Transcript of Regis J. Bates, Jr.
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`Date: February 17, 2022
`Case: Cradlepoint, Inc., et al. -v- 3G Licensing S.A. (PTAB)
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`Planet Depos
`Phone: 888.433.3767
`Email: transcripts@planetdepos.com
`www.planetdepos.com
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`WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY
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`Cradlepoint Exhibit 1032
`Cradlepoint v. Sisvel, IPR2021-00580
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`Transcript of Regis J. Bates, Jr.
`Conducted on February 17, 2022
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` A P P E A R A N C E S
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`ON BEHALF OF THE PETITIONER SIERRA WIRELESS, INC.
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` KOURTNEY MUELLER MERRILL, ESQUIRE
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` DAVID ST. JOHN-LARKIN, ESQUIRE
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` Perkins Coie LLP
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` 1900 Sixteenth Street
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` Suite 1400
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` Denver, Colorado 80202-5255
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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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`CRADLEPOINT, INC., HONEYWELL
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`INTERNATIONAL, INC., SIERRA WIRELESS, INC.,
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`TCL COMMUNICATION TECHNOLOGY HOLDINGS
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`LIMITED, TCT MOBILE INTERNATIONAL LIMITED,
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`TCT MOBILE, INC., TCT MOBILE (US) INC.,
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` kmerrill@perkinscoie.com
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`TCT MOBILE (US) HOLDINGS INC., and
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` dlarkins@perkinsoie.com
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`THALES DIS AIS DEUTSCHLAND GMBH,
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` Petitioners,
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`ON BEHALF OF THE PETITIONER THALES DIS AIS DEUTSCHLAND GMBH
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` vs. PTAB Case No. IPR2021-00580
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` ROBERT HART, ESQUIRE
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`SISVEL S.P.A.,
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` Patent Owner.
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` AddyHart P.C.
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` 401 N. Michigan Avenue
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`________________________________
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` Suite 1200-1
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` A P P E A R A N C E S C O N T I N U E D
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`ON BEHALF OF THE PETITIONER HONEYWELL INTERNATIONAL, INC.
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` ERIK J. HALVERSON, ESQUIRE
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` K&L Gates
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` 70 West Madison Street
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` Suite 3300
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` Chicago, Illinois 60602
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` DEPOSITION OF REGIS BATES, JR.
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` via videoconference
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` Thursday, February 17, 2022
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` 11:33 a.m. EST
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`Job No.: 430015
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`Pages: 1 - 213
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`Stenographically Reported By:
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`Alison C. Webster, CSR-6266, RPR, RMR, CRR, RDR
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`ON BEHALF OF THE PATENT OWNER
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` ANDREW DeMARCO, ESQUIRE
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` Devlin Law Firm LLC
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` 1526 Gilpin Avenue
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`Cradlepoint Exhibit 1032
`Cradlepoint v. Sisvel, IPR2021-00580
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`

`

`Transcript of Regis J. Bates, Jr.
`Conducted on February 17, 2022
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` DEPOSITION OF REGIS BATES, JR.
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` Thursday, February 17, 2022
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` STENOGRAPHER: The attorneys participating
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`in this deposition and the witness have verified that
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`his is Regis Bates, Jr. In lieu of an oath
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`administered in person, the witness will visually
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`affirm his testimony in this matter is under penalty
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`of perjury.
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` The parties and their counsel consent to
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` T A B L E OF C O N T E N T S
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` Witness Page
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` REGIS BATES, JR.
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` EXAMINATION
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` BY MS. MERRILL: 8
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` EXAMINATION
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` BY MR. DeMARCO: 206
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` E X H I B I T I N D E X
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`this arrangement and waive any objections to this
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` Exhibit Page
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`manner of reporting or admissibility of the
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`(Exhibits retained by counsel.)
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`transcript. Would the attorneys for each party please
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`state your agreement and appearance on the record,
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` PREVIOUSLY MARKED EXHIBIT 1001 20
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`starting with scheduling counsel.
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` Patent No.: US 7,869,396 B2 - Chun
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` MS. MERRILL: This is Kourtney Merrill with
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` PREVIOUSLY MARKED EXHIBIT 2001 38
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`Perkins Coie, counsel for petitioner Sierra Wireless,
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` Declaration of Regis Bates in Support
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`and we consent. And my co-counsel on the line today
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` of Patent Owner
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`are Robert Hart, David St. John-Larkin, and Eric
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` EXHIBIT 016 76
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`Halverson, backup counsel for petitioner.
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` DECISION Granting Institution of Inter
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` MR. DeMARCO: And this is Andrew DeMarco on
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` Partes Review 35 U.S.C. § 314
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`behalf of patent owner from the Devlin Law Firm and we
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` E X H I B I T I N D E X C O N T I N U E D
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`PREVIOUSLY MARKED EXHIBIT 1003 103
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`International Publication Number
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`WO 02/091659 A2
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`PREVIOUSLY MARKED EXHIBIT 1004 106
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`Patent No.: Us 6,987,780 B2 - Wei
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`PREVIOUSLY MARKED EXHIBIT 1005 107
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`3rd Generation Partnership Project;
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`3GPP TS 25.322 V5.9.0 (2004-12)
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` agree.
` STENOGRAPHER: Mr. Bates, would you please
` raise your right hand.
` Do you swear or affirm the testimony you
` are about to give in this matter will be the truth,
` the whole truth, and nothing but the truth?
` MR. BATES: I do.
` STENOGRAPHER: Thank you.
` You may proceed.
` REGIS BATES, JR.,
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` was thereupon called as a witness herein, and after
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` having first been duly sworn to testify to the truth,
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` the whole truth and nothing but the truth, was
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` examined and testified as follows:
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` MS. MERRILL: Good morning, Mr. Bates.
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` EXAMINATION
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`BY MS. MERRILL:
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`Q. Could you please state your legal name and address for
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` the record.
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`A. Sure. Regis J. Bates, Jr. I'm at 3413 Ponderosa
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` Loop. That's in Heber, Arizona 85928.
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`Q. Thank you.
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`PREVIOUSLY MARKED EXHIBIT 2006 137
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`Second Declaration of Regis Bates in
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`Support of Patent Owner
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`PREVIOUSLY MARKED EXHIBIT 008 180
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`PETITION FOR INTER PARTES REVIEW
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`OF U.S. PATENT NO. 7,869,396
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`Cradlepoint Exhibit 1032
`Cradlepoint v. Sisvel, IPR2021-00580
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`

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`Transcript of Regis J. Bates, Jr.
`Conducted on February 17, 2022
`9
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` And are you testifying remotely today?
`A. Yes.
`Q. And where are you testifying from?
`A. From my home.
`Q. And is there anyone in your -- in this room that
` you're in right now with you?
`A. No.
`Q. Will you let me know if at any time anyone joins you
` in this room?
`A. I will.
`Q. And are you able to communicate with anyone today
` outside of this Zoom platform?
`A. No.
`Q. Will you let me know if anyone communicates with you
` today, either in person or through the Zoom
` platform -- or excuse me, either in person or outside
` of this Zoom platform?
`A. I will.
`Q. Do you agree that, during your deposition today, you
` will not use your computer, mobile phone, or other
` device to review anything other than the materials we
` provide to you?
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` And has anyone opened this FedEx envelope
` since it was delivered?
`A. No.
`Q. Except for the FedEx envelope that you just showed on
` the screen, do you have any other hard copy documents
` available to you?
`A. No.
`Q. Do you have any notes, for example, that are available
` to you right now?
`A. No.
`Q. Did you draft any notes while preparing for your
` deposition today?
`A. No.
`Q. And have you been deposed before?
`A. Yes.
`Q. Do you know approximately how many times you've been
` deposed?
`A. About 33, 34 times now.
`Q. And do you recall being deposed by me, last year
` actually, in connection with an IPR proceeding?
`A. I do.
`Q. Would it be fair to say that you are familiar with
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`A. I agree.
`Q. And do you agree that you will not use your computer
` or any other electronic device to communicate with
` counsel or anyone else during this deposition?
`A. I agree.
`Q. What electronic devices are currently available to you
` right now?
`A. My computer. My laptop.
`Q. And do you have any programs open on your laptop other
` than the Zoom call on which this deposition is being
` conducted?
`A. Let me just double-check.
`Q. Thank you.
`A. All that's open now is the Zoom.
`Q. Thank you.
` Do you agree that you will not open any
` other programs during this deposition?
`A. I agree.
`Q. Do you have a box of materials that we sent to you
` yesterday?
`A. I have a FedEx envelope.
`Q. Thank you.
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` conducting -- with remote depositions?
`A. Very familiar, yes.
`Q. Do you have any questions or concerns about proceeding
` remotely today?
`A. No.
`Q. I'd like to just briefly confirm that we both
` understand the procedure in place for this deposition.
` I will assume that your audio and video
` feeds are satisfactory unless you tell me otherwise.
` Okay?
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`A. Agreed.
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`Q. So if you're having any difficulty seeing or hearing
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` me, please let me know so we can -- we can work on the
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`A. Yes.
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`Q. If I say anything that confuses you, will you please
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`A. Absolutely.
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`Q. And unless you tell me otherwise, I will assume that
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` you understand my question. Do you understand?
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`A. Yes.
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`Q. And will you do your best to provide verbal answers
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`Cradlepoint Exhibit 1032
`Cradlepoint v. Sisvel, IPR2021-00580
`
`

`

`Transcript of Regis J. Bates, Jr.
`Conducted on February 17, 2022
`13
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` spend preparing for your deposition today?
`A. As I mentioned earlier, about three hours.
`Q. And I believe you already mentioned the '396 patent.
` Are you familiar with the patent I mean when I refer
` to the '396 patent?
`A. Yes.
`Q. What do you believe is novel about the claimed
` invention of the '396 patent?
`A. The intent of the patent was to make the efficiency
` of the network for recognizing when data is received
` or not received. So the novelty is that there are
` some timers that are being started; and if, in fact,
` the data arrives, the timer will be stopped before a
` status report will be generated; and upon expiry of
` the timer, that the status report would be set.
`Q. And it's your opinion today that this is a novel
` invention?
`A. Yes.
`Q. And it is the use of the timers that you just
` described in your opinion that makes the claimed
` invention of the '396 patent novel?
`A. The use of that particular timer. There are many,
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` today?
`A. I will.
`Q. Thank you.
` And do you understand that if counsel
` objects to the form of a question, you are still
` required to answer the question?
`A. I understand.
`Q. And I will plan to take several breaks, but if you
` need a break at any time, please let me know and we'll
` find a convenient time between questions to take a
` break. Okay?
`A. Agreed.
`Q. And is there anything that would prevent you from
` providing truthful, complete, and accurate testimony
` today?
`A. No.
`Q. Can you please tell me what you did to prepare for
` your deposition today?
`A. I went back and I read through my two declarations, I
` re-read the '396 patent, and I re-read the Sachs and
` the Wei patents.
` And I think that's pretty much -- oh, I
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` many timers that would be involved in any one of our
` think I also read the patent owner's response.
` data communications network, but in the way this one
`Q. Do you recall reading any other papers filed in this
` was set up, using the timer, combining it with HARQ,
` proceeding in preparation for your deposition today?
` a hybrid ARQ, that is the novelty of the patent.
`A. Not that I can recall, no.
` It's also designed around a
`Q. And do you recall approximately how many hours you
` fourth-generation architecture for LTE.
` spent reviewing the materials you just listed for us?
`A. Oh, I would say probably about three.
`Q. Do the claims of the '396 patent refer to HARQ, or
` hybrid ARQ?
`Q. And did you meet with anyone in preparation for today?
`A. I don't recall it in the claim, but I know throughout
`A. I had a conversation with counsel yesterday.
` the specification it's used several times.
`Q. And was that with Mr. DeMarco?
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`A. Yes.
`Q. And what is your understanding of the purpose of the
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` claim?
`Q. And approximately how long did you meet with
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`A. The purpose of the claim is to define the invention.
` Mr. DeMarco yesterday?
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`A. Slightly less than an hour.
`Q. What, in your opinion, is a status report?
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`A. A status report, based on LTE status reports, which
` I'm sorry, Stephanie Berger was also on the
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` is what I'm familiar with, is going to include a
` conversation, but it was primarily Andrew and I that
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` number of different information. There would be
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` acknowledgements, not acknowledgements. There will
`Q. Ah, thank you. I appreciate you explaining that.
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` be indications of what portions of the data are being
` Okay. Did you do anything else to prepare
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` received or not. It's what they would call a
` for your deposition today?
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` S-U-F-I. It's the subfield identifiers that describe
`A. No.
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` what data blocks are being received.
`Q. And in total, approximately how much time did you
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`1234567891
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`Cradlepoint Exhibit 1032
`Cradlepoint v. Sisvel, IPR2021-00580
`
`

`

`Transcript of Regis J. Bates, Jr.
`Conducted on February 17, 2022
`17
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`A. I would say the trigger is what is being the cause
`and effect.
`Q. So the trigger is both the cause and the effect?
`A. No. It causes the effect. It causes the event to
`take place.
`Q. Understood. Thank you.
` And what, in your opinion, does it mean to
` prevent a triggering of a status report?
`A. Plain and ordinary meaning of "prevent" means not to
`allow it to happen, or to prevent it from happening.
`Q. And so to tie together what we just talked about, is
`it your opinion that to prevent a triggering of a
`status report means to prevent a cause of an event?
`A. It would prevent -- if I could put it in my words, it
`would prevent the status report from being sent. The
`trigger is what is activating that function, stopping
`the status report from being generated.
`Q. Would a person of ordinary skill in the art understand
`the phrase "to prevent a triggering of a status
`report" to mean to prevent the creation of a status
`report?
`A. It would be to prevent the status report from being
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`Q.
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`I believe you refreshed to LTE earlier. When was LTE
`first launched?
`A. Release date, I believe, was right around 2011;
`however, it was being developed and discussed well
`before that.
`Q. What is the priority date to which you have been asked
`to assume the '396 patent claims priority?
`A. Oh, now you got me. I would have to look at the
`exact patent.
`Q. We'll come back to that.
`A. Okay.
`Q. Did you propose a construction for the term "status
`report" in the declarations that you submitted in this
`proceeding?
`A. I'm sorry, could you say that again?
`Q. Did you propose a construction for the term "status
`report" in either of the declarations that you
`submitted in this proceeding?
`A. I don't believe I did.
`Q. Why not?
`A. The report was something that I was familiar with,
`and when I hear the word "status report," I know what
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` sent. Status reports might be generated all the
` time, but they're not necessarily going to be sent.
`Q. Could you please open the envelope that you received
`yesterday?
`A. I'll let you watch that happen.
`Q.
`It's got to be nice when it's an envelope and not a
`box.
`A. I agree with that.
`Q. Could you please set the documents in front of you?
`A. I have them in front of me.
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`Q. The first document in the stack should be a copy of a
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`patent. Do you see that?
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`A. I do.
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`Q. Can you please pick up that document and leave the
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`rest of the documents in the stack?
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`A. Okay.
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` ENTERED INTO THE RECORD:
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` PREVIOUSLY MARKED EXHIBIT 1001
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`BY MS. MERRILL:
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`Q. Do you recognize this document?
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`A. Yes, this is the U.S. Patent 7,869,396 B2.
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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` that means.
`Q.
`Is it your testimony today that a person having
`ordinary skill in the art of the '396 patent would be
`familiar with the plain and ordinary meaning of the
`term "status report"?
` MR. DeMARCO: Objection to form.
`A. I would believe so, yes.
`BY MS. MERRILL:
`Q. What does it mean to "trigger" a status report?
`A. Triggers are events that are -- when a certain event
`would happen, a trigger event would occur.
`I'm not sure I followed your response. I'll ask the
`question just one more time.
` What, in your opinion, does the phrase "to
` trigger a status report" mean?
`A. And in general, a trigger is an event that will take
`place. When something happens, it causes an event to
`occur. It triggers.
`Q. And does the trigger refer to the event that causes
`the subsequent event to take place or does the trigger
`refer to the effect that the event that it causes to
`occur?
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`Q.
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`Cradlepoint Exhibit 1032
`Cradlepoint v. Sisvel, IPR2021-00580
`
`

`

`Transcript of Regis J. Bates, Jr.
`Conducted on February 17, 2022
`21
`Q. And is this a copy of the '396 patent that we've been
`discussing so far this morning?
`A. Yes.
`Q. And for purposes of our deposition today, when I refer
`to the '396 patent, can we agree that I will be
`referring to this U.S. Patent Number 7,869,396?
`A. Yes.
`Q. And do you understand that you are being deposed today
`in connection with an inter partes review proceeding
`involving the '396 patent?
`A. I am aware of that, yes.
`Q. And if I refer to "these proceedings," will you
`understand that I'm referring to the inter partes
`review for the '396 patent?
`A. Yes.
`Q. And similarly if I happen to refer to "this IPR," that
`I'm also referring to the inter partes review for the
`'396 patent.
`A. Correct.
`Q. Thank you.
` To the best of your knowledge, when is the
` first time you reviewed the '396 patent?
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`Q. What is LG Electronics?
`A. Well, LG is a Korean electronics firm that are in
`many, many portions of the business. They make
`appliances, they're involved in telecommunication
`systems, handsets, things of that nature.
`Q. To the best of your knowledge, does LG Electronics
`participate in any telecommunications standard setting
`organizations?
`A. I'm sure they do. Probably ETRI, E-T-R-I, which is
`the Korean version of ETSI from the European
`standards. And I'm sure they also participate in
`some of the ETSI standards, the European
`Telecommunications Standards Industry.
`Q. And did you investigate, in connection with your
`engagement in this proceeding, whether LG participated
`in any of these standard setting organizations?
`A. I didn't do any separate investigations. I have been
`exposed to LG in the past and I know that they do
`work with the different standards groups.
`Q. Are you familiar with the term "3GPP"?
`A. I am.
`Q. And what is the 3GPP?
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`A. Oh, I don't know that I could really put a date on
`it. I know that my first declaration was back in
`around June of last year, so it would have been
`before that May/June timeframe. Maybe before that.
`I don't know.
`Q. Do you recall if you reviewed the '396 patent before
`you were engaged in connection with this IPR?
`A. No. It was after I was engaged.
`Q. Who is listed on the face of the '396 patent as the
`assignee at the time the '396 patent was issued?
`A. I'll just use the last name of Chun, C-h-u-n, et al.
`Q. Excellent.
` And I believe you were referring to the
` inventor there. Would you mind looking on the
` left-hand column of the first page, where it refers to
` the Assignee of the '396 patent?
`A. I'm sorry, when you were saying "assignee," to me,
`that word is assignee, but -- I'm sorry -- that's LG
`Electronics.
`Q. Thank you. I apologize for any confusion.
` Are you familiar with LG Electronics?
`A. Yes, I am.
`
`A. 3rd Generation Partnership program is a division, or
`a subset, of ETSI, the European telecommunication
`standards. And there are several groups of standards
`committees that work together to form the
`standards -- the telecommunication standards.
` 3GPP was designed around taking the
` second-generation architecture that we had called
` GSM, and evolve it over the years with the different
` standards as they were developed.
`Q. To the best of your knowledge, did LG participate in
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`3GPP?
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`A. I'm sorry, I lost a piece of that.
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` You said, to the best of my knowledge...
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`Q. Did LG participate in 3GPP?
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`A. I believe they did, yes.
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`Q. Are you familiar with the term "3GPP2"?
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`A. Yes.
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`Q. And could you please let us know, what is your
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`understanding of the 3GPP2?
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`A. Well, the 3GPP2 was kind of like a -- I don't want to
`20
`call it a sister organization, but it was another
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`organization that was designed around the North
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`Cradlepoint Exhibit 1032
`Cradlepoint v. Sisvel, IPR2021-00580
`
`

`

`Transcript of Regis J. Bates, Jr.
`Conducted on February 17, 2022
`25
`
` American standards of CDMA, code-division multiple
` access.
` In the European world, we use the GSM
` architecture. United States did things a little bit
` differently and created a CDMA and a few other
` technologies.
` What happened then were the two groups
` were designed to evolve our networks, one on the CDMA
` architecture, one on the 3GPP doing GSM
` architectures.
`Q. To the best of your knowledge, did LG participate in
` the 3GPP2?
`A. I'm not sure they specifically did. I know that they
` follow the 3GPP2 standards and the 3GPP standards
` because they made handsets. The handsets would, in
` many cases, either by GSM based or they would be CDMA
` based, like for the United States.
`Q. Is the United States currently CDMA based?
`A. Well, now it's all gone into kind of an architecture
` of CDMA. GSM evolved into what we call white band
` CDMA, WCDMA, which is different from CDMA, CDMA2000,
` the North American standard; however, they both use
`
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` on, and they might also make GSM based.
`Q. Would a person responsible for designing cellular
` network architecture have potentially been monitoring
` both 3GPP and 3GPP2 technical specifications?
` MR. DeMARCO: Object to the form.
`A. Possibly, yes.
`BY MS. MERRILL:
`Q. And you already anticipated my next question, which
` is, do you see the names of the named inventors on the
` face of the '396 patent?
`A. I do.
`Q. And are you familiar with any of these individuals?
`A. Not in particular.
`Q. What do you mean by "not in particular"?
`A. I don't know that I know these three people. I know
` a lot of people and I've dealt with a lot of the
` people with the last name of Park or Lee or whatever.
` So I don't know these three people that are listed
` here.
`Q. To the best of your knowledge, are you aware if any of
` the individuals identified as named inventors of the
` '396 patent have participated in the 3GPP?
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`A. To the best of my knowledge, I don't know.
` the technique called CDMA.
`Q. And to the best of your knowledge, are you aware of
`Q. To the best of your knowledge, were there overlapping
` whether any of the individuals identified as named
` members between the 3GPP and the 3GPP2?
`A. Yeah, there would have been because, depending on who
` inventors to the '396 patent have participated in the
` was making the handsets or the switching systems, for
` 3GPP2?
`A. Again, I don't know.
` example, they might make some for the 3GPP and some
` that would support the 3GPP2 standards, sure.
`Q. So returning to a question I asked earlier.
` Now that you have a copy of the '396
`Q. Would a person of ordinary skill in the art have been
` patent, does this refresh your recollection as to the
` monitoring both 3GPP and 3GPP2 technical standards?
` alleged priority date for the '396 patent?
` MR. DeMARCO: Objection to form.
`0
`A. It does. Which would be listed for the provisional
`A. I think that's one that I don't know that I could --
`11
` application on June 21st, 2006, which I consider to
` that's more of an opinionated thing there. What
`12
` be the critical date.
` would happen is, normally, in the North American
`13
` I'm sorry. I kind of -- I saw that date
` standard, people would be using the CDMA
`14
` jump out at me.
` architecture. They wouldn't necessarily be concerned
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` There are several dates on the provisional
` with the GSM because they're completely different
`16
` patents. The earliest one is January 5th of 2006.
` type technologies.
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` There might be other, a person of skill in
`Q. And to the best of your recollection, is that the date
`18
` the art, that would be involved in both sides. An
` that you've been asked to assume is the priority date
`19
` example of that might have been, for example,
` of the '396 patent?
`20
`A. I think that might have been it, yeah.
` Ericsson. Somebody from Ericsson would be making
`21
` both CDMA switching systems, base stations, and so
`Q. And did you independently confirm whether the claims
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`Cradlepoint Exhibit 1032
`Cradlepoint v. Sisvel, IPR2021-00580
`
`

`

`Transcript of Regis J. Bates, Jr.
`Conducted on February 17, 2022
`29
`
` of the '396 patent are entitled to a January 5th,
` 2006, priority date?
`A. I was not asked to do that, no.
`Q. And do you have an opinion as to whether or not that
` priority date is supported?
`A. I would -- my opinion would be that would be the date
` it was assigned based on going through the full
` patent authorization.
`Q. So it is your opinion that the '396 patent is entitled
` to the January 5th, 2006, priority date, even though
` you weren't asked to independently confirm that fact?
`A. Only because I saw it on the patent. My opinion is
` that the patent office would have approved it based
` on the dates that had been listed.
`Q. Did you review the file history for the '396 patent?
`A. I looked at the file history. Did I go into any
` great detail? No.
`Q. Are you aware of whether the examiner approved a
` January 5th, 2006, priority date for the '396 patent?
`A. I don't know that I could answer that, no.
`Q. So sitting here today, beyond the fact that the face
` of the patent lists January 5th, 2006, are you aware
`
`8 (29 to 32)
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` It then goes on and says, "The 3G LTE
` defines a high-level requirement decreasing cost per
` bit enhancement, and service availability,"
` et cetera, et cetera.
` I mean, I won't read the whole thing to
` you, but...
`Q. Thank you.
` Who are you engaged by for this proceeding?
`A. Devlin Law Firm.
`Q. And approximately how many times have you been engaged
` by Devlin Law Firm?
`A. Three or four.
`Q. And would those all be reflected in your CV?
`A. They are.
`Q. And to the best of your recollection, do you recall
` when you were first engaged for this particular
` proceeding?
`A. This specific one?
`Q. Yes.
`A. It was around September -- I think probably around
` 2020. I could be wrong about that, but to the best
` of my knowledge, it was in and around that time.
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` of any other facts that would support a claim for
` priority dating back to January 5th, 2006?
`A. No.
`Q. Would a person having ordinary skill in the art
` understand that the teachings of the '396 patent are
` intended to apply to a 3GPP-compliant
` telecommunications system?
`A. A person of skill in the art, in the specification it
` does refer to the evolved network or the long-term
` evolution, what they refer to as LTE.
`Q. And so is it your understanding that a person of
` ordinary skill in the art would understand that the
` '396 patent is intended to apply to 3GPP-compliant
` technology?
`A. Yes.
`Q. And could you refer me to where in the specification
` it refers to the long-term evolution or LTE?
`A. On the Background of the art, under column 1, and
` around line 40, it says, "The project of 3G long term
` evolution (hereinafter, referred to as LTE) aims at
` the expansion of a coverage, improvement of system
` capacity."
`
`Q. Were you familiar with the '396 patent before your
` engagement?
`A. No.
`Q. And were you familiar with any of the prior art
` references relied on in the petition for inter partes
` review of the '396 patent before you were engaged?
`A. No, I don't believe so.
`Q. Who, to the best of your knowledge, currently owns the
` '396 patent?
`A. The patent owner is 3G Sisvel.
`0
`Q. And to the best of your knowledge, does Sisvel
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` practice the '396 patent?
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` MR. DeMARCO: Objection to the form.
`13
`A. To the best of my knowledge, I don't know.
`14
`BY MS. MERRILL:
`15
`Q. Have you spoken with anyone at Sisvel in connection
`16
` with your engagement?
`17
`A. No.
`18
` MR. DeMARCO: Objection to form.
`19
`BY MS. MERRILL:
`20
`Q. And have you spoken with anyone at 3G in connection
`21
` with your engagement?
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`Cradlepoint Exhibit 1032
`Cradlepoint v. Sisvel, IPR2021-00580
`
`

`

`Transcript of Regis J. Bates, Jr.
`Conducted on February 17, 2022
`33
`
`9 (33 to 36)
`
`35
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` MR. DeMARCO: Objection to form.
`A. No.
`BY MS. MERRILL:
`Q. And have you spoken with anyone associated with any
` other Sisvel affiliate in connection with your
` engagement?
` MR. DeMARCO: Objection to form.
`A. No.
`BY MS. MERRILL:
`Q. And is your client Sisvel or the Devlin Law Firm?
`A. The people I report to is the Devlin Law Firm.
`Q. Did you review any of the prior art on which the
` petition for inter partes review is based before you
` were engaged for this proceeding?
`A. No.
`Q. And when did you first review the prior art that is
` the basis for the petition for inter partes review in
` this proceeding?
`A. As I mentioned, it was probably around May or June of
` last year, if I recall correctly. My first
` declaration came after that, and that was around June
` of last year.
`
` of the total number of hours that you spent on these
` projects would have been devoted to the '396 patent?
`A. No, I couldn't.
`Q. Are you able to estimate the total number of hours
` that you've spent on all the matters in, let's say,
` the last 12 months?
`A. No, I don't think I could do that.
`Q. Are you able to estimate the total number of hours
` that you spent on all the matters last month?
`A. Last month alone, I want to say it might have been
` about 25, 30 hours. It's up and down. It depends on
` what's going on at a particular time.
`Q. Tax season is coming for us all. Do you happen to
` recall approximately how