Exhibit A-14 - Invalidity of U.S. Patent No. 10,715,235 in view of U.S. Patent No. 7,155,231 (“Burke”)
`
`Based upon XR Communications’ Complaint, Infringement Contentions, and apparent claim constructions and application of the claims to the
`accused products, as best as they can be deciphered, the reference charted below anticipates or at least renders obvious the asserted claims. These
`invalidity contentions are not an admission that the accused products are covered by or infringe the asserted claims, particularly when these
`claims are properly construed and applied. These invalidity contentions are not an admission that concedes or acquiesces to any claim
`construction implied or suggested by XR Communications’ Complaint or Infringement Contentions. These invalidity contentions are not
`asserting any claim construction positions through these charts, including whether the preamble is a limitation. The portions of the prior art
`reference cited below are not exhaustive but are exemplary in nature.
`
`U.S. Patent No. 7,155,231 to Joseph P. Burke (“Burke”), filed Oct. 15, 2002, with Provisional Application No. 60/355,296 filed Feb. 8, 2002,
`and published Aug. 14, 2003, qualifies as prior art under at least pre-AIA 35 U.S.C. §§ 102(a), (b) and (e). As described in the following claim
`chart, the asserted claims of the U.S. Patent No. 10,715,235 (the “’235 Patent”) are invalid as anticipated by Burke.
`
`To the extent that Burke is found not to anticipate one or more of the asserted claims of the ’235 Patent, these claims are invalid as obvious in
`view of Burke alone, in view of the background knowledge and ordinary creativity of a person having ordinary skill in the art at the time the
`’235 Patent was invented, or in combination with other prior art references disclosed in Defendants’ Invalidity Contentions Cover Pleading and
`accompanying charts, including without limitation as set forth below.
`
`Claim 1
`U.S. Patent No. 10,715,235
`No.
`1pre A receiver for use in a wireless
`communications system, the
`receiver comprising:
`
`U.S. Patent No. 7,155,231 (“Burke”)
`To the extent the preamble is limiting, Burke expressly or inherently discloses this claim
`element.
`
`See, e.g.,
`
`“Techniques for pre-correction of transmit signals are disclosed. In one aspect, a transmit
`antenna array configurable to generate multiple transmit beams is deployed. The parameters
`for configuring the antenna array are computed in response to channel estimates and a noise
`floor estimate made at the receiver. Information is transmitted in accordance with the multiple
`transmit beams, delayed as necessary, such that the multipaths may arrive time-aligned an in-
`phase at the receiver. In another aspect, pre-RAKE pre-correction is deployed by calculating
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 1 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`1a
`
`An antenna, wherein the antenna
`comprises a first antenna element
`and a second antenna element;
`
`U.S. Patent No. 7,155,231 (“Burke”)
`Wiener weights. In yet another aspect, space-time diversity is deployed for calculating tap
`values for FIR filters used in transmission on the transmit antenna array. In yet another aspect,
`space only pre-correction is deployed. Various other aspects are also disclosed. These aspects
`have the benefit of reducing the interference experienced at a receiver, resulting in increased
`capacity, increased data throughput, and other system benefits.” Burke, Abstract.
`
`“For clarity, the examples used in describing this invention may assume base stations as the
`originator of signals and mobile stations as receivers and acquirers of those signals, i.e. signals
`on the forward link. Those skilled in the art will understand that mobile stations as well as base
`stations may be equipped to transmit data as described herein and the aspects of the present
`invention apply in those situations as well.” Burke, 3:54-61.
`
`“FIG. 12 depicts a present embodiment of a mobile station 106, configurable for deployment
`with base station 104 and any of the signal conditioners 320, described above. Signals are
`received at antenna 112 (which may be a single antenna, or an array of diversity antennas for
`deploying diversity techniques known in the art). The received signal is conditioned in
`receiver 1210, using techniques appropriate for one or more communication systems
`compatible with mobile station 106, such as those described above. Examples of conditioning
`include amplification, filtering, down conversion, analog to digital conversion, and other
`techniques known in the art.” Burke, 25:56-67.
`
`“In an alternate embodiment, base station 104 may be deployed without pre-correction
`processor 310. The pre-correction parameters may be generated in an alternate device, such as
`mobile station 106, and transmitted for application to signal conditioner 320 via antenna 360,
`receiver 370, and message decoder 380, as described above. This alternate embodiment is not
`shown.” Burke, 5:65-6:4.
`Burke expressly or inherently discloses this claim element.
`
`See, e.g.,
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 2 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`Burke’s mobile station 106 receives a first signal transmission through signal path 150 and a
`second signal transmission through signal path 160 from the base station 104. Burke, 4:6-18.
`
`Burke, Fig. 2.
`
`An array of antennas 110A-110M can “be used to transmit signals to one user …
`simultaneously” and that each antenna in the array can be used to transmit a signal over an
`individual path. Burke, 5:54-55, 8:42-51.
`
`Antenna 112 at the mobile station “may be a single antenna, or an array of diversity antennas.”
`Burke, 25:58-61.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 3 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`“As described above, during optimum performance, pre correction processor 310 produces
`weights and delays that cause the signals received along the various M multipaths to arrive
`simultaneously and in-phase.” Burke, 7:66-8:2.
`
`“[D]uring optimum performance, precorrection processor 310 produces weights and delays
`that cause the signals received along the various M multipaths to arrive simultaneously and in-
`phase.” Burke, 26:16-22; see also id. 5:54-55; see also 7:18-25.
`
`“Fig. 12 depicts a present embodiment of a mobile station 106, configurable for deployment
`with base station 104 and any of the signal conditioners 320, described above. Signals are
`received at antenna 112 (which may be a single antenna or an array of diversity antennas for
`deploying diversity techniques known in the art). The received signal is conditioned in
`receiver 1210, using techniques appropriate for one or more communication systems
`compatible with mobile station 106, such as those described above. Examples of conditioning
`include amplification, filtering, down conversion, and other techniques known in the art.”
`Burke, 25:56-27:22; see also id. 4:6-18.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 4 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`
`Burke, Fig. 12.
`
`“Between the lobes of an antenna beam pattern there exists a null, in which the signals
`transmitted through antennas 104 destructively interfere with each other. … [I]n the
`antenna pattern 130, nulls exist between lobes 130A and 130B, between lobes 130B and
`130C, and between 130C and 130A. In an embodiment, antenna beam pattern 130 is
`formed such that its primary lobe 130A is placed within or nearly within the null between
`lobes 132A and 132B of antenna beam pattern 132. Similarly, antenna beam pattern
`132 is formed such that its primary lobe 132A is placed within or nearly within the null
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 5 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`between lobes 130A and 130C of antenna beam pattern 130. Such careful arrangement
`of antenna beam patterns 130 and 132 reduces the degree to which the signals transmitted
`through each of the antenna beam patterns will interfere with each other when received
`at mobile station antenna 112.” Burke, 4:47-62.
`
`Burke, Fig. 2.
`
`To the extent that this reference does not expressly disclose this claim limitation, in light of
`Plaintiff’s apparent claim construction and infringement positions with respect to the Accused
`Products, a POSITA would have understood it to implicitly disclose it or would have found the
`claim limitation obvious.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 6 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`
`1b
`
`A transceiver operatively coupled to
`the antenna and configured to
`transmit and receive
`electromagnetic signals using the
`antenna; and
`
`Additionally, it would have been obvious to a person of ordinary skill in the art to modify this
`Reference with any one or more of the references disclosed in Defendants’ Invalidity
`Contentions based on knowledge of one of ordinary skill in the art and for the reasons
`articulated Defendants’ Invalidity Contentions Cover Pleading.
`
`Burke expressly or inherently discloses this claim element.
`
`See, e.g.,
`
`“Techniques for pre-correction of transmit signals are disclosed. In one aspect, a transmit
`antenna array configurable to generate multiple transmit beams is deployed. The parameters
`for configuring the antenna array are computed in response to channel estimates and a noise
`floor estimate made at the receiver. Information is transmitted in accordance with the multiple
`transmit beams, delayed as necessary, such that the multipaths may arrive time-aligned an in-
`phase at the receiver. In another aspect, pre-RAKE pre-correction is deployed by calculating
`Wiener weights. In yet another aspect, space-time diversity is deployed for calculating tap
`values for FIR filters used in transmission on the transmit antenna array. In yet another aspect,
`space only pre-correction is deployed. Various other aspects are also disclosed. These aspects
`have the benefit of reducing the interference experienced at a receiver, resulting in increased
`capacity, increased data throughput, and other system benefits.” Burke, Abstract.
`
`“For clarity, the examples used in describing this invention may assume base stations as the
`originator of signals and mobile stations as receivers and acquirers of those signals, i.e. signals
`on the forward link. Those skilled in the art will understand that mobile stations as well as base
`stations may be equipped to transmit data as described herein and the aspects of the present
`invention apply in those situations as well.” Burke, 3:54-65.
`
`“FIG. 2 depicts a portion of wireless communication system 100 in which a base station 104,
`having a plurality of transmit antennas 110A–110M, sends signals to a mobile station 106,
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 7 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`having a receive antenna 112, through two signal paths 150 and 160. Base
`station 104 transmits signals through the antennas 110 such that transmit beam 130 is created
`for transmitting signals along signal path 150. At the same time, base station 104 transmits
`signals through the antennas 110 such that transmit beam 132 is created for transmitting
`signals along signal path 160. Though described in terms of two signal paths (150 and 160),
`the techniques described below extend to any number of signal paths.” Burke, 4:6-18.
`
`“The formation of transmit beams by adapting signals transmitted through multiple antennas,
`called beam forming, is well known in the art. Antenna beam patterns are typically shown
`radiating from a central point of transmission, with the distance of the curve from the central
`point indicating the relative strength of a signal transmitted through the antenna. For clarity,
`the base station 104 and associated antennas 110 are drawn to the left of the antenna beam
`patterns 130 and 132. In actuality, the antennas 110 would be placed in the center 140 of the
`antenna beam patterns 130 and 132, rather than in their center 140.” Burke, 4:19-29.
`
`“The parameters are generated in response to information fed back from the mobile
`station 106 receiving the signals transmitted on antenna array 110. Received signals arrive at
`antenna 360 and are processed in receiver 370, in accordance with one or more systems or
`standards, such as those referenced above. Alternative embodiments may deploy an array of
`antennas for antenna 360, or one or more antennas 110 may be shared for receive and transmit.
`Examples of components that may be deployed in receiver 370 include RF downconverters,
`amplifiers, filters, analog-to-digital (A/D) converters, demodulators, RAKE receivers,
`combiners, deinterleavers, decoders (Viterbi, turbo, block decoders such as those
`implementing Bode-Chaudhury-Hocquenghem (BCH) codes, etc.), and others. Data from
`receiver 370 is delivered to message decoder 380, where various signals or messages directed
`to the base station 104 from a mobile station 106 are decoded. In the present embodiment, the
`information sent to base station 104 includes channel information and noise floor information
`as estimated at the mobile station 106.” Burke, 5:13-32.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 8 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`To the extent that this reference does not expressly disclose this claim limitation, in light of
`Plaintiff’s apparent claim construction and infringement positions with respect to the Accused
`Products, a POSITA would have understood it to implicitly disclose it or would have found the
`claim limitation obvious.
`
`Additionally, it would have been obvious to a person of ordinary skill in the art to modify this
`Reference with any one or more of the references disclosed in Defendants’ Invalidity
`Contentions based on knowledge of one of ordinary skill in the art and for the reasons
`articulated Defendants’ Invalidity Contentions Cover Pleading.
`
`1c
`
`A processor operatively coupled to
`the transceiver, the processor
`configured to:
`
`Burke expressly or inherently discloses this claim element.
`
`See, e.g.,
`
`“Some or all of the functions of signal conditioner 320, transmitters 350, receiver 370, message
`decode 380, and pre-correction processor 310 may be carried out in processor such as a Digital
`Signal Processor (DSP) or other general or special purpose processor (not shown). These
`functions may also be may also be performed using special purpose hardware, co-processors, a
`combination of processors or DSPs, or a combination of all of the above. A processor,
`including pre-correction processor 310, will commonly contain, or be connected with, one or
`more memory elements 350 for storing instructions to carry out the various tasks and processes
`described herein as well as for data storage.” Burke, 5:33-44.
`
`“As described above, during optimum performance, pre-correction processor 310 produces
`weights and delays that cause the signals received along the various M multipaths to arrive
`simultaneously and in-phase. In order to distinguish the various paths, as well as the per-
`antenna components contributing to the signal on any path, a code for each path/antenna pair is
`applied to the pilot to create M*L unique pilots. The M*L pilots are generated by Walsh
`covering (or other encoding) the pilot with the M*L Walsh codes W1,1–WL,M in Walsh
`covers 510A,1–510L,M, respectively. Those of skill in the art will recognize that one of the
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 9 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`Walsh codes may be selected as the all ones pattern, in which case one of the Walsh cover
`blocks may be omitted. The Walsh codes are labeled to distinguish a path and an antenna.
`Thus, there are M codes, one for each antenna 110, for the first path, labeled W1,1–W 1,M. The M
`codes for the Lth path are then labeled WL,1–WL,M, respectively. In the general case, the M*L
`pilots may be gain adjusted individually by gain factors G1,1–GL,M in gain blocks 520A,1–
`520L,M, respectively. The gain blocks are optional. In an alternate embodiment, a single gain
`factor could be applied prior to Walsh covering in Walsh covers 510 to provide a relative
`weight to the pilot with respect to the data. Various means for generating M*L encoded, gain
`adjusted versions of a pilot are known in the art and fall within the scope of the present
`invention. This encoding allows a mobile station 106 to estimate the channel characteristics for
`the various paths as well as the contributions to each path by the various antennas 110.”
`Burke, 7:66-8:27.
`
`“The weights, f1,1–fL,M, and the delays, τ1–τL, are determined by pre-correction processor 310,
`the depiction of an embodiment of which is shown in FIG. 6. The embodiment shown in FIG.
`6 is useful for pre-RAKE (or independent space, independent time) pre-correction processing.
`The delays, τ1–τL, may be determined as signaled from a mobile station, where a searcher,
`finger, or other path-tracking device identifies the relative delay in the paths. The delays may
`be adjusted such that the signals traveling along the various multipaths in the channel arrive at
`the mobile station at essentially the same time. In some embodiments, the delays for (L−1)
`paths may be determined with respect to one other path. Those of skill in the art will recognize
`that in such situations one of the delay blocks may be eliminated for the normalizing path. The
`weights, which include a magnitude and phase adjustment for phase-aligned reception at the
`mobile station, are determined in accordance with an embodiment of a pre-RAKE pre-
`correction method, examples of which are detailed below.” Burke, 8:52-9:3.
`
`“As described in further detail below, for alternate pre-correction techniques, the parameters
`determined in pre-correction processor 310 may be different. For example, in space only pre-
`correction, delays are not used, and so only the weights are determined. For space-time pre-
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 10 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`1d
`
`Receive a first signal transmission
`from a remote station via the first
`antenna element and a second
`signal transmission from the remote
`station via the second antenna
`element simultaneously;
`
`U.S. Patent No. 7,155,231 (“Burke”)
`correction, the taps and weights of Finite Impulse Response (FIR) filters are determined, to
`perform simultaneous space and time pre-correction of the input signals in response to the
`channel estimate information.” Burke, 9:4-12.
`
`“The factors f and the delays τ are determined with a pre-correction processor 310, such as
`described above with respect to FIG. 6. The weighted values are then summed for each of the
`M antennas 110 in summers 570A–570M, respectively. The data signals are selected for
`delivery to transmitters 350A–350M though MUXes 770A–770M, respectively, for alternately
`transmitting the data signal (or data/pilot combination) or the pilots used for channel
`estimation.” Burke, 10:13-21.
`
`To the extent that this reference does not expressly disclose this claim limitation, in light of
`Plaintiff’s apparent claim construction and infringement positions with respect to the Accused
`Products, a POSITA would have understood it to implicitly disclose it or would have found the
`claim limitation obvious.
`
`Additionally, it would have been obvious to a person of ordinary skill in the art to modify this
`Reference with any one or more of the references disclosed in Defendants’ Invalidity
`Contentions based on knowledge of one of ordinary skill in the art and for the reasons
`articulated Defendants’ Invalidity Contentions Cover Pleading.
`Burke expressly or inherently discloses this claim element.
`
`See, e.g.,
`
`Burke’s mobile station 106 receives a first signal transmission through signal path 150 and a
`second signal transmission through signal path 160 from the base station 104. Burke, 4:6-18.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 11 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`
`Burke, Fig. 2.
`
`An array of antennas 110A-110M can “be used to transmit signals to one user …
`simultaneously” and that each antenna in the array can be used to transmit a signal over an
`individual path. Burke, 5:54-55, 8:42-51.
`
`Antenna 112 at the mobile station “may be a single antenna, or an array of diversity antennas.”
`Burke, 25:58-61.
`
`“As described above, during optimum performance, pre correction processor 310 produces
`weights and delays that cause the signals received along the various M multipaths to arrive
`simultaneously and in-phase.” Burke, 7:66-8:2.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 12 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`
`“[D]uring optimum performance, precorrection processor 310 produces weights and delays
`that cause the signals received along the various M multipaths to arrive simultaneously and in-
`phase.” Burke, 26:16-22; see also id. 5:54-55; see also 7:18-25.
`
`“Fig. 12 depicts a present embodiment of a mobile station 106, configurable for deployment
`with base station 104 and any of the signal conditioners 320, described above. Signals are
`received at antenna 112 (which may be a single antenna or an array of diversity antennas for
`deploying diversity techniques known in the art). The received signal is conditioned in
`receiver 1210, using techniques appropriate for one or more communication systems
`compatible with mobile station 106, such as those described above. Examples of conditioning
`include amplification, filtering, down conversion, and other techniques known in the art.”
`Burke, 25:56-27:22; see also id. 4:6-18.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 13 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`
`Burke, Fig. 12.
`
`“Between the lobes of an antenna beam pattern there exists a null, in which the signals
`transmitted through antennas 104 destructively interfere with each other. … [I]n the
`antenna pattern 130, nulls exist between lobes 130A and 130B, between lobes 130B and
`130C, and between 130C and 130A. In an embodiment, antenna beam pattern 130 is
`formed such that its primary lobe 130A is placed within or nearly within the null between
`lobes 132A and 132B of antenna beam pattern 132. Similarly, antenna beam pattern
`132 is formed such that its primary lobe 132A is placed within or nearly within the null
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 14 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`between lobes 130A and 130C of antenna beam pattern 130. Such careful arrangement
`of antenna beam patterns 130 and 132 reduces the degree to which the signals transmitted
`through each of the antenna beam patterns will interfere with each other when received
`at mobile station antenna 112.” Burke, 4:47-62.
`
`Burke, Fig. 2.
`
`To the extent that this reference does not expressly disclose this claim limitation, in light of
`Plaintiff’s apparent claim construction and infringement positions with respect to the Accused
`Products, a POSITA would have understood it to implicitly disclose it or would have found the
`claim limitation obvious.
`
`Additionally, it would have been obvious to a person of ordinary skill in the art to modify this
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 15 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`Reference with any one or more of the references disclosed in Defendants’ Invalidity
`Contentions based on knowledge of one of ordinary skill in the art and for the reasons
`articulated Defendants’ Invalidity Contentions Cover Pleading.
`
`1e
`
`Determine first signal information
`for the first signal transmission;
`
`Burke expressly or inherently discloses this claim element.
`
`See, e.g.,
`
`“Fig. 12 depicts a present embodiment of a mobile station 106, configurable for deployment
`with base station 104 and any of the signal conditioners 320, described above. Signals are
`received at antenna 112 (which may be a single antenna or an array of diversity antennas for
`deploying diversity techniques known in the art). The received signal is conditioned in
`receiver 1210, using techniques appropriate for one or more communication systems
`compatible with mobile station 106, such as those described above. Examples of conditioning
`include amplification, filtering, down conversion, and other techniques known in the art.”
`Burke, 25:56-27:22.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 16 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`
`Burke, Fig. 12.
`
`Searcher 1230 identifies received multipaths from the base stations 104 and can assign offsets
`to PN despreaders 1220A-L. Burke, 26:1-5.
`
`The PN despreaders 1220A-L subsequently despread the L transmitted multipaths when space
`time pre-correction is deployed. Burke, 26:6-9.
`
`“[O]ffsets in the transmitted PN sequence (including a component due to the multipath in the
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 17 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`channel, as well as any introduced pre-correction) may be accounted for in PN despreaders
`1220.” Burke, 26:12-15.
`
`The output of PN despreaders 1220 is delivered “to demodulator 1250 for demodulation using
`various techniques known in the art” and to channel estimators 1265. Burke, 26:22-27.
`
`“Demodulator 1250 receives the output from one or more PN despreaders 1220 and
`demodulates those signals to produce the desired data.” Burke, 27:36-39.
`
`In conditioning signals for transmission and to distinguish the various signal paths, “a code for
`each path/antenna pair is applied to the pilot to create ML unique pilots. The M*L pilots are
`generated by Walsh covering (or other encoding).” Burke, 8:1-10.
`
`The “[c]hannel estimators 1265 produce estimates of the phase and magnitude of the pilots
`corresponding to the component of each of the M antennas contributing to each of the L paths.
`The channel estimates are delivered to channel processor 1270.” Burke, 26:45-50.
`
`Separately, “[c]onditioned signals from receiver 1210 are also delivered to noise floor
`estimator 1240 for calculation of a noise floor estimate.” Burke, 26:65-67.
`
`“The channel estimates generated in channel estimate processor 1270 and the noise floor
`estimator 1240 are delivered to message generator 1285. Message generator 1285 generates
`signals or messages for relaying the channel and noise estimates to one or more base stations
`104 through transmitter 1290 and antenna 112.” Burke, 27:5-11; see also FIGS. 15-17,
`28:36-29:60.
`
`“The formation of transmit beams by adapting signals transmitted through multiple antennas,
`called beam forming, is well known in the art. Antenna beam patterns are typically shown
`radiating from a central point of transmission, with the distance of the curve from the central
`point indicating the relative strength of a signal transmitted through the antenna. For clarity,
`the base station 104 and associated antennas 110 are drawn to the left of the antenna beam
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 18 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`patterns 130 and 132. In actuality, the antennas 110 would be placed in the center 140 of the
`antenna beam patterns 130 and 132, rather than in their center 140. In the example shown,
`antenna beam pattern 130 is characterized by a primary lobe 130A and two side lobes 130B
`and 130C. Similarly, antenna beam pattern 132 is characterized by a primary lobe 132A and
`two side lobes 132B and 132C. Primary lobe 130A extends further from center 140 than either
`side lobe 130B or 130C, indicating that a signal transmitted through antenna beam pattern 130
`will be strongest in the direction of the primary lobe 130A. As shown, antenna beam pattern
`130 is formed such that primary lobe 130A points in the direction of signal path 150. Similarly,
`antenna beam pattern 132 is formed such that primary lobe 132A points in the direction of
`signal path 160. In one embodiment, delays are applied to the signals trans mitted along the
`different signal paths such that they arrive at the antenna 112 of the receiving mobile station
`106 at the same time.” Burke, 4:19-62.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 19 of 62
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`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`
`Burke, Fig. 2.
`
`“[T]o distinguish the various paths, as well as the per-antenna components contributing to the
`signal on any path, a code for each path/antenna pair is applied to the pilot to create M*L
`unique pilots. The M*L pilots are generated by Walsh covering (or other encoding) the pilot
`with the M*L Walsh codes W1,1-WL,M, in Walsh covers 510A,1-510L.M, respectively.”
`Burke, 8:1-10.
`
`“Conditioned signals from receiver 1210 are also delivered to noise floor estimator 1240 for
`calculation of a noise floor estimate, which is used in the pre-correction techniques described
`above.” Burke, 26:65-27:2.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 20 of 62
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`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`1f
`
`Determine second signal
`information for the second signal
`transmission, wherein the second
`signal information is different than
`the first signal information;
`
`U.S. Patent No. 7,155,231 (“Burke”)
`To the extent that this reference does not expressly disclose this claim limitation, in light of
`Plaintiff’s apparent claim construction and infringement positions with respect to the Accused
`Products, a POSITA would have understood it to implicitly disclose it or would have found the
`claim limitation obvious.
`
`Additionally, it would have been obvious to a person of ordinary skill in the art to modify this
`Reference with any one or more of the references disclosed in Defendants’ Invalidity
`Contentions based on knowledge of one of ordinary skill in the art and for the reasons
`articulated Defendants’ Invalidity Contentions Cover Pleading.
`
`Burke expressly or inherently discloses this claim element.
`
`See, e.g.,
`
`“FIG. 12 depicts a present embodiment of a mobile station 106, configurable for deployment
`with base station 104 and any of the signal conditioners 320, described above. Signals are
`received at antenna 112 (which may be a single antenna, or an array of diversity antennas for
`deploying diversity techniques known in the art). The received signal is conditioned in receiver
`1210, using techniques appropriate for one or more communication systems compatible with
`mobile station 106, such as those described above. Examples of conditioning include
`amplification, filtering, down conversion, analog to digital conversion, and other techniques
`known in the art.” Burke, 25:56-67.
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 21 of 62
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`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`
`Burke, Fig. 12.
`
`After conditioning, searcher 1230 identifies received multipaths from the base stations 104 and
`can assign offsets to PN despreaders 1220A-L. Burke, 26:1-5.
`
`The PN despreaders 1220A-L subsequently despread the L transmitted multipaths when space
`time pre-correction is deployed. Burke, 26:6-9.
`
`“[O]ffsets in the transmitted PN sequence (including a component due to the multipath in the
`
`Invalidity of U.S. Patent No. 10,715,235 in view of Burke
`
`Page 22 of 62
`
`

`

`No.
`
`U.S. Patent No. 10,715,235
`
`U.S. Patent No. 7,155,231 (“Burke”)
`channel, as well as any introduced pre-correction) may be accounted for in PN despreaders
`1220.” Burke, 26:12-15.
`
`The output of PN despreaders 1220 is delivered “to demodulator 1250 for demodulation using
`various techniques known in the art” and to channel estimators 1265. Burke, 26:22-27.
`
`“Demodulator 1250 receives the output from one or more PN despreaders 1