`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`TELEFONAKTIEBOLAGET LM ERICSSON,
`Patent Owner
`
`
`
`U.S. PATENT NO. 8,995,357
`
`
`
`
`
`
`DECLARATION OF FRIEDHELM RODERMUND
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT NO. 8,995,357
`
`
`
`APPLE 1035
`
`1
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`TABLE OF CONTENTS
`
`Page
`INTRODUCTION AND ENGAGEMENT ......................................... 1
`I.
`BACKGROUND AND QUALIFICATIONS ...................................... 3
`II.
`SUMMARY OF MY OPINIONS ........................................................ 8
`III.
`PUBLICATION OF 3GPP SPECIFICATIONS AND RELATED
`IV.
`DOCUMENTS ......................................................................................................... 9
`A. General Practices .................................................................................. 9
`B.
`Specific Documents ........................................................................... 21
`1.
`R1-01-0079 .............................................................................. 21
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`R1-01-0312 .............................................................................. 25
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`R2-071762................................................................................ 30
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`R2-072183................................................................................ 34
`
`R2-071911................................................................................ 38
`
`R2-071337................................................................................ 43
`
`TS 25.301 v7.1.0 ...................................................................... 47
`
`TS 44.018 v7.8.0 ...................................................................... 56
`
`AVAILABILITY FOR CROSS-EXAMINATION ........................... 64
`Right To Supplement ......................................................................... 64
`
`A.
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`V.
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`
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`2
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`B.
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`Signature ............................................................................................ 64
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`
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`3
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`I, Friedhelm Rodermund, do hereby declare as follows:
`
`I.
`
`INTRODUCTION AND ENGAGEMENT
`
`1.
`
`I have been retained in this matter by Apple Inc. (“Petitioner” or
`
`“Apple”) to provide testimony regarding 3GPP’s standard business practices for
`
`record keeping and publishing technical specifications, change request proposals,
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`reports, and other documents developed during the course of standards activities
`
`carried out by the 3rd Generation Partnership Project (“3GPP”) and the European
`
`Telecommunications Standards Institute (“ETSI”).
`
`2.
`
`I have been asked to provide my opinions regarding the authenticity
`
`and dates of public accessibility of the following 3GPP documents:
`
`• T-doc R1-01-0079, which represents a document with the title
`
`“Variable TTI proposal for HSDPA” (hereinafter “R1-01-0079”) (Ex.
`
`1013)
`
`• T-doc R1-01-0312, which represents a document with the title
`
`“Downlink Model for HSDPA” (hereinafter “R1-01-0312”) (Ex. 1011)
`
`• T-doc R2-071762, which represents a document with the title
`
`“Scheduling of D-BCH” (hereinafter “R2-071762”) (Ex. 1007)
`
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`• T-doc R2-072183, which represents a proposed Liaison Statement from
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`RAN WG2 to RAN WG1 on the provisioning of system information in
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`LTE (hereinafter “R2-072183”) (Ex. 1005)
`
`• T-doc R2-071911, which represents a document with the title “System
`
`information structure (with TP)” (hereinafter “R2-071911”) (Ex. 1012)
`
`• T-doc R2-071337, which represents a document with the title “System
`
`information scheduling and change notification” (hereinafter “R2-
`
`071337”) (Ex. 1018)
`
`• Version 7.1.0 of technical specification 3GPP TS 25.301 (“Technical
`
`Specification Group Radio Access Network; Radio Interface Protocol
`
`Architecture (Release 7)”) (hereinafter “TS 25.301 v7.1.0”) (Ex. 1009)
`
`• Version 7.8.0 of technical specification 3GPP TS 44.018 (“Technical
`
`Specification Group GSM/EDGE Radio Access Network; Mobile radio
`
`interface layer 3 specification; Radio Resource Control (RRC) protocol
`
`(Release 7)”) (hereinafter “TS 44.018 v7.8.0”) (Ex. 1010)
`
`3.
`
`As an ETSI Project Manager and Secretary, from June 1998 to
`
`December 2004, I have personal knowledge of 3GPP’s standard business and
`
`records keeping practices. I continued following 3GPP’s work ever since. Thus,
`
`based on my experience, personal knowledge, and review of 3GPP’s business
`
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`5
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`records, I am able to testify regarding the authenticity of certain documents
`
`published by 3GPP and the timing of their publication.
`
`4.
`
`I am also knowledgeable about document management practices and
`
`the usage of email reflectors in TSG RAN WG1 and TSG RAN WG2. This is due
`
`to the fact that all 3GPP working groups used the same document repository on
`
`ftp.3gpp.org and all working groups use the same email exploder tool. Thus, I’m
`
`able to testify regarding the availability and authenticity of any 3GPP documents.
`
`5.
`
`I am being compensated for my time spent on this matter at my usual
`
`rate of €450 per hour. My fee is not contingent on the outcome of this or any matter,
`
`or on the content of any of the testimony I give in this declaration. I have no financial
`
`interest in Petitioner.
`
`6.
`
`I have been
`
`informed
`
`that Telefonaktiebolaget LM Ericsson
`
`(hereinafter referred to as “Patent Owner”) alleges ownership and is the current
`
`assignee of U.S. Patent No. 8,995,357 (“the ’357 Patent”) (Ex. 1001). I have no
`
`financial interest in the Patent Owner or the ’357 patent.
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`7.
`
`I have more than 20 years of experience working with standards
`
`development organizations including the Third Generation Partnership Project
`
`(“3GPP”), the European Telecommunications Standards Institute (“ETSI”), and the
`
`Open Mobile Alliance (“OMA”). I have particular experience with the development
`
`
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`6
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`of standards related to cellular telecommunications, including the standards for the
`
`Universal Mobile Telecommunications System (“UMTS”), Long Term Evolution
`
`(“LTE”), and 5G, which are all standards developed by the 3GPP.
`
`8.
`
`I attended the University of Technology Aachen in Aachen, Germany,
`
`where I performed graduate studies in Electrical Engineering with a focus on
`
`telecommunications technologies (“Dipl.-Ing. TH” degree). I also attended the
`
`University of Technology Trondheim in Trondheim, Norway, and completed my
`
`Diploma thesis, “Design of a dual processor computer for digital signal processing
`
`in power electronics,” in 1993.
`
`9.
`
`From December 1993 to June 1998, I worked at Mannesmann
`
`Mobilfunk as a System Engineer and Project Manager in Quality Assurance and
`
`Technical Standards. One of my responsibilities was to ensure by managing and
`
`performing related test activities that cellular network equipment was compatible
`
`with the Global System for Mobile Communications (“GSM”) standard developed
`
`by ETSI. During that time, I also started working as a standards delegate. I attended
`
`my first ETSI meeting in 1996 (although I was already following ETSI
`
`developments from 1992 during my studies).
`
`10. From June 1998 to December 2004, I worked at ETSI as a project
`
`manager for various ETSI Special Mobile Group (“SMG”) and 3GPP working
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`groups. First, I served as a secretary of SMG4 “Data Services” and SMG8 “Base
`
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`Stations Testing.” Then, as a project manager with the ETSI Mobile Competence
`
`Center (“MCC”), I supported establishing 3GPP as the new international standards
`
`development organization for cellular telecommunications. One of my roles was
`
`acting as Secretary for 3GPP’s Technical Specifications Group Terminals, Working
`
`Group (“T2”), the group which played a leading role in the creation of standards for
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`Multimedia such as the Multimedia Messaging Service (“MMS”).
`
`11. Later, I was a secretary of the highest-level Technical Specifications
`
`Group Terminals which was besides other things responsible for the development of
`
`test specifications including tests for the radio interface.
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`12.
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`I edited all technical specifications produced by my working groups and
`
`presented results to the parent body for approval. I attended all meetings (apart from
`
`some sub-working group meetings) and was also responsible for compiling meeting
`
`reports, for handling all the meeting documents, and managing the work plan. It was
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`also my role to guide the groups and to advise the chairmen regarding 3GPP working
`
`methods and procedures including document handling, and to make sure delegates
`
`were aware of their company’s obligations under the 3GPP Intellectual Property
`
`Rights policy.
`
`13. As part of my responsibilities at ETSI, I acted as a 3GPP custodian of
`
`records by personally managing 3GPP’s public File Transfer Protocol (ftp) folders,
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`which I used to make publicly accessible various 3GPP documents, including
`
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`versions of 3GPP specifications, technical reports, liaison statements, change
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`requests, contributions, agendas, meeting reports, and other 3GPP documents from
`
`my working groups. I am also knowledgeable about document management
`
`practices used in other working groups and within 3GPP in general with regard to
`
`making documents publicly accessible through the same, public ftp server of 3GPP.
`
`14. Since I left ETSI as a staff member in 2005, I have been continuously
`
`involved in standardization activities, including with Open Mobile Alliance, ETSI,
`
`and 3GPP. Since 2017, I also have been attending the ETSI IPR Special Committee,
`
`which is responsible for the maintenance of the ETSI IPR Policy.
`
`15. After I left ETSI, I worked from January 2005 to October 2014 at
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`Vodafone, first as a Project Manager for Mobile Broadcast Standards, and then as
`
`Vice Chairman of the Device Management working group of the Open Mobile
`
`Alliance, and then as a Senior Standards Strategist, all with responsibilities as
`
`described on my C.V. At Vodafone, I was deeply involved in standards work with
`
`ETSI and 3GPP and other standards setting organizations, including as a delegate to
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`3GPP SA1 “Services.” As part of my responsibilities, I attended selected 3GPP
`
`meetings, submitted documents to 3GPP, used 3GPP resources (including 3GPP’s
`
`ftp server) extensively, and remained knowledgeable about 3GPP policies and
`
`procedures with regard to document management and public accessibility. I was also
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`involved in the creation of patents, defense activities related to patent litigations, and
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`patent evaluation, mostly in the context of standards development.
`
`16. Since leaving Vodafone in 2014, I have performed consulting work
`
`regarding Internet of Things (IoT) and Machine to Machine (M2M) technology and
`
`standards, first at Friedhelm Rodermund Consulting and then as the Founder and
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`Director of IOTECC GmbH. In connection with my work, I regularly deal with
`
`standards such as OMA’s Lightweight M2M, 3GPP’s LTE, Narrowband IoT (NB-
`
`IoT) and 5G standards. And I have extensively used 3GPP resources and have
`
`remained knowledgeable about 3GPP policies and procedures with regard to
`
`document management and public accessibility.
`
`17.
`
`I also provide consulting services related to patents, in particular around
`
`3GPP Standard Essential Patents (“SEPs”), and I have been working as an expert
`
`witness on a number of occasions. I continue to closely follow the maintenance of
`
`the ETSI IPR Policy as a delegate to the ETSI IPR Special Committee. Furthermore,
`
`I am conducting a seminar on SEPs and the Internet of Things at the Technical
`
`University of Ilmenau, Germany.
`
`18. At the time of writing this declaration, I am following – including
`
`attending selected meetings - the following standards committees: ETSI oneM2M,
`
`ETSI IPR Special Committee, Open Mobile Alliance, and 3GPP.
`
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`19. A copy of my curriculum vitae, which includes a detailed description
`
`of my experience and education, is attached as Appendix A. A list of litigation
`
`matters on which I have worked over the last five years is also included in my
`
`curriculum vitae.
`
`III.
`
`SUMMARY OF MY OPINIONS
`
`20.
`
`It is my opinion that R1-01-0079 (Ex. 1013) is an authentic 3GPP T-
`
`doc and would have been publicly accessible through ftp.3gpp.org no later than
`
`January 22, 2001.
`
`21.
`
`It is my opinion that R1-01-0312 (Ex. 1011) is an authentic 3GPP T-
`
`doc and would have been publicly accessible through ftp.3gpp.org no later than
`
`March 4, 2001.
`
`22.
`
`It is my opinion that R2-071762 (Ex. 1007) is an authentic 3GPP T-
`
`doc and would have been publicly accessible through ftp.3gpp.org no later than
`
`May 4, 2007.
`
`23.
`
`It is my opinion that R2-072183 (Ex. 1005) is an authentic 3GPP T-
`
`doc and would have been publicly accessible through ftp.3gpp.org no later than
`
`May 15, 2007.
`
`24.
`
`It is my opinion that R2-071911 (Ex. 1012) is an authentic 3GPP T-doc
`
`and would have been publicly accessible through ftp.3gpp.org no later than May 4,
`
`2007.
`
`
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`25.
`
`It is my opinion that R2-071337 (Ex. 1018) is an authentic 3GPP T-doc
`
`and would have been publicly accessible through ftp.3gpp.org no later than March
`
`22, 2007.
`
`26.
`
`It is my opinion that TS 25.301 v7.1.0 (Ex. 1009) is a technical
`
`specification published by 3GPP and would have been publicly accessible through
`
`ftp.3gpp.org as of April 6, 2007.
`
`27.
`
`It is my opinion that TS 44.018 v7.8.0 (Ex. 1010) is a technical
`
`specification published by 3GPP and would have been publicly accessible through
`
`ftp.3gpp.org as of March 2, 2007.
`
`IV. PUBLICATION OF 3GPP SPECIFICATIONS AND RELATED
`DOCUMENTS
`A. General Practices
`
`28. Unless otherwise noted, the following is an accurate description of
`
`3GPP general practices from 1998 to the present, regardless of whether I use the
`
`present or past tense to describe those practices.
`
`29.
`
`3GPP was established in 1998 by a group of telecommunications
`
`standard development organizations from Japan, Korea, China, Europe, and the
`
`United States
`
`to
`
`jointly develop worldwide
`
`standards
`
`for mobile
`
`telecommunications. Today, 3GPP consists of seven partners: Association of Radio
`
`Industries and Businesses, Japan (“ARIB”), Alliance for Telecommunications
`
`
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`Industry Solutions, USA (“ATIS”), China Communications Standards Association
`
`(“CCSA”), European Telecommunications Standards
`
`Institute
`
`(“ETSI”),
`
`Telecommunications Standards Development Society,
`
`India
`
`(“TSDSI”),
`
`Telecommunications
`
`Technology Association, Korea
`
`(“TTA”),
`
`and
`
`Telecommunication Technology Committee, Japan (“TTC”). In addition to being
`
`one of the founding partners, ETSI hosts the Mobile Competence Centre (“MCC”),
`
`which provides administrative and technical support for the day-to-day work of
`
`3GPP. Furthermore, ETSI manages 3GPP’s IT services such as the 3GPP website,
`
`ftp server, and email exploders.
`
`30.
`
`3GPP is the world’s leading organization for developing and
`
`maintaining cellular telecommunications standards, which it has done since its
`
`foundation in 1998. As noted above and in my C.V., I began working for 3GPP, as
`
`part of my work at ETSI, the European-based organizational partner of 3GPP.
`
`31.
`
`In the ordinary course of its regularly conducted business activities, and
`
`pursuant to its standard business practices, 3GPP publishes technical specifications,
`
`proposals, reports, and other documents related to the development of cellular
`
`telecommunications standards. Such documents are published for the purposes of
`
`discussion and establishment of industry standards for cellular telecommunications.
`
`This has been 3GPP’s ordinary course of business since when I began working at
`
`ETSI in 1998.
`
`
`
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`32.
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`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, all draft technical
`
`specifications, proposals, reports, and other temporary documents to be discussed or
`
`considered in relation to 3GPP’s telecommunications standards activities were, and
`
`continue to be, assigned a temporary document number and made publicly available,
`
`including on the ftp server associated with the 3GPP website, currently residing at
`
`ftp.3gpp.org. Such documents are referred to as “T-docs.” Final versions of the
`
`technical specifications also were, and continue to be, publicly available from that
`
`same ftp server.
`
`33. The names and the structure of 3GPP working groups, as of April 2007
`
`can be found at
`
`
`
`https://web.archive.org/web/20071230120440/http://www.3gpp.org/TB/home.htm
`
`(reproduced below):
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`
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`34. Each Technical Specification Group (TSG) or Working Group adopts
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`a structured numbering system for the documents associated with their meetings,
`
`and those systems typically follow a consistent numbering system as shown in the
`
`following example: xminnzzzz. The numbering system normally comprises five
`
`logical elements: (1) x: a single letter corresponding to the TSG; wherein in
`
`2007/2008 x was one of R (Radio Access Network), C (Core and Terminals), S
`
`(Service and System Aspects), or G (GSM/EDGE Radio Access Network); (2) m: a
`
`single character corresponding to the Working Group identity (typically 1, 2, 3, etc.)
`
`or, in the case of the TSG itself, the letter “P”; (3) i: normally the hyphen character
`
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`“-”; (4) nn: the calendar year of the meeting to which the document was submitted;
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`and (5) zzzz: a running number.
`
`35.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, from December 1998
`
`onwards, 3GPP published all of its T-docs and all final versions of its technical
`
`specifications on its ftp server, which has always been easily and publicly accessible
`
`from its website and currently resides at ftp.3gpp.org.
`
`36. As early as December 1998, 3GPP’s ftp server was freely accessible to
`
`the general public with no login, password, or membership requirement.
`
`37. By 1999, at least 100 companies were members of 3GPP (719
`
`companies by December 2020), ranging from Bosch to Ericsson to Nokia to
`
`Samsung and generally including those interested in the discussion, creation, and
`
`adoption of cellular telecommunications standards, including UMTS. Each of these
`
`companies typically delegated multiple individuals to regularly participate in 3GPP
`
`meetings. Further, pursuant to 3GPP’s standard business practices, 3GPP working
`
`groups sent emails notifying these individuals as soon as new or additional
`
`documents had been uploaded to 3GPP’s ftp server. Thus, not only did the general
`
`public have access to the documents on the ftp server, but some of the most interested
`
`members of the public—those working to develop standards for cellular
`
`telecommunication or working to implement the standards—were personally
`
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`informed of their availability by email. Based on my experience with 3GPP and the
`
`telecommunications industry, I would expect any person implementing a cellular
`
`network or device, e.g., an LTE network or device, to consult the corresponding
`
`specifications on the 3GPP ftp server, as well as other related documents. The whole
`
`purpose of 3GPP creating and making these specifications available was so that
`
`engineers and other individuals would have ready access to them when developing
`
`and implementing cellular networks and devices.
`
`38. By June 1999, 3GPP’s ftp server was well-known to persons in the
`
`cellular telecommunications industry as a source of public information regarding
`
`industry standards and technological advances.
`
`39.
`
`3GPP specifications bear a specification number consisting of four or
`
`five digits, e.g., 09.02 or 29.002. The first two digits define the specification series
`
`which are defined to group the different aspects of the 3GPP system into, e.g.
`
`requirements, service aspects, radio aspects codecs, security aspects, and test
`
`specifications. The series digits are followed by two additional digits for the 01 to
`
`13 series or three further digits for the 21 to 55 series. The subjects of the individual
`
`specification
`
`series
`
`are
`
`explained
`
`on
`
`3GPP’s
`
`website
`
`at
`
`https://www.3gpp.org/specifications/specification-numbering,
`
`and
`
`reproduced
`
`below:
`
`
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`40. For example, the LTE radio standard is covered in the “36 series” and
`
`is further subdivided into separate sections or specifications. The LTE radio
`
`specification starts at TS 36.101 and ends at TR 36.978. Excluding withdrawn
`
`specifications, the LTE standard consists of more than 250 specifications. Each
`
`
`
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`specification can span from a few pages to hundreds of pages. One full version of
`
`the LTE standard is massive, spanning tens of thousands of pages.
`
`41.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, T-docs are usually
`
`uploaded to 3GPP’s ftp server and website before the meeting where they are to be
`
`discussed. Documents created or revised during the course of a meeting are normally
`
`uploaded at the latest during the week following the meeting (e.g., the meeting report
`
`of the meeting is usually published for review during the week following the
`
`meeting).
`
`42.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, 3GPP maintains archives
`
`that include different versions of the specifications, as well as email communications
`
`to its membership, including emails announcing the uploading of new or additional
`
`documents to 3GPP’s ftp server. These archives are created at the time the emails
`
`are initially sent.
`
`43. At least as early as July 1999, all of 3GPP’s email archives, including
`
`the dedicated email list for TSG RAN WG1 and TSG RAN WG2 were freely
`
`accessible to the general public with no login, password, or membership
`
`requirement. The screenshot below represents the subscription page of the 3GPP
`
`
`
`
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`19
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`RAN WG2 email list from July 2002 as maintained by the Internet Archive1
`
`demonstrating that this webpage was publicly available and that only email address
`
`and name had to be entered to join the email list. Alternatively, everyone interested
`
`could obtain a LISTSERV password for managing subscriptions interactively
`
`without email confirmations. I can confirm that this webpage looked similar at the
`
`time the cited documents were published (2001 and 2007) and that subscription
`
`was already possible for every interested individual since the early days of 3GPP in
`
`1999.
`
`
`
`
`
`1 See
`https://web.archive.org/web/20020728212703/http://list.etsi.org:80/scripts/wa.exe?
`SUBED1=3gpp_tsg_ran_wg2&A=1
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`
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`
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`44. Each of 3GPP’s member companies typically assigned one or more
`
`individuals to regularly participate in these email lists. Thus, not only did the
`
`general public have access to the emails in 3GPP’s email archives, but some of the
`
`most interested members of the public–those working to develop standards for
`
`cellular telecommunication–personally received copies of such emails through
`
`their participation in the email lists.
`
`45. By June 1999, 3GPP’s email archives were well-known to persons in
`
`the cellular telecommunications industry as a source of public information and of
`
`
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`
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`21
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`technical specifications, proposals, meeting announcements, technical discussions
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`and reports regarding industry standards and technological advances.
`
`46. Based on my experience with 3GPP and the telecommunications
`
`industry, I would expect a person interested in the development of cellular
`
`standards, e.g., UMTS, to consult the emails archives of the working groups and
`
`TSGs that person is interested in, and/or, to be subscribed to the corresponding
`
`email reflectors to receive any email notifications in real-time.
`
`47.
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`3GPP specifications almost always are duplicated in at least two and
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`sometime more locations on the ftp server. One location corresponds to a “snapshot”
`
`of the specifications corresponding to a particular plenary meeting cycle—for
`
`instance, the 2018-12 snapshot contains a snapshot of numerous specifications after
`
`the December 2018 3GPP plenary meetings. The second location is an “archive” that
`
`contains all versions over time for a given specification. While 3GPP aims to upload
`
`the updated specifications to both locations at the same time, occasionally there may
`
`be a small difference in the upload date, and thus the date stamp, for the same
`
`specification uploaded to the two locations. Additionally, specifications which are
`
`not yet approved (so called “draft” specifications) are presented as T-docs at working
`
`group and at plenary meetings (as soon as the working group decides to submit the
`
`specification to the plenary meeting for information or approval). In many cases, the
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`T-docs are also distributed on the email exploder of the working group prior to the
`
`
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`22
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`meeting, making the T-docs available to all those subscribed to the email distribution
`
`list.
`
`48. The timestamp on 3GPP’s ftp server shows the date when the document
`
`was uploaded the last time. Thus, the timestamp shows the latest possible date the
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`document became publicly available and accessible on 3GPP’s ftp server. The given
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`document might have been available earlier and the original timestamp might have
`
`been overwritten because the document was uploaded again. According to my
`
`experience, this is something which happened quite frequently. Thus, the ftp
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`timestamp is reliable as the latest possible upload date but one cannot determine
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`whether it represents the first upload of a document to the ftp server.
`
`49.
`
`3GPP’s working practice to store their documents on its ftp server, as
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`described above, has not changed over time. Starting from the first 3GPP meetings
`
`in 1998 until present, all WGs and plenary meetings are represented by dedicated
`
`meeting folders on the ftp server. These meeting folders include the documents
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`discussed at the meetings. Both the folders and the documents are accessible to the
`
`public. Almost every week, a new meeting folder with the respective documents is
`
`added. In addition to the plenary and WG meeting folders, and some other folders,
`
`there is also the “Specs” folder, which holds all 3GPP specifications including the
`
`aforementioned “snapshot” and archive folders. Since the early days of 3GPP a new
`
`folder is added inside the “Specs” folder after each TSG plenary meeting to hold the
`
`
`
`
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`23
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`
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`latest versions of specifications approved at those TSG plenary meetings. This is still
`
`3GPP’s working practice today; thus, this practice has not changed over time.
`
`B.
`
`Specific Documents
`
`1.
`
`R1-01-0079
`
`50. Based on my personal knowledge and my review of 3GPP’s business
`
`records, I recognize Ex. 1013 as a true and correct copy of T-doc R1-01-0079, which
`
`represents a document with the title “Variable TTI proposal for HSDPA.” The
`
`document was authored by Lucent Technologies and discusses benefits and
`
`simulation results of a variable length transmission time interval (TTI) for the HS-
`
`DSCH. On its face, R1-01-0079 refers to the RAN WG1 meeting #18 held on
`
`January 15-19, 2001, in Boston, USA. The number of the meeting and the year was
`
`omitted from the document’s face; however, I was able to identify the correct
`
`meeting and year by retrieving the document from the corresponding RAN WG1
`
`meeting #18 folder. Thus, based on my personal knowledge and experience with
`
`ETSI’s and 3GPP’s standard business practices, this information tells me that R1-
`
`01-0079 was available either prior to or during that meeting to at least all attending
`
`3GPP members. The public availability of the document is confirmed by the date
`
`stamp, January 22, 2001, shown on the historic 3GPP ftp server for the
`
`corresponding downloadable file (“R1-01-0079.pdf”), as maintained by the Internet
`
`Archive at
`
`
`
`
`
`
`
`24
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`
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`Ex. 1035 - Declaration of Friedhelm Rodermund
`
`https://web.archive.org/web/20010523025623/http://www.3gpp.org/ftp/tsg_ran/W
`
`G1_RL1/TSGR1_18/Docs/PDFs. This information is also shown on the date stamp
`
`for the present-day listing of the same document on the 3GPP ftp server at
`
`
`
`https://www.3gpp.org/ftp/tsg_ran/WG1_RL1/TSGR1_18/Docs/PDFs, as shown in
`
`the screenshot below:
`
`
`
`
`
`
`
`51.
`
`In addition, metadata information for the downloaded and extracted T-
`
`doc file states a last Modified date of “22. Jan. 2001”, as shown in the screenshot
`
`below:
`
`
`
`
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`25
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`
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`52. The official meeting report of the RAN WG1 meeting #18 held on
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`January 15-19, 2001, can be found as T-doc R1-01-0188 in Appendix B. According
`
`
`
`
`
`
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`26
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`
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`to the 3GPP website at https://portal.3gpp.org/Meetings.aspx#/ which is shown by
`
`the screenshot below, that meeting was attended by 110 individuals (out of 117
`
`registered participants):
`
`53.
`
`In the meeting report, T-doc R1-01-0079 is referred to on page 16.
`
`There the document is mentioned several times which clearly shows the document
`
`was available at the RAN WG1 meeting #18. The meeting report mentions on page
`
`16 that the document raised a lot of questions as can be seen by the screenshot below:
`
`
`
`
`
`
`
`
`
`
`
`
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`27
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`
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`Ex. 1035 - Declaration of Friedhelm Rodermund
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`54. Furthermore,
`
`the
`
`document was
`
`distributed
`
`via
`
`the
`
`3GPP_TSG_RAN_WG1 email exploder on January 14, 2001, as shown in Appendix
`
`C. At that time this email exploder had around 1000 subscribers as can be seen by
`
`the
`
`Internet
`
`Archive
`
`at
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`https://web.archive.org/web/20010330204214/http://list.3gpp.org/.
`
`55. Thus, based on my personal knowledge and experience with ETSI’s
`
`and 3GPP’s standard business practices, this information tells me that this document
`
`was available to all subscribers of the 3GPP_TSG_RAN_WG1 email exploder by
`
`January 14, 2001, and to the general public by January 22, 2001, at the latest.
`
`
`
`2.
`
`R1-01-0312
`
`56. Based on my personal knowledge and my review of 3GPP’s business
`
`records, I recognize Ex. 1011 as a true and correct copy of T-doc R1-01-0312, which
`
`represents a document with the title “Downlink Model for HSDPA.” The document
`
`was authored by Lucent Technologies and it provides clarifications to comments and
`
`questions on Lucent’s Downlink model proposal for HSDPA. On its face, R1-01-
`
`0312 refers to the RAN WG1 meeting #19 held on February 26 – March 2, 2001, in
`
`Las Vegas, USA. Thus, based on my personal knowledge and experience with
`
`ETSI’s and 3GPP’s standard business practices, this information tells me that R1-
`
`01-0312 was available either prior to or during that meeting to at least all attending
`
`
`
`
`
`28
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`
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`Ex. 1035 - Declaration of Friedhelm Rodermund
`
`3GPP members. The public availability of the document is confirmed by the date
`
`stamp, March 4, 2001, shown on the historic 3GPP ftp server for the corresponding
`
`downloadable file (“R1-01-0312.pdf”), as maintained by the Internet Archive at
`
`
`
`https://web.archive.org/web/20010519154508/http://www.3gpp.org/ftp/tsg_ran/W
`
`G1_RL1/TSGR1_19/Docs/PDFs/. This information is also shown on the date stamp
`
`for the present-day listing of the same document on the 3GPP ftp server at
`
`
`
`https://www.3gpp.org/ftp/tsg_ran/WG1_RL1/TSGR1_19/Docs/PDFs, as shown in
`
`the scre
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