`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`CRADLEPOINT, INC., DELL INC., HONEYWELL INTERNATIONAL, INC.,
`SIERRA WIRELESS, INC., TCL COMMUNICATION TECHNOLOGY
`HOLDINGS LIMITED, TCT MOBILE INTERNATIONAL LIMITED, TCT
`MOBILE, INC., TCT MOBILE (US) INC., TCT MOBILE (US)
`HOLDINGS INC., THALES DIS AIS DEUTSCHLAND GMBH,
`ZTE CORPORATION, AND ZTE (USA) INC.
`Petitioners,
`
`v.
`
`3G LICENSING S.A.,
`Patent Owner.
`
`
`Case No. IPR2021-01141
`
`U.S. Patent No. 7,215,653
`
`
`
`DECLARATION OF RAZIQ YAQUB (Ph.D.) IN SUPPORT OF PETITION
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 7,215,653
`
`
`
`
`
`
`
`
`Ex. 1010 - Sierra Wireless, Inc.
`Sierra Wireless, Inc., et al. v. Sisvel S.P.A., IPR2021-01141
`Page 1 of 439
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`
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`TABLE OF CONTENTS
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`Page
`
`I.
`
`INTRODUCTION AND ASSIGNMENT ...................................................... 1
`
`A.
`
`Compensation ........................................................................................ 1
`
`B. Materials Reviewed ............................................................................... 1
`
`II.
`
`QUALIFICATIONS AND EXPERIENCE ..................................................... 3
`
`III. THIRD GENERATION PARTNERSHIP PROJECT 2 (“3GPP2”) .............10
`
`IV. DEVELOPMENT AND PUBLIC AVAILABILITY OF 3GPP2
`DOCUMENTS ..............................................................................................14
`
`A.
`
`B.
`
`3GPP2 Contribution Documents Were Publicly Available ................15
`
`3GPP2 Specification Development and Public Availability ..............27
`
`V.
`
`EXHIBIT 1003 (SAMSUNG) .......................................................................29
`
`VI. EXHIBIT 1004 (AIRVANA) ........................................................................36
`
`VII. EXHIBIT 1006 (C.S0002) .............................................................................42
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`VIII. ADDITIONAL REMARKS ..........................................................................47
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`
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`TABLE OF APPENDICES
`
`
`Document
`
`Description
`
`Appendix A Curriculum Vitae
`
`Exhibit
`
`1003
`
`1004
`
`1006
`
`1008
`
`1009
`
`
`
`TABLE OF EXHIBITS
`
`
`Description
`
`3rd Generation Partnership Project 2 (“3GPP2”), Technical
`Specification Group C (“TSG-C”), Working Group 5 (“WG5”);
`Contribution C5020010507-015 “Effective Reverse Link Data Rate
`Control for 1xEV-DV —r2,” dated May 7, 2001 (“Samsung”)
`
`3rd Generation Partnership Project 2 (“3GPP2”), Technical
`Specification Group C (“TSG-C”), Working Group 5 (“WG5”);
`Contribution C5020010212-011 “Per-User Reverse Rate Control for
`Shared Packet Data Channel in 1xEV-DV,” dated February 12, 2001
`(“Airvana”)
`
`3rd Generation Partnership Project 2 (“3GPP2”), Specification
`C.S0002-0 v1.0 “Physical Layer Standard for cdma2000 Spread
`Spectrum Systems” (July 1999), published October 1999 (“C.S0002-
`0”)
`
`3rd Generation Partnership Project 2 (“3GPP2”), Technical
`Specification Group C (“TSG-C”), Working Group 5 (“WG5”);
`Contribution C5020010709-009 “LGE’s Reverse Link Proposal,”
`dated July 9, 2001
`
`3rd Generation Partnership Project 2 (“3GPP2”), Technical
`Specification Group C (“TSG-C”), Working Group 5 (“WG5”); LGE
`Contribution C50-20010212-025 “Reverse Link Variable Data Rates
`with Dedicated RA (Reverse Activity) Bits
`
`1010
`
`Declaration of Dr. Raziq Yaqub in Support of Petition for Inter Partes
`Review of U.S. Patent No. 7,215,653 (“Yaqub Dec.”)
`
`
`
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`I, Raziq Yaqub, hereby declare as follows:
`
`I.
`
`INTRODUCTION AND ASSIGNMENT
`
`1.
`
`I have been retained on behalf of Cradlepoint, Inc., Dell Inc.,
`
`Honeywell International, Inc., Sierra Wireless, Inc., TCL Communication
`
`Technology Holdings Limited, TCT Mobile International Limited, TCT Mobile,
`
`Inc., TCT Mobile (US) Inc., TCT Mobile (US) Holdings Inc., Thales DIS AIS
`
`Deutschland Gmbh, ZTE Corporation, and ZTE (USA) Inc. (collectively,
`
`“Petitioners”) to offer opinions related to U.S. Patent No. 7,215,653 (“the ’653
`
`patent”) (Exhibit 1001). I understand that Petitioners are requesting that the Patent
`
`Trial and Appeal Board (“PTAB” or “Board”) institute an inter partes review
`
`(“IPR”) proceeding of the ’653 patent.
`
`A. Compensation
`
`2.
`
`I am not, and never have been, an employee of any of the Petitioners. I
`
`will receive no compensation for this Declaration beyond my normal hourly
`
`compensation of $450 per hour based on my time actually spent on this matter, and
`
`I will not receive any added compensation based on the outcome of any IPR or other
`
`proceeding involving the ’653 patent.
`
`B. Materials Reviewed
`
`3.
`
`In preparing this declaration I have reviewed Exhibits 1003, 1004,
`
`1006, 1008, and 1009, and the attachments to this declaration. For example, I have
`
`considered:
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` 3rd Generation Partnership Project 2 (“3GPP2”) Technical
`
`Specification Group C (“TSG-C”), Working Group 5 (“WG5”)
`
`Contribution C5020010507-015 “Effective Reverse Link Data Rate
`
`Control for 1xEV-DV —r2,” dated May 7, 2001 (“Samsung”) in
`
`Exhibit 1003;
`
` 3GPP2 Technical Specification Group C (“TSG-C”), Working
`
`Group 5 (“WG5”) Contribution C5020010212-011 “Per-User
`
`Reverse Rate Control for Shared Packet Data Channel in 1xEV-DV,”
`
`dated February 12, 2001 (“Airvana”) in Exhibit 1004;
`
` 3GPP2 Specification C.S0002-0 v1.0 “Physical Layer Standard for
`
`cdma2000 Spread Spectrum Systems” (July 1999), published
`
`October 1999 (“C.S0002-0”) in Exhibit 1006;
`
` 3GPP2 Technical Specification Group C (“TSG-C”), Working
`
`Group 5 (“WG5”) Contribution C50-20010709-009 “LGE’s
`
`Reverse Link Proposal,” dated July 9, 2001, in Exhibit 1008;
`
` 3GPP2 Technical Specification Group C (“TSG-C”), Working
`
`Group 5 (“WG5”) LGE Contribution C50-20010212-025 “Reverse
`
`Link Variable Data Rates with Dedicated RA (Reverse Activity)
`
`Bits” in Exhibit 1009;
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` My own academic background, knowledge, and professional
`
`experiences in the field of wireless communications and 3GPP2
`
`standards-development, as described below; and
`
` Additional background materials cited in my declaration below.
`
`II. QUALIFICATIONS AND EXPERIENCE
`
`4.
`
`I am over the age of 18 and am competent to write this Declaration. I
`
`have personal knowledge, or have developed knowledge through education, training,
`
`or experience, of the matters set forth herein.
`
`5. My CV, which includes my complete education and work experience,
`
`is included as Appendix A. I also describe several relevant aspects of my experience
`
`below.
`
`6.
`
`I actively participated
`
`in and observed 3GPP2 activities for
`
`approximately five years, including during the period from 1999 through 2002. I
`
`personally participated in numerous 3GPP2 working group meetings on behalf of
`
`my employers during those years, including by submitting technical contributions.
`
`I also observed many other working groups that I did not actively participate in,
`
`including, as discussed below, by observing multiple plenary TSG-C meetings.
`
`7.
`
`Backing up, I earned my Ph.D., with a focus on CDMA technology,
`
`from Keio University, Tokyo, Japan in 1998. I received my Bachelor of Science
`
`degree in Electrical Engineering from the University of Engineering and Technology
`
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`in Peshawar, Pakistan in 1987 and my Master’s degree in Electrical Engineering
`
`from the same University in 1993.
`
`8.
`
`After I earned my Ph.D., I joined Nokia Research Center as a Research
`
`Engineer in 1998. I worked there from January 1998 to March 1999. During the
`
`course of my work at Nokia, Nokia nominated me to become a participating and
`
`contributing member of ARIB (Association of Radio Industries and Businesses), a
`
`Japanese standardization setting organization. ARIB is a national Organizational
`
`Partner of the 3GPP2. ARIB members participated in making decisions on the
`
`creation or cessation of Technical Specification Groups for 3GPP2 and in approving
`
`their scope of work (also called “Terms of Reference”). My work with ARIB
`
`provided me with deep insight into 3GPP2 working principles and the scope of its
`
`different working groups, as well as technologies proposed to 3GPP2.
`
`9.
`
`After Nokia, I spent two years (from April 1999 to May 2001) working
`
`as an Assistant Manager at KDDI Corporation, where I actively contributed to and
`
`worked with 3GPP2 and the similarly named, but separate, 3rd Generation
`
`Partnership Project (3GPP). In 1999, KDDI was exploring third generation (3G)
`
`wireless technology, including both 3GPP wireless technology (i.e., the European
`
`version of CDMA, referred to as Wideband CDMA) and 3GPP2 wireless technology
`
`(i.e., the American version of CDMA, referred to as cdma2000). Specifically, KDDI
`
`was thoroughly investigating if it should choose Wideband CDMA or cdma2000 for
`
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`its future business focus. I personally assisted KDDI with this research by actively
`
`participating in both 3GPP and 3GPP2 standards meetings to provide a critical
`
`technology gap analysis to senior management. This work allowed me to become
`
`well-versed with 3GPP2, 3GPP, and the standards and practices of both groups.
`
`10.
`
`In May 2001, I joined Toshiba America Research Inc. (Toshiba) as a
`
`Research Engineer, where I worked for eight years, eventually becoming the
`
`Executive Director. My work at Toshiba focused on 4G, also called Long Term
`
`Evolution (LTE), among other cellular technologies. LTE/4G was the successor
`
`fourth generation standard to both 3GPP GSM/WCDMA-based third generation
`
`(3G) technologies, as well as 3GPP2 CDMA2000-based (3G) technologies.
`
`11. While at Toshiba, I conducted and supervised research relating to Radio
`
`Access Networks (Physical Layer Standards) and IP core networks (i.e., the central
`
`part of telecommunications networks that provides services and path for exchange
`
`of information between various sub-networks). I was also appointed as a working
`
`group chair of the Mobile Wireless Internet Forum, which was intended to be a
`
`cooperative effort between international Mobile Operators (e.g., Verizon, Sprint,
`
`AT&T, T-Mobile, BT, Vodafone, Orange, etc.) and vendors (e.g., CISCO, Juniper,
`
`Motorola, etc.) to deliver technical specifications on service requirements.
`
`12. During my initial years at Toshiba, I regularly participated in 3GPP2
`
`meetings as an observing member in various plenary, TSG-C, and TSG-S meetings
`
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`to monitor technology trends and companies’ future strategies. I was also a
`
`contributing member of 3GPP, participating in various Steering Committee meetings
`
`of TSG RAN (Technical Specification Group Radio Access Network) and TSG SA
`
`(Technical Specification Group System Aspects), and the working group level
`
`meetings (e.g., SA1, SA2, SA3, RAN1, RAN2, CT1, CT3) to develop technical
`
`specifications for 4G/LTE and others. During my time at Toshiba, I submitted over
`
`150 contributions to 3GPP2, 3GPP, Open Mobile Alliance (“OMA”), and Institute
`
`of Electrical and Electronics Engineers (“IEEE”). Also, I took a leadership role as a
`
`Rapporteur (i.e., the person or party designated by the group to report on its
`
`meetings/proceedings) in 3GPP SA3 to initiate Study Items and develop Technical
`
`Feasibility Report TR 33.817 on “Use of Single SIM for Multiple Device
`
`Authentication.” While working at Toshiba, I filed 34 patents and in 2014, I received
`
`an Inventor of the Year award from the New Jersey Hall of Fame.
`
`13. From 2009 to 2010, I served as a spokesman of the Department of
`
`Homeland Security (DHS) through Telcordia Technologies, where I represented
`
`DHS in 3GPP proceedings, presented technical contributions and participated in the
`
`development of the 3GPP Release 9 technical specifications to advocate to
`
`implement “Multimedia Priority Service (MPS)”, and “Govt. Emergency Telecomm
`
`Service (GETS)” according to the polices desired by the DHS. These services enable
`
`the first responders to respond to emergency situations (e.g., floods, hurricanes,
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`earthquakes, terrorist attacks). In most cases, emergency responders use private radio
`
`systems to aid in the logistics of providing critically needed restoration services.
`
`However, certain government and emergency management officials and other
`
`authorized users have to rely on public network services when the communication
`
`capability of the serving network may be impaired, for example, due to congestion
`
`or partial network infrastructure outages, perhaps due to a direct or indirect result of
`
`the emergency situation. MPS and GETS, supported by the 3GPP system, provide
`
`the ability to deliver calls/communication sessions of a high priority nature from
`
`mobile to mobile networks, mobile to fixed networks, and fixed to mobile networks
`
`over a public network, either by rejecting the new incoming calls or preempting the
`
`ongoing public calls. I also served as a Senior Consultant to the State of New Jersey
`
`to secure a $87 million grant from the federal government for the deployment of a
`
`dedicated 3GPP based 4G Wireless Network for first responders.
`
`14. From January 2010
`
`to January 2013,
`
`I was an associate
`
`professor/adjunct professor at the University of Tennessee at Chattanooga and the
`
`Stevens Institute of Technology, where I taught courses in 4G/Mobile Broadband
`
`System(s), among others.
`
`15. From December 2012 to May 2015, I was
`
`the Department
`
`Head/Director of Technical Training at NIKSUN, Inc. There, I worked on a wide
`
`array of real-time and forensics-based cybersecurity of wired and wireless (3G/4G)
`
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`networks deployed by wireless service providers (such as Verizon, AT&T) and used
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`by government intelligence agencies and financial services companies.
`
`16. From 2016 to the present, I have been an Associate Professor at
`
`Alabama A&M University, Huntsville, where I received six highly reputed awards
`
`in four years for my outstanding research and teaching.
`
`17.
`
`In parallel to Alabama A&M University, Huntsville, I served as an
`
`Inventor-Consultant at Wells Fargo in 2017, where I developed new technologies
`
`related to cybersecurity of online transactions employing 4G/WiMAX/Wi-Fi based
`
`networks. In that position, I was listed as an inventor on twenty seven different
`
`patent applications, seventeen of which have already issued.
`
`18.
`
`In parallel to Alabama A&M University, Huntsville, in 2018, I was also
`
`the Global Director of Research and Development at Tecvox in Huntsville, AL,
`
`where I led the design and development of a first-ever wireless charger for Ford
`
`Motor Company.
`
`19.
`
`In parallel to Alabama A&M University, Huntsville, in 2019, I also
`
`served as a Faculty Fellow with NASA Glenn Research Center to explore the
`
`cybersecurity issues of aerial vehicles. This year, I am serving again with the NASA
`
`Glenn Research Center, exploring the use of Artificial Intelligence in the control
`
`systems of hybrid aerial vehicles.
`
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`20. For the purposes of my analysis in this declaration, I have been
`
`informed by counsel that a person of ordinary skill in the art (“POSITA”) in the field
`
`of the ’653 patent on September 18, 2001 or February 11, 2002 would have had a
`
`bachelor’s degree in electrical engineering or a similar discipline, with at least three
`
`years of relevant industry or research experience. The relevant experience would
`
`include designing or implementing wireless radio systems for data transmission and
`
`retransmission. A person of ordinary skill would also have been familiar with 3GPP2
`
`and other wireless technical specifications, as well as would have understood how
`
`to search available literature for relevant publications, including contributions to
`
`standardization organizations.
`
`21. As described in detail below, based on my knowledge and experience
`
`in the field, and review of the materials cited herein, I am confident that the above-
`
`cited 3GPP2 specification, C.S0002-0 Version 1.0, and the contributions, C50-
`
`20010507-015_Samsung_RLDRC_r2
`
`and
`
`3GPP2-C50-20010212-
`
`011
`
`Airvana_Reverse Rate Control for 1xEV-DV, were publicly accessible without
`
`restriction before September 18, 2001. It is also my opinion that the specification,
`
`C.S0002-0 Version 1.0, was made freely available to the public through the 3GPP2
`
`online site in October 1999. The purpose behind 3GPP2 making its technical
`
`contributions, technical reports, and specifications publicly accessible to the broader
`
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`audience was to develop standards that would be adopted as widely as possible
`
`around the world.
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`III. THIRD GENERATION PARTNERSHIP PROJECT 2 (“3GPP2”)
`
`22. As cellular telecommunications technology evolved, network operators
`
`realized that standardization was necessary to ensure global roaming. The Third
`
`Generation Partnership Project 2 (“3GPP2”) was inaugurated in January 1999. See
`
`Exh. [A] at 7. It was a cooperative effort of a number of national and regional
`
`standards organizations from Asia, Europe, and North America to produce “globally
`
`applicable Technical Specifications and Technical Reports for a 3rd Generation
`
`Mobile System based on the evolved ANSI-41 core networks and the radio access
`
`technologies.” Id. at 1. A “technical specification,” as defined by 3GPP2, is “[a]
`
`3GPP2 output document containing normative provisions approved by a Technical
`
`Specification Group.” Exh. [C], at 41. The specifications and reports generated by
`
`3GPP2 were then to be “transposed by the relevant standardization bodies
`
`(Organizational Partners) into appropriate deliverables (e.g., standards).” Id. at 7.
`
`23.
`
`3GPP2 was formed to coordinate and facilitate the development of
`
`cellular standards/technical specifications and, more specifically, ones based on
`
`CDMA (Code Division Multiple Access), as opposed to GSM (Global System for
`
`Mobile Communications) or other cellular standards. 3GPP2 was a global initiative
`
`partnership made up of organizational partners and market representation partners.
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`Exh. [A] at 3-5. 3GPP2 united five telecommunications standard development
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`organizations (“Organizational Partners”) from around the world: the Association of
`
`Radio Industries and Businesses (ARIB) and Telecommunication Technology
`
`Committee (TTC) from Japan, the China Communications Standards Association
`
`(CCSA) from China, the Telecommunications Technology Association (TTA) from
`
`Korea, and the Telecommunications Industries Association (ATIS) from the United
`
`States.1 These Organizational Partners are regional standards organizations that
`
`have the authority to define, publish, and set standards for their respective regions.
`
`Exh.
`
`[A]
`
`at
`
`1;
`
`and
`
`Exh.
`
`[P]
`
`at
`
`2
`
`(retrieved
`
`from
`
`http://web.archive.org/web/20010405043920/http://www.3gpp2.org/Public_html/
`
`Misc/AboutHome.cfm, “3GPP2 is a collaborative effort between five officially
`
`recognized SDOs.”). They are ARIB (Association of Radio Industries and
`
`Businesses (Japan), CWTS (China Wireless Telecommunications Standards), TIA
`
`(Telecommunications
`
`Industry Association
`
`(North America),
`
`TTA
`
`1 The specific organizational partners that make up 3GPP2 have changed over
`
`time, although not in any way that affects my opinions here. For example, in
`
`2000-2002, the Chinese Organizational Partner was the China Wireless
`
`Telecommunication Standards Group (CWTS), but that responsibility was
`
`transferred to CCSA later.
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`(Telecommunications
`
`Technology Association
`
`(Korea),
`
`and
`
`TTC”
`
`(Telecommunications Technology Committee (Japan)). 3GPP2 also includes
`
`“Market Representation Partners (MRPs)”
`
`that represent various
`
`industry
`
`perspectives and offer market advice. Exh. [A] at 2; and Exh. [P] at 2 (“the Project
`
`has welcomed three Market Representation Partners (MRPs) who offer market
`
`advice to 3GPP2”).
`
`24. The goal of 3GPP2 was to prepare, approve, and maintain “Technical
`
`Specifications and Technical Reports for a 3rd Generation Mobile System.” Exh.
`
`[A] at 1. The technical specifications also provided hooks for interworking with
`
`non-3GPP2 networks. Network operators as well as handset and network
`
`infrastructure manufacturers, such as ZTE, Samsung, Sierra Wireless, Inc.,
`
`Motorola, and Ericsson, among many others, were involved in the development of
`
`3GPP2 technical specifications/standards. See Exh. [N] at 1-3 (listing member
`
`companies as of 2001).
`
`25. Within 3GPP2, responsibility for producing specifications was
`
`delegated to the Technical Specification Groups (“TSGs”). Exh. [C] at 12
`
`(“Structure of 3GPP2”), 22 (“TSG tasks”).
`
`26. Each TSG had a particular area of responsibility for the Reports and
`
`Specifications within 3GPP2. There were initially five TSGs within 3GPP2—TSG-
`
`A (dealing with Access Network Interfaces/A-Interface System), TSG-C (dealing
`
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`with cdma2000), TSG-N (dealing with Intersystem Operations/ANSI-41/WIN),
`
`TSG-P (dealing with Wireless Packet Data Networking/Wireless Packet Data
`
`Interworking), and TSG-S (Services and System Aspects). Exh. [E] at 32-33; Exh.
`
`[P] at 2 (wayback capture of 3GPP2 website listing TSGs). The Steering Committee
`
`(SC) was responsible for the overall monitoring and coordination of work, and it
`
`approved the work of TSGs.
`
`27. Each TSG was further divided into a number of Working Groups
`
`(“WGs”). Exh. [A], at 2 (“Structure of 3GPP2”). Each WG focused on particular
`
`subject matter. Exh. [E], at 31-38 (3GPP2 Partnership Project Description, listing
`
`subject matter covered by each TSG). POSITAs at the time were aware of the
`
`division of work by subject matter among the TSGs and among the WGs within each
`
`TSG. See id.
`
`28. WGs met regularly and came together for their monthly meetings,
`
`where their work was presented for information, discussion, and approval. The WGs
`
`also had a quarterly plenary meeting where member companies’ contributions, draft
`
`specifications,
`
`and other discussion documents were presented
`
`for
`
`discussion/approval for inclusion in 3GPP2 specifications.
`
`29. Given the prominence of 3GPP2 in the wireless communication
`
`industry beginning in 1999 and at least through the filing date of the ‘653 patents
`
`(February 11, 2002), interested POSITAs were tracking the developments of the
`
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`latest 3GPP2 specifications and other submissions. For example, researchers at
`
`universities and engineers in industry tracked 3GPP2 developments to ensure that
`
`research, products, and services developed by their companies were consistent with
`
`the standards being developed.
`
`30.
`
`It is my opinion that a POSITA in cellular communications would be
`
`and was familiar with 3GPP2 and the specification-related documents produced as
`
`part of the 3GPP2 process in order to better perform his or her job. Without access
`
`to and knowledge of the 3GPP2 documentation, including for example the
`
`substantive contents of 3GPP2 technical specifications, an engineer could not
`
`develop products that were interoperable with the worldwide 3G standards (and later
`
`improvements) developed by 3GPP2. Because 3GPP2 documents were an important
`
`aspect of a POSITA’s professional experience, textbooks and articles about cellular
`
`communications commonly directed readers to the 3GPP2 website for information
`
`regarding standards development. As a POSITA in cellular communications myself,
`
`I would regularly visit the 3GPP2 website for the latest developments in 3G standard
`
`setting and refer colleagues involved in the development of 3G devices to the 3GPP2
`
`website as a valuable reference.
`
`IV. DEVELOPMENT AND PUBLIC AVAILABILITY OF 3GPP2
`DOCUMENTS
`
`31. The development of documents was a structured process within 3GPP2.
`
`3GPP2 technical specifications, technical reports, and feasibility reports were driven
`
`Ex. 1010 - Sierra Wireless, Inc.
`Sierra Wireless, Inc., et al. v. Sisvel S.P.A., IPR2021-01141
`Page 17 of 439
`
`
`
`by contributions from its member companies at both the WG-level and TSG-level.
`
`The development of these documents by 3GPP2 was an ongoing, collaborative effort
`
`involving hundreds of engineers from its many member or observing companies.
`
`The TSGs/WGs held meetings where member companies’ contributions, draft
`
`specifications/reports, and other documents that had been agreed upon by the WGs
`
`were presented for approval. Exh. [C], at 33 (“Deliverable types,” stating that
`
`Technical Specifications and Technical Reports are “created and approved by the
`
`TSGs”). When there were new concepts to discuss at WG meetings, the WG would
`
`start a Technical Report to further develop those ideas. Once a Technical
`
`Specification was formally approved by the TSG, it was sent to the Steering
`
`Committee for final approval. Id. at 18 (“Article 19: SC Decision Making”), 24
`
`(“TSG Decision Making”).
`
`A.
`
`3GPP2 Contribution Documents Were Publicly Available
`
`32.
`
`3GPP2 members would regularly submit written “Contributions” for
`
`consideration and potential implementation. Such contribution documents were
`
`made available prior to or at least during particular 3GPP2 WG or TSG meetings.
`
`See Exh. [C] at 24-25 (“Contributions on which decisions will be based should be
`
`made available in good time before each meeting. TSGs may establish informal
`
`guidelines for dealing with late contributions.”).
`
`Ex. 1010 - Sierra Wireless, Inc.
`Sierra Wireless, Inc., et al. v. Sisvel S.P.A., IPR2021-01141
`Page 18 of 439
`
`
`
`33. During regularly-scheduled 3GPP2 WG meetings, WG members would
`
`study and discuss the contribution documents submitted by 3GPP2 members.
`
`Contribution documents could be used to introduce new features or to request a
`
`change in an existing 3GPP2 technical specification. These types of change requests
`
`were commonly known within 3GPP2 as “the Change Request” (CR) and followed
`
`a specific, 3GPP2-defined procedure to create revised versions of 3GPP2
`
`specifications after their initial approval (e.g., Releases). Change Requests were
`
`commonly used
`
`to update an earlier Release
`
`to add a new feature,
`
`correct/clarify/enhance an existing feature, or correct textual errors. The approval
`
`process for considering and adopting these contribution documents was the same as
`
`that used for the approval of technical specifications.
`
`34.
`
`In the ordinary course of 3GPP2’s regularly-conducted business
`
`activities and pursuant to its standard business practices, 3GPP2 assigned a unique
`
`document number to each contribution document.
`
`35. Members of 3GPP2 would regularly download or upload contribution
`
`documents to 3GPP2’s public FTP server before, during, and after WG meetings.
`
`An FTP server is a dedicated computer which allows users to establish connections
`
`from their computers (called client computers, or simply clients) to transfer files
`
`using File Transfer Protocol (FTP). In order to ensure that connections can be
`
`established at all times from the clients, an FTP server is always switched on. An
`
`Ex. 1010 - Sierra Wireless, Inc.
`Sierra Wireless, Inc., et al. v. Sisvel S.P.A., IPR2021-01141
`Page 19 of 439
`
`
`
`FTP server can provide anonymous access to users without need of login credentials
`
`to download files from the servers anonymously. The FTP server can, among other
`
`things, authorize access for the public to those folders residing in the FTP server that
`
`are meant for public access. Such files residing in FTP servers can be retrieved by
`
`using the internet. Downloading or uploading contribution documents to 3GPP2’s
`
`public FTP server was the principal mechanism for how the contribution documents
`
`that were to be discussed, debated, modified, and/or adopted as part of the WG
`
`meetings were distributed to the other members of the group. Once uploaded, the
`
`contribution documents were publicly-available (i.e., there were no restrictions on
`
`the accessing of these documents, as my colleagues and I at KDDI and Toshiba
`
`regularly accessed specifications and contribution documents from 3GPP2’s website
`
`as early as 1999) via the 3GPP2 FTP server. 3GPP2 encouraged free and public
`
`accessibility in order to encourage discussion and collaboration among WG
`
`members to assist in the establishment of industry standards for cellular
`
`telecommunications.
`
`36.
`
`3GPP2 still today maintains an FTP site where the contributions going
`
`back to the 1990s and early 2000s can be downloaded. The FTP site now requires
`
`users to input a username and “password” to access the materials. (I put “password”
`
`in quotation marks because—even today—it’s not a particularly secure or difficult-
`
`to-guess password. The current “password” is “12345@ftp”.)
`
`Ex. 1010 - Sierra Wireless, Inc.
`Sierra Wireless, Inc., et al. v. Sisvel S.P.A., IPR2021-01141
`Page 20 of 439
`
`
`
`37. Regardless, no password was required from 2000 to 2002. In 2000,
`
`2001, and 2002, 3GPP2 documents, including WG meeting contributions, were
`
`freely available to download by anyone who wished to do so without a password. I
`
`personally accessed the 3GPP2 FTP site numerous times in 2000, 2001, and 2002,
`
`without having to enter a password.
`
`38.
`
`It is not just my recollection that confirms that 3GPP2 documents were
`
`freely available without a password in 2000-2002. The Internet Archive (wayback
`
`machine) was able to access and catalog the 3GPP2 FTP site in 2001, which would
`
`not have been possible if it required a password to access it. See Exh. [Q] (wayback
`
`machine capture of 3GPP2 FTP site http://ftp.3gpp2.org/ on February 23, 2001,
`
`available at http://web.archive.org/web/20010223163819/http://ftp.3gpp2.org/).
`
`You can also tell this because the Internet Archive (wayback machine) capture from
`
`April
`
`of
`
`2001
`
`of
`
`the
`
`TSG-C
`
`page
`
`on
`
`the
`
`3GPP2
`
`site
`
`(http://web.archive.org/web/20010407205708/http://www.3gpp2.org/Public_html/
`
`C/index.cfm) includes a link for “Meeting Contributions,” which pointed to the FTP
`
`site. Exh. [R]. Additionally, as part of my preparation of this Declaration, I retrieved
`
`the May 2001 meeting summary posted in connection with the June 2001 3GPP2
`
`TSG-C WG5 meeting in Vancouver, Canada, which was stored on the 3GPP2 FTP
`
`site in 2001. Exh. [O]. As can be seen in Exh. [J] and in the Figure-1 to Figure-3,
`
`review captures of the 3GPP2 site as of 2001 using the Internet Archive (wayback
`
`Ex. 1010 - Sierra Wireless, Inc.
`Sierra Wireless, Inc., et al. v. Sisvel S.P.A., IPR2021-01141
`Page 21 of 439
`
`
`
`machine), links to the meeting summaries of various TSG-C meetings, including the
`
`meetings discussed below, were posted on the 3GPP2 website itself in 2001.
`
`Figure-1,
`
`
`
`Ex. 1010 - Sierra Wireless, Inc.
`Sierra Wireless, Inc., et al. v. Sisvel S.P.A., IPR2021-01141
`Page 22 of 439
`
`
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