`20. Dependent Claim 22 .................................................................82
`a.
`“The method of claim 21, wherein said receiving the
`control information comprises receiving an uplink
`control channel resource index explicitly indicating
`said first set of radio resources.” ....................................82
`21. Dependent Claim 23 .................................................................82
`a.
`“The method of claim 22, wherein an explicit
`indication relating to the second set of radio
`resources is received as radio resource control
`signaling.” .......................................................................82
`22. Dependent Claim 24 .................................................................82
`a.
`“The method of claim 18, further comprising
`receiving an implicit indication to dynamically assign
`radio resources in said first set of radio resources.” .......82
`23. Dependent Claim 25 .................................................................82
`a.
`“The method of claim 24, wherein the implicit
`indication is a control channel element (CCE) of a
`Physical Downlink Control Channel (PDCCH) on
`which the assignment of radio resources for downlink
`transmissions is received.” .............................................82
`24. Dependent Claim 26 .................................................................83
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`26.
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`“The method of claim 18, further comprising
`receiving, on the single downlink component carrier,
`an assignment of radio resources in the second set of
`radio resources when the user terminal is scheduled
`to receive the downlink transmissions on the multiple
`downlink component carriers or on the downlink
`component carrier associated with the non-primary
`cell.” ................................................................................83
`25. Dependent Claim 27 .................................................................83
`a.
`“The method of claim 26, wherein the assignment of
`radio resources in said second set of radio resources
`is an acknowledgement resource indication to
`dynamically assign radio resources when the user
`terminal is scheduled to receive downlink
`transmissions on the multiple downlink component
`carriers or on the downlink component carrier
`associated with the non-primary cell.” ...........................83
`Independent Claim 33 ...............................................................83
`a.
`Preamble: “A user terminal for mobile
`communications, the user terminal comprising:” ...........83
`Element [33.1]: “a receiver to receive downlink
`transmissions from a base station;” ................................84
`Element [33.2]: “a transmitter to transmit control
`information associated with the downlink
`transmission to a base station; and” ................................84
`Element [33.3]: “a controller to select radio resources
`for transmission of control information associated
`with the downlink transmissions, the controller
`configured to:” ................................................................84
`27. Dependent Claim 34 .................................................................86
`a.
`“The user terminal of claim 33, wherein the
`controller is further configured to select, as the
`second set of radio resources, a set of radio resources
`different than the first set of radio resources.” ...............86
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`b.
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`c.
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`d.
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`28. Dependent Claim 35 .................................................................86
`a.
`“The user terminal of claim 34, wherein the
`controller is further configured to select, as the
`second set of radio resources, additional resources as
`compared to the first set of radio resources.” .................86
`29. Dependent Claim 36 .................................................................86
`a.
`“The user terminal of claim 33, wherein the
`controller is further configured to receive control
`information from the base station explicitly
`indicating the first set of radio resources on the
`uplink component carrier associated with the primary
`cell.” ................................................................................86
`30. Dependent Claim 37 .................................................................86
`a.
`“The user terminal of claim 36, wherein the
`controller is further configured to receive, as the
`control information, an uplink control channel
`resource index explicitly indicating said first set of
`radio resources.” .............................................................86
`31. Dependent Claim 38 .................................................................87
`a.
`“The user terminal of claim 37, wherein the
`controller is further configured to receive radio
`resource control signaling including an explicit
`indication relating to the second set of radio
`resources.” ......................................................................87
`32. Dependent Claim 39 .................................................................87
`a.
`“The user terminal of claim 33, wherein the
`controller is further configured to receive an implicit
`indication to dynamically assign radio resources in
`said first set of radio resources.” ....................................87
`33. Dependent Claim 40 .................................................................87
`a.
`“The user terminal of claim 39, wherein the implicit
`indication comprises a control channel element
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`(CCE) of a Physical Downlink Control Channel
`(PDCCH) on which the assignment of radio
`resources for downlink transmissions is received.” .......87
`34. Dependent Claim 41 .................................................................87
`a.
`“The user terminal of claim 33, wherein the
`controller is further configured to receive, on the
`single downlink component carrier, an assignment of
`radio resources in the second set of radio resources
`when the user terminal is scheduled to receive the
`downlink transmissions on the multiple downlink
`component carriers or on the downlink component
`carrier associated with the non-primary cell.” ................87
`XI. SECONDARY CONSIDERATIONS ...........................................................88
`XII. CONCLUSION ..............................................................................................88
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`Samsung Ex. 1003
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`Ex. 1003 - Declaration of Apostolos Kakaes, Ph.D.
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`I, Dr. Apostolos K. “Paul” Kakaes, hereby declare as follows:
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`I.
`1.
`
`INTRODUCTION
`I have been retained as an expert witness on behalf of Samsung Electronics
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`Co., Ltd. (“Samsung” or “Petitioner”) to offer technical opinions related to U.S.
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`Patent No. 9,860,044 (Ex. 1001, “the ʼ044 Patent”). I understand that Petitioner
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`requests that the Patent Trial and Appeal Board (“PTAB” or “Board”) institute an
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`inter partes review (“IPR”) proceeding of the ʼ044 Patent.
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`2.
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`I have been asked to provide my independent analysis of the ʼ044 Patent in
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`light of the prior art patents and publications cited below.
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`3.
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`Specifically, I have been asked to provide my opinions regarding whether or
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`not claims 1-11, 15-27, 33-41 (the “Challenged Claims”) of the ʼ044 Patent are
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`invalid as being anticipated and/or obvious to a person having ordinary skill in the
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`art (a POSITA) at the time of the alleged invention.
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`4.
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`The ʼ044 Patent is entitled “PUCCH RESOURCE ALLOCATION FOR
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`CARRIER AGGREGATION IN LTE-ADVANCED.” The named inventors are
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`David Astely, Robert Baldemair, Dirk Gerstenberger, Daniel Larsson, Lars
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`Lindbom, and Stefan Parkvall.
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`5.
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`The named assignee of the ʼ044 Patent is Telefonaktiebolaget LM Ericsson
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`(henceforth “Ericsson”).
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`1
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`Ex. 1003 - Declaration of Apostolos Kakaes, Ph.D.
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`6.
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`The ʼ044 Patent issued on January 2, 2018 from U.S. Application No.
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`15/350,360 (the ’360 Application) filed on November 14, 2016. The ’360
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`Application is a continuation of U.S. Application No. 12/896,993, filed on October
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`14, 2010, now U.S. Pat. No. 9,497,004, issued on November 15, 2016, and claims
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`the benefit of U.S. Provisional Patent Application 61/248,661, filed on October 5,
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`2009.
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`7.
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`For the purposes of my Declaration, I have been asked to assume that the
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`priority date of the alleged invention recited in the Ericsson ’044 Patent is October
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`5, 2009 (hereinafter the “Priority Date”).
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`8.
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`I am not currently, and never have been, an employee of Samsung. I received
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`no compensation for this Declaration beyond my normal hourly compensation based
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`on my time actually spent analyzing the ’044 Patent, the prior art patents and
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`publications cited below, and issues related thereto, and my compensation is not
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`dependent on my opinions or the result of this proceeding. I have no financial
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`interest in Samsung.
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`II. BACKGROUND AND QUALIFICATIONS
`I am over the age of 18 and am competent to write this Declaration. I have
`9.
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`personal knowledge, or have developed knowledge of these technologies based upon
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`education, training, or experience, of the matters set forth herein. My relevant
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`experience includes a deep understanding of the systems that we broadly refer to as
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`“1G,” “2G,” ‘‘3G,” “4G,” and “5G” communications systems.
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`10. My CV, which includes my complete education and work experience, is
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`included as Ex. 1004. I describe several relevant aspects of my experience below.
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`11.
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`I am an expert in the field of communication engineering and specifically,
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`among others, the field of wireless communications. I have almost 40 years of
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`experience in electrical engineering and computer science and in fixed and mobile
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`communications networks. I attended the University of Colorado from 1974 to 1980,
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`during which I earned a Bachelor of Science (B.S.) and a Master of Science (M.S.)
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`in applied mathematics with a minor in electrical engineering. I attended the
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`Polytechnic Institute of New York between 1982 and 1988, during which I earned a
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`Doctor of Philosophy (Ph.D.) in electrical engineering, with a thesis titled
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`“Topological Properties and Design of Multihop Packet Radio Networks.” While
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`pursuing the Ph.D. degree, I held a joint appointment as Special Research Fellow
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`and Adjunct Instructor at the Polytechnic Institute of New York between 1985 and
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`1986.
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`12. Between 1982 and 1987, I worked at AT&T Bell Laboratories in Holmdel,
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`New Jersey. While at AT&T Bell Laboratories, I worked on modeling, analysis,
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`design, and performance evaluation of voice and data networks. I developed
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`algorithms for DNHR (Dynamic, Non-Hierarchical Routing) used in the telephone
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`network. I also analyzed advanced data services and formulation of long-term plans
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`for development of enhanced data services and network design tools to support such
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`services.
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`13.
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`I was an Assistant Professor of Electrical Engineering and Computer Science
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`at The George Washington University (GWU), Washington, D.C., between 1987 and
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`1994. During my association with GWU, I taught graduate courses in the area of
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`communication engineering, including communication theory, coding theory, voice
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`and data networking, and mobile communications. In the early 1990s I developed
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`and taught the first course on Mobile Communications taught at GWU to Electrical
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`Engineering graduate students. I also received several research awards/grants,
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`including the prestigious NSF Research Initiation Award.
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`14.
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`In 1988, I founded Cosmos Communications Consulting Corporation
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`(“Cosmos”), which is a private communications engineering consulting firm
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`specializing in mobile communications, and I have been the President of the
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`company since its founding. Since 1994, I have worked full-time at Cosmos. At
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`Cosmos, among various activities, I have consulted on high level technology-related
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`issues and trends to corporate entities, governmental agencies, and international
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`organizations, such as the United Nations. I have provided technical consultancy to
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`engineering firms, operators, and equipment vendors on issues related to existing or
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`evolving technologies for mobile communications, and to the investment
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`community on issues related to both fixed and wireless communications
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`technologies. I developed and taught hundreds of courses to thousands of engineers
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`around the world in the area of communication engineering, mostly in the area of
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`mobile, wireless communications. I have served as consultant on both civil and
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`criminal legal cases, including several patent infringement cases both at the ITC and
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`in district court as well as in support of IPRs such as the one in this case. I also
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`participated as a technical consultant in the analysis of large patent portfolios for the
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`purposes of due diligence, sales, and merger and acquisition activities for some of
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`the largest companies in the mobile communications space. These projects spanned
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`a multidimensional spectrum of
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`technologies
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`in both fixed and mobile
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`communications as they have evolved over the past more than 30 years.
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`15. Over the course of my career, I have authored and co-authored some thirty
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`(30) publications on various aspects of fixed and mobile communications, as noted
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`in my curriculum vitae. I am a life member of the Institute of Electrical and
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`Electronics Engineers (IEEE) and have been actively
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`involved
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`in
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`the
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`Communications Society and the Information Theory Society of the IEEE. Between
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`1991 and 1992, I served as the Secretary of IEEE Communications Society National
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`Capital Area Chapter. Between 1992 and 1993, I was the Vice-Chair of IEEE
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`Communications Society National Capital Area Chapter. I was the Vice-Chair of the
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`Communication Theory Technical Committee of the Communications Society of the
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`IEEE for the 1993-1996 term, and Treasurer of the Communication Theory
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`Technical Committee of the Communications Society of the IEEE for the 1996-1999
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`term.
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`16.
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`I have served as a reviewer for the IEEE, book editors, other technical
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`publications, and various National Science Foundation (NSF) Panels. I have
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`organized technical sessions in technical conferences, including the IEEE
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`International Conference on Communications
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`(ICC) and
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`IEEE Global
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`Communications Conference (Globecom). I served as the Technical Program Chair
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`for the Communication Theory Mini-Conference in 1992.
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`17. During the past 35+ years, I have been lucky enough to be part of the
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`community of engineers that have contributed to the astounding growth of the
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`mobile communications industry. It started from a niche industry that was thought
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`of as being something for the “rich and the famous” to becoming one of the most
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`wide-spread household concepts, providing useful tools to all segments of the global
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`society, from the wealthy suburbs of New York to the poorest neighborhoods in
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`Africa and everywhere in between.
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`18. My involvement in this industry included providing consulting services to
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`company executives who needed to make deployment plans, taking into
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`consideration the strengths and weaknesses of the technology, economics, user
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`value, etc. As such, I have developed a deep understanding of all aspects of a given
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`technology, its features, added value, and the like. In addition, my consulting
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`services included developing courses for the companies that were at the forefront of
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`this developing technology. By definition, this new, previously non-existent
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`technology was not taught in university courses, as it was too new. Having
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`developed hundreds of courses over the years and taught thousands of engineers (and
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`non-engineers alike), I have a solid understanding and knowledge of the technical
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`developments and how their importance fits in the larger puzzle of a fast-developing
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`technology.
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`19. My consulting included providing training to engineers in the field that were
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`deploying the various networks. For example, I developed courses and provided
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`training and consulting to the engineers deploying some of the earliest GSM networks
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`in Germany and France, to be followed by many countries in Europe and around the
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`world, including the USA when it was decided that GSM would be used in the USA.
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`Successful deployments of the initial GSM systems were followed by deployments of
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`GPRS and EDGE, which was then followed by deployments of 3G UMTS systems
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`world-wide. Of course, the 3G systems were followed by the currently most wide-
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`spread deployments of 4G systems, also referred to as LTE, world-wide and most
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`recently deployments of 5G networks. Thus, my experience includes a deep
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`understanding of the entirety of each system that we broadly refer to as “1G,” “2G,”
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`‘‘3G,” “4G”, and “5G.”
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`Ex. 1003 - Declaration of Apostolos Kakaes, Ph.D.
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`III. MATERIALS AND OTHER INFORMATION CONSIDERED
`In forming the opinions expressed in this Declaration, I relied upon my
`20.
`
`education and many years of experience in the relevant field of the art and have
`
`considered the viewpoint of a person having ordinary skill in the art (a POSITA) as
`
`of the Priority Date of the ʼ044 Patent.
`
`21.
`
`I have considered the materials referenced in this Declaration, including the
`
`’044 Patent, its file history, and other documents listed in the Exhibit List to the ʼ044
`
`Petition. In particular, I have considered the prior art references listed in the Table
`
`below.
`
`Prior Art
`
`R1-090792, “Control Signalling Design for
`Supporting Carrier Aggregation,” 3GPP TSG
`RAN1 Meeting #56, submitted by Motorola to
`3GPP for discussion on February 9-13, 2009
`(“Motorola”) (Ex. 1007)
`R1-083679, “UL Layered Control Signal
`Structure in LTE-Advanced,” 3GPP TSG RAN
`WG1 Meeting #54bis, submitted by NTT
`DOCOMO to 3GPP for discussion on September
`29-October 3, 2008 (“Docomo”) (Ex. 1008)
`“Evolved Universal Terrestrial Radio Access (E-
`UTRA); Physical Channels and Modulation,”
`3GPP TS 36.211, Version 8.5.0 (Release 8),
`published December 2008 (“TS 36.211”) (Ex.
`1009)
`“Evolved Universal Terrestrial Radio Access (E-
`UTRA); Multiplexing and channel coding,”
`3GPP TS 36.212 Version 8.5.0 (Release 8),
`
`Publication Date
`
`Publicly available no later
`than February 3, 2009; see
`also Ex. 1016 (Rodermund
`Decl.)
`
`Publicly available no later
`than September 24, 2008; see
`also Ex. 1016 (Rodermund
`Decl.)
`
`Publicly available no later
`than December 18, 2008; see
`also Ex. 1016 (Rodermund
`Decl.)
`
`Publicly available no later
`than December, 2008
`
`8
`
`Samsung Ex. 1003
`
`Ex. 1003 - Declaration of Apostolos Kakaes, Ph.D.
`
`
`
`
`
`
`
`Prior Art
`
`published December 2008 (“TS 36.212”) (Ex.
`1010)
`“Evolved Universal Terrestrial Radio Access (E-
`UTRA); Physical layer procedures,” 3GPP TS
`36.213, Version 8.5.0 (Release 8) (“TS 36.213”)
`(Ex. 1011).
`“Evolved Universal Terrestrial Radio Access (E-
`UTRA); Radio Resource Control (RRC);
`Protocol specification,” 3GPP TS 36.331
`Version 8.5.0 (Release 8) (“TS 36.331”) (Ex.
`1012)
`H. Holma & A. Toskala, LTE for UMTS -
`OFDMA and SC-FDMA Based Radio Access
`(“Holma”) (Ex. 1015)
`Sesia et al., LTE - The UMTS Long Term
`Evolution: From Theory to Practice (1st Ed.)
`(“Sesia 2009”) (Ex. 1017)
`
`Publication Date
`
`
`Publicly available no later
`than December 22, 2008; see
`also Ex. 1016 (Rodermund
`Decl.)
`Publicly available no later
`than March, 2009
`
`Publicly available no later
`than July 2009; see also Ex.
`1018 (Watters Decl.)
`Published in 2009
`
`22. The references listed in the table above are prior art to the ’044 Patent. The
`
`Motorola reference was publicly available no later than February 3, 2009, thus
`
`before October 5, 2009, i.e., the Priority Date of the ’044 Patent.
`
`23. The LTE Release 8 Standards (TS 36.211, TS 36.213) were publicly available
`
`no later than December 2008, thus before October 5, 2009, i.e., the Priority Date of
`
`the ’044 Patent. TS 36.331 was publicly available no later than March 2009 and is
`
`also prior art.
`
`24. The Docomo reference was publicly available no later than September 24,
`
`2008, thus before October 5, 2009, i.e., the Priority Date of the ’044 Patent.
`
`9
`
`Samsung Ex. 1003
`
`Ex. 1003 - Declaration of Apostolos Kakaes, Ph.D.
`
`
`
`
`
`25. With respect to the Holma and Sesia 2009 textbooks that I listed above, I am
`
`personally familiar with and have used them during my career. They supplement
`
`information typically found in the 3GPP standards and often provide additional
`
`insight as to why certain things are d