UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`APPLE INC.
`
`Petitioner
`
`v.
`
`TELEFONAKTIEBOLAGET LM ERICSSON
`
`Patent Owner
`
`_________________
`
`Inter Partes Review Case No. IPR2022-00457
`
`U.S. Patent No. 9,509,440
`
`DECLARATION OF FRIEDHELM RODERMUND IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 9,509,440
`
`IPR2022-00457
`Apple EX1016 Page 1
`
`
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`APPLE INC.
`
`Petitioner
`
`v.
`
`TELEFONAKTIEBOLAGET LM ERICSSON
`
`Patent Owner
`
`_________________
`
`Inter Partes Review Case No. IPR2022-00457
`
`U.S. Patent No. 9,509,440
`
`DECLARATION OF FRIEDHELM RODERMUND IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 9,509,440
`
`IPR2022-00457
`Apple EX1016 Page 1
`
`
`
`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`
`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION AND ENGAGEMENT ..................................................... 2
`
`II. BACKGROUND AND QUALIFICATIONS .................................................. 3
`
`III. SUMMARY OF MY OPINIONS .................................................................... 8
`
`IV. PUBLICATION OF 3GPP SPECIFICATIONS AND RELATED
`
`DOCUMENTS ......................................................................................................... 8
`
`A. General Practices ........................................................................................ 8
`
`B. Specific Documents ................................................................................... 19
`
`1. TS 36.213 v10.3.0 ...................................................................................... 19
`
`V. AVAILABILITY FOR CROSS-EXAMINATION ........................................ 28
`
`A. Right to Supplement ................................................................................. 28
`
`B. Signature .................................................................................................... 28
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`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
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`I, Friedhelm Rodermund, declare as follows:
`
`I.
`
`INTRODUCTION AND ENGAGEMENT
`
`1.
`
`I have been retained in this matter by Apple (“Petitioner” or “Apple”)
`
`to provide testimony regarding 3GPP’s standard business practices for record
`
`keeping and publishing technical specifications, change request proposals, 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 document:
`
`• Version 10.3.0 of technical specification 3GPP TS 36.213
`
`(“Technical Specification Group Radio Access Network; Evolved
`
`Universal Terrestrial Radio Access (E-UTRA); Physical layer
`
`procedures (Release 10)”) (hereinafter “TS 36.213 v10.3.0”, Ex.
`
`1009)
`
`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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`records, I am able to testify regarding the authenticity of certain documents
`
`published by 3GPP and the timing of their publication.
`
`4.
`
`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.
`
`5.
`
`I am also knowledgeable about document management practices and
`
`the usage of email reflectors in TSG RAN WG1. This is due to the fact that all 3GPP
`
`working groups used the same document repository on http://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 and any 3GPP exploder
`
`emails.
`
`6.
`
`I have been informed that Ericsson (hereinafter referred to as “Patent
`
`Owner”) alleges ownership and is the current assignee of U.S. Patent No. 9,509,440
`
`(“the ’440 Patent”) (Ex. 1001). I have no financial interest in the Patent Owner or
`
`the ’440 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
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`Open Mobile Alliance (“OMA”). I have particular experience with the development
`
`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
`
`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
`
`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.
`
`12.
`
`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
`
`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
`
`Right 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
`
`versions of 3GPP specifications, technical reports, liaison statements, change
`
`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
`
`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
`
`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
`
`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
`
`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’m 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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`Patent No. 9,509,440
`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 TS 36.213 v10.3.0 (Ex. 1009) is a technical
`
`specification published by 3GPP and would have been publicly accessible through
`
`http://ftp.3gpp.org as of September 25, 2011.
`
`IV. PUBLICATION OF 3GPP
`SPECIFICATIONS AND RELATED DOCUMENTS
`A. General Practices
`
`21. 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.
`
`22.
`
`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
`
`Industry Solutions, USA (“ATIS”), China Communications Standards Association
`
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`(“CCSA”), European Telecommunications Standards
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`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`Institute
`(“ETSI”),
`
`Telecommunications Technology Association, Korea (“TTA”), 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 to the day-to-day work of 3GPP. Furthermore,
`
`ETSI manages 3GPP’s IT services such as the 3GPP website, ftp server, and email
`
`exploders.
`
`23.
`
`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.
`
`24.
`
`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.
`
`25.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, all draft technical
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`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.
`
`26.
`
`The names and the structure of 3GPP working groups can be found
`
`below1:
`
`1 See https://www.3gpp.org/specifications-groups
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`27. Each Technical Specification Group (TSG) or Working Group adopts
`
`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; where 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
`
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`the case of the TSG itself, the letter “P”; (3) i: Normally the hyphen character “-”;
`
`(4) nn: the calendar year of the meeting to which the document was submitted; (5)
`
`zzzz: a running number (some Working Groups use 5 digits).
`
`28.
`
`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.
`
`29. As early as December 1998, 3GPP’s ftp server was freely accessible to
`
`the general public with no login, password, or membership requirement.
`
`30. By 1999, at least 100 companies were members of 3GPP (by December
`
`2020: 719 companies), 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
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`working to implement the standards—were personally 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,
`
`UMTS, or 5G 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.
`
`31.
`
`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
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`32. 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
`
`
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`LTE standard consists of more than 250 specifications. Each 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.
`
`33.
`
`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).
`
`34.
`
`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.
`
`35. At least as early as July 1999, all of 3GPP’s email archives, including
`
`the dedicated email list for TSG RAN WG1 were freely accessible to the general
`
`public at https://list.etsi.org/ with no login, password, or membership requirement.
`
`The screenshot below represents the subscription page of the 3GPP RAN WG1 email
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`list demonstrating that this webpage is publicly available and that only email address
`
`and name have to be entered to join the email list. Alternatively, everyone interested
`
`can obtain a LISTSERV password for managing subscriptions interactively without
`
`email confirmations. I can confirm that this webpage looked similar in 2011 and that
`
`subscription was already possible for every interested individual since the early days
`
`of 3GPP in 1999.
`
`
`
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`36. 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.
`
`37. 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
`
`technical specifications, proposals, meeting announcements, technical discussions
`
`and reports regarding industry standards and technological advances.
`
`38. Based on my experience with 3GPP and the telecommunications
`
`industry, I would expect a person interested in the development of cellular standards,
`
`e.g., LTE, 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.
`
`39.
`
`3GPP specifications almost always are duplicated in at least two and
`
`sometime more locations on the ftp server. One location corresponds to a “snapshot”
`
`of the specifications corresponding to a particular plenary meeting cycle, e.g., 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
`
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`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 call “draft” specifications) are available as T-docs at working group
`
`and at plenary meetings (as soon the working group decides to submit the
`
`specification to the plenary meeting for information or approval).
`
`40. 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
`
`document became publicly available and accessible on 3GPP’s ftp server. The given
`
`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
`
`timestamp is reliable as the latest possible upload date but one cannot determine
`
`whether it represents the first upload of a document to the ftp server.
`
`41.
`
`3GPP’s working practice to store their documents on their ftp server, as
`
`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
`
`discussed at the meetings. Both the folders and the documents are accessible to the
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`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
`
`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.
`
`TS 36.213 v10.3.0
`
`42. Based on my personal knowledge and my review of 3GPP’s business
`
`records, I recognize Ex. 1009 as a true and correct copy of version 10.3.0 of technical
`
`specification 3GPP TS 36.213 (“Technical Specification Group Radio Access
`
`Network; Evolved Universal Terrestrial Radio Access (E-UTRA); Physical layer
`
`procedures (Release 10)”), which shows on its cover page “2011-09” as the year
`
`(2011) and month (September) during which this document was approved by 3GPP.
`
`The document was published and freely available on 3GPP’s ftp server by
`
`September 25, 2011. The availability of the document is confirmed by the date stamp
`
`shown for the corresponding downloadable file (“36.213-a30.zip””)
`
` on the 3GPP ftp server at
`
`19
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`Apple EX1016 Page 20
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`
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`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`https://www.3gpp.org/ftp/Specs/archive/36_series/36.213, as can be seen by
`
`the screen shot below:
`
`43.
`
`In addition, the information for the downloaded specification file states
`
`a last Modified date of “25. Sep 2011.” Here is a screen shot showing those file
`
`details:
`
`20
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`Apple EX1016 Page 21
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`
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`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`
`
`
`44. Furthermore, the availability of the document was announced by the
`
`RAN WG1 secretary via the public 3GPP_TSG_RAN_WG1 email exploder on
`
`September 27, 2011, as shown in Appendix B. By March 2012, this email exploder
`
`had more than 1,200 subscribers as can be seen by the Internet Archive at
`
`https://web.archive.org/web/20120309181952/http://list.etsi.org/. Based on my
`
`21
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`Apple EX1016 Page 22
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`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`personal knowledge and experience I would expect a similar number of subscribers
`
`by September 2011.
`
`45.
`
`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 3GPP members and the general public by September 25, 2011,
`
`at the latest.
`
`46.
`
`I believe that a person without prior knowledge of 3GPP and/or the technical
`
`specifications (TS) number would have been able to easily find the TS for
`
`download via internet search. For instance, a Google search for “e-utra physical
`
`layer procedures” provides the TS number “36.213” as the top result as can be seen
`
`in the screenshot below:
`
`22
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`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`
` 47. Following the provided search result link “Specification # 36.213 –
`
`3GPP” leads to a 3GPP web page offering under the tab “Versions” download
`
`links to all versions of TS 36.213 including version 10.3.0, as shown by the
`
`
`
`23
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`IPR2022-00457
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`
`
`
`screenshot below:
`
`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`
`24
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`IPR2022-00457
`Apple EX1016 Page 25
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`
`
`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`3GPP is a very well-known SDO as of today and certainly was
`
`48.
`
`already very well-known in 2011. A person aware of 3GPP could have found TS
`
`36.213 v.10.3.0 also via a different route. Searching for “3GPP” leads to the 3GPP
`
`website http://www.3gpp.org, as can be seen by the screenshot below:
`
`
`
`49. Entering “e-utra physical layer procedures” into the search box of the
`
`3GPP website provides “Specification # 36.213” as the top result, as can be seen
`
`by the screen shot below:
`
`
`
`25
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`Apple EX1016 Page 26
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`
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`
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`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`
`50.
`
` Following the provided search result link on “Specification # 36.213”
`
`leads to the same 3GPP web page as mentioned in paragraph 47 offering under the
`
`tab “Versions” download links to all versions of TS 36.213 including version
`
`10.3.0, as shown by the screenshot below:
`
`
`
`26
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`
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`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`
`51. The above example searches illustrate that it is very easy for an
`
`interested member of the public without prior knowledge of the TS number and
`
`
`
`27
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`
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`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`even without prior knowledge of 3GPP to locate any version of TS 36.213,
`
`including version 10.3.0, for download.
`
`52.
`
`The above searches were performed at the time of writing this report.
`
`According to my personal experience, similar searches done in September 2011 or
`
`around that timeframe would have similarly provided the path to download version
`
`10.3.0 of TS 36.213.
`
`V.
`
`AVAILABILITY FOR CROSS-EXAMINATION
`
`46.
`
`In signing this declaration, I recognize that the declaration may be filed
`
`as evidence in a contested case before the Patent Trial and Appeal Board of the
`
`United States Patent and Trademark Office. I also recognize that I may be subject
`
`to cross examination in the case and that cross examination will take place within
`
`the United States. If cross examination is required of me, I will cooperate to the best
`
`of my ability to appear for cross examination within the United States during the
`
`time allotted for cross examination.
`
`A. Right to Supplement
`
`47.
`
`I reserve the right to supplement my opinions in the future to respond
`
`to any arguments that the Patent Owner raises and to take into account new
`
`information as it becomes available to me.
`
`B.
`
`Signature
`
`48.
`
`I declare that all statements made herein of my own knowledge are true
`
`28
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`
`
`Declaration of Freidhelm Rodermund
`Patent No. 9,509,440
`and that all statements made on information and belief are believed to be true; and
`
`further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`49.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Dated: December 9, 2021
`
`________________________
`
`Friedhelm Rodermund
`
`29
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`
`
`Appendix A
`
`Appendix A
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`IPR2022-00457
`Apple EX1016 Page 31
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`IPR2022-00457
`Apple EX1016 Page 31
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`
`
`CURRICULUM VITAE
`
`
`
`I. PERSONAL DATA
`
`Name:
`
`
`Mailing address:
`
`Friedhelm RODERMUND
`
`Phone:
`
`
`Am Steiner Graben 18
`56077 Koblenz, Germany
`
` +49 172 2606489
`
`fred@iotecc.com
`
`Email:
`
`
`
`II. PROFESSIONAL EXPERIENCE
`
`Summary
`
`Senior expert in telecommunications and Internet of Things (IoT) technology. 25 years of experience within the
`mobile communications industry, and several years in the IoT domain in various roles such as project
`management, technology innovation and evolution, standards development, technology strategy, patent
`creation and patent litigations, and development/introduction of new services.
`
`Recognized standards expert who was actively involved in leading roles in the development of key standards
`for mobile telephony/data and service anablers across standards development organizations such as 3GPP,
`ETSI, GSMA, IETF, OMA, and oneM2M. Currently focussing on standards for the Internet of Things.
`
`Founder and director of IOTECC GmbH which provides consulting services around technologies and
`standards enabling the Internet of Things, and consulting and expert services related to patents for mobile
`telcommunications and IoT.
`
`
`01/2015 – present
`
` Koblenz, Germany
`
`IOTECC GmbH
`
`Founder and CEO
`Ø Mobile telecommunications, Internet of Things (IoT) technology and standards
`consulting
`Ø Telecommunications and IoT patent consulting
`o Consulting services around telecommunications and IoT patents in particular
`related to 3GPP, ETSI
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