`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Ericsson Inc.
`
`Petitioner
`
`v.
`
`Godo Kaisha IP Bridge 1
`
`Patent Owner
`
`Patent No. 8,077,594
`Filing Date: August 10, 2010
`Issue Date: December 13, 2011
`
`Title: Radio Communication Base Station Device
`and Correlation Setting Method
`
`Inter Partes Review No. IPR2021-_____
`
`DECLARATION OF CRAIG BISHOP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 1029
`IPR2022-00726
`U.S. Patent 8,077,594
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`I.
`
`INTRODUCTION
`
`I, Craig Bishop, declare the following:
`
`1.
`
`I have been retained as an independent expert witness on behalf of Ericsson
`
`Inc. (“Petitioner”), related to the Inter Partes Review (“IPR”) of U.S. Patent No.
`
`8,077,594 (“the ’594 Patent”).
`
`2.
`
`I am being compensated for my work in this matter at my normal consulting
`
`hourly rate. I am also being reimbursed for reasonable and customary expenses
`
`associated with my work and testimony in this investigation. My compensation is
`
`not contingent on the results of my study, the substance of my opinions, or the
`
`outcome of this matter.
`
`3.
`
`I have no financial interest in the ’594 Patent and have had no contact with
`
`the named inventor of said patent. Neither have I reviewed the ’594 Patent in detail,
`
`nor do I have any personal interest in the outcome of this IPR.
`
`4.
`
`In the preparation of this declaration, I have reviewed the referenced materials
`
`below, each of which is the sort of material that experts in my field would reasonably
`
`rely upon when forming their opinions:
`
`I.
`
`3GPP TR 25.814 V7.1.0 (2006-09) Technical Report, 3rd
`
`Generation Partnership Project; Technical Specification Group
`
`1
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`Radio Access Network; Physical Layer Aspects for Evolved
`
`Universal Terrestrial Radio Access (UTRA) (Release 7), (Ex-1003)
`
`II.
`
`3GPP TS 36.213 V1.2.0 (2007-05) Technical Specification, 3rd
`
`Generation Partnership Project; Technical Specification Group
`
`Radio Access Network; Physical Layer Procedures (Release 8), (Ex-
`
`1013)
`
`III.
`
`3GPP TS 36.300 V8.0.0 (2007-03) Technical Specification, 3rd
`
`Generation Partnership Project; Technical Specification Group
`
`Radio Access Network; Evolved Universal Terrestrial Radio Access
`
`(E-UTRA) and Evolved Universal Terrestrial Radio Access
`
`Network (E-UTRAN); Overall Description; Stage 2 (Release 8),
`
`(Ex-1005)
`
`IV. R1-072296, TSG-RAN Working Group 1 Meeting #49; Agenda
`
`Item 7.11.2: UL Sounding, (Ex-1004)
`
`V.
`
`3GPP TS 36.211 V1.2.0 (2007-06) Technical Specification, 3rd
`
`Generation Partnership Project; Technical Specification Group
`
`Radio Access Network; Physical Channels and Modulation (Release
`
`8), (Ex-1016)
`
`2
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`VI. R1-073172, 3GPP TS 36.211 V1.2.0 (2007-06) Technical
`
`Specification, 3rd Generation Partnership Project; Technical
`
`Specification Group Radio Access Network; Physical Channels and
`
`Modulation (Release 8), (Ex-1012)
`
`VII. About 3GPP available at: https://www.3gpp.org/about-3gpp/about-
`
`3gpp, (Appendix B)
`
`VIII.
`
`3GPP PCG19_12, MCC activity
`
`report, December 2007
`
`downloadable
`
`at
`
`https://www.3gpp.org/ftp/PCG/PCG_19/,
`
`(Appendix C)
`
`IX.
`
`3GPP draft
`
`report RAN WG1 #46bis,
`
`available
`
`at:
`
`https://www.3gpp.org/ftp/tsg_ran/WG1_RL1/TSGR1_46b/Report
`
`(Appendix D)
`
`X. Archive of 3GPP membership application form from April 21, 2007,
`
`available
`
`at:
`
`https://web.archive.org/web/20070421020947/http://www.3gpp.or
`
`g:80/membership/application.htm (Appendix E).
`
`XI. Excerpt from "GSM and UMTS The Creation of Global Mobile
`
`Communications", Hillebrand (Editor), (c) 2002 John Wiley & Sons
`
`3
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`Ltd. (Appendix F)
`
`XII. BT Technology Journal, vol 19 No 1 January 2001, pp 32-37.
`
`(Appendix G)
`
`XIII.
`
`3GPP
`
`Frequently
`
`Asked
`
`Questions,
`
`available
`
`at:
`
`https://www.3gpp.org/about-3gpp/3gpp-faqs, (Appendix H)
`
`XIV. Archive of 3GPP TSG RAN WG1 Homepage, July 2007, available
`
`at:
`
`https://web.archive.org/web/20070710032340/http://www.3gpp.or
`
`g/tb/RAN/RAN1/RAN1.htm (Appendix I)
`
`XV. Third Generation Partnership Project 3GPP Working Procedures 7
`
`July 1999 (Appendix J)
`
`XVI. Excerpt from "WCDMA for UMTS Radio Access For Third
`
`Generation Mobile Communications", Holma and Toskala (c) 2001
`
`John Wiley & Sons Ltd. (Appendix K)
`
`XVII. Archive of 3GPP Home Page, July 2007, available at:
`
`https://web.archive.org/web/20070707102325/http://www.3gpp.or
`
`g/ (Appendix L)
`
`4
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`XVIII. Archive of 3GPP Specifications Home Page, July 2007, available
`
`at:
`
`https://web.archive.org/web/20070707102958/http://www.3gpp.or
`
`g/specs/specs.htm (Appendix M)
`
`XIX. Archive of 3GPP Specifications Numbering Scheme Page, July
`
`2007,
`
`available
`
`at:
`
`https://web.archive.org/web/20070707103111/http://www.3gpp.or
`
`g/specs/numbering.htm (Appendix N)
`
`XX. Archive of 3GPP Structure figures, June 2007, available at:
`
`https://web.archive.org/web/20070611122935/http://www.3gpp.or
`
`g/tb/home.htm (Appendix O)
`
`XXI. Archive of 3GPP TSG RAN WG1 listserv, October 3-4, 2006,
`
`available
`
`at:
`
`https://list.etsi.org/scripts/wa.exe?REPORT=&u=17968&1=3GPP
`
`_TSG_RAN_WG1&a=060915&I=-3&I=-3&z=4 (Appendix P)
`
`XXII. Archive of 3GPP E-Mail Exploder Lists Page, October 2006,
`
`available
`
`at:
`
`https://web.archive.org/web/20061026231754/http://list.3gpp.org:8
`
`5
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`0/ (Appendix Q)
`
`XXIII. Archive of RAN WG1 join / leave list page, November 2005,
`
`available
`
`at:
`
`https://web.archive.org/web/20051103081215/http://list.3gpp.org/s
`
`cripts/wa.exe?SUBED1=3gpp_tsg_ran_wg1&A=1 (Appendix R)
`
`XXIV. Draft Agenda for TSG RAN WG1 #46bis, available to download at:
`
`https://list.etsi.org/scripts/wa.exe?A2=ind0609&L=3GPP_TSG_R
`
`AN_WG1&P=R112052&u=17768 (Appendix S)
`
`XXV. Archive of email attaching RAN WG1 #46bis Agenda, available at:
`
`https://list.etsi.org/scripts/wa.exe?A2=ind0609&L=3GPP_TSG_R
`
`AN_WG1&P=R112052&u=17768 (Appendix T)
`
`XXVI. Draft report from TSG RAN WG1 #32, available to download at:
`
`https://list.etsi.org/scripts/wa.exe?A2=3GPP_TSG_RAN;d51f031a
`
`.0609&S= (Appendix U)
`
`XXVII. Archive of email attaching draft report from TSG RAN WG1 #32,
`
`available
`
`at:
`
`https://list.etsi.org/scripts/wa.exe?A2=3GPP_TSG_RAN;d51f031a
`
`.0609&S= (Appendix V)
`
`6
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`XXVIII. Draft report from TSG RAN1 #49, available to download at:
`
`https://list.etsi.org/scripts/wa.exe?A2=ind0705C&L=3GPP_TSG_
`
`RAN_WG1&P=R49188 (Appendix W)
`
`XXIX. Archive of email attaching draft report from TSG RAN #49,
`
`available
`
`at:
`
`https://list.etsi.org/scripts/wa.exe?A2=ind0705C&L=3GPP_TSG_
`
`RAN_WG1&P=R49188 (Appendix X)
`
`XXX. Draft report from TSG RAN #35, available to download at:
`
`https://list.etsi.org/scripts/wa.exe?A2=3GPP_TSG_RAN;4ec5b51c
`
`.0703&S= (Appendix Y)
`
`XXXI. Archive of email attaching draft report from TSG RAN #35,
`
`available
`
`to
`
`download
`
`at:
`
`https://list.etsi.org/scripts/wa.exe?A2=3GPP_TSG_RAN;4ec5b51c
`
`.0703&S= (Appendix Z)
`
`XXXII. Archive
`
`of
`
`
`attaching R1-072296,
`
`available
`
`at:
`
`https://list.etsi.org/scripts/wa.exe?A2=ind0705A&L=3GPP_TSG_
`
`RAN_WG1&P=R257623&u=21488 (Appendix AA)
`
`XXXIII. Draft report from TSG RAN WG1 #49b available to download at:
`
`7
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`https://list.etsi.org/scripts/wa.exe?A2=ind0707&L=3GPP_TSG_R
`
`AN_WG1&P=R5808 (Appendix AB)
`
`XXXIV. Archive of email attaching draft report from TSG RAN WG1 #49b
`
`available
`
`at:
`
`https://list.etsi.org/scripts/wa.exe?A2=ind0707&L=3GPP_TSG_R
`
`AN_WG1&P=R5808 (Appendix AB)
`
`5.
`
`In forming the opinions expressed in this declaration, I have considered: the
`
`documents listed above; the reference materials cited herein; and my own academic
`
`background and professional experiences as outlined below.
`
`II. QUALIFICATIONS
`
`6. My complete qualifications and professional experience are described in my
`
`curriculum vitae, a copy of which is attached as Appendix A. The following is a
`
`summary of my relevant qualifications and professional experience.
`
`7.
`
`I earned my Bachelor of Electronic Engineering degree with Honours from
`
`Polytechnic of Central London in 1989. In 2005, I earned my MSC in Computer
`
`Science with Distinction from the University of Kent.
`
`8.
`
`After graduating with my first degree, I worked as an operations engineer at
`
`the British Broadcasting Corporation (BBC) for 4 years, then as a civil servant at the
`8
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`UK Radiocommunications Agency until 1996, during which time I became involved
`
`in telecommunications standardization in the European Telecommunication
`
`Standards Institute (“ETSI”), working in Technical Committee Radio Equipment
`
`and Systems group 2 (TC RES 2) concerned with the standardization of Private
`
`Mobile Radio (PMR). From 1994 through 1996, I acted as Rapporteur for voice and
`
`data related PMR standards, including ETS 300 113, ETS 300 219 and ETS 300 341.
`
`During this time I participated as the only TC RES 2 delegate on behalf of the UK
`
`Radiocommunications Agency, generating proposals
`
`in support of UK
`
`administration and business requirements, downloading and reviewing other
`
`meeting input documents, and proposing changes as necessary to ensure input
`
`documents and the resulting specifications were in line with said requirements.
`
`9.
`
`In 1996, I joined Samsung Electronic Research Institute as a Senior Standards
`
`Engineer where I worked for 16 years, eventually becoming Director of Standards
`
`and Industry Affairs in 2011. My work at Samsung mainly focused on the
`
`standardization of the service requirements, architectures, protocols, and radio
`
`transmission technologies for the GSM/GPRS, UMTS, and LTE/EPS mobile
`
`telecommunications systems. Initially, I participated in ETSI Special Mobile Group
`
`(SMG) committees SMG1, SMG2, SMG4, SMG5, SMG9 and relevant UMTS
`
`related sub-committees until 1999, working on the air interface radio access network
`
`9
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`protocols, services, and terminal aspects of UMTS and GSM/GPRS. In particular, I
`
`was involved in the ETSI SMG2 meetings leading up to selection of WCDMA as
`
`the radio access technology for the Frequency Division Duplex mode of UMTS.
`
`10. From 1998, I worked as a Principal Standards Engineer on the 3rd Generation
`
`Partnership Project (3GPP) on UMTS, attending Radio Access Network committees
`
`RAN1 and RAN2, SA1 (Services Aspects), T2 (Terminals), and other working
`
`groups and Technical Specification Group (TSG) plenary meetings covering the
`
`same technical aspects as in my previous work in ETSI. As part of my work in 3GPP
`
`committees, I would prepare meeting contributions in support of Samsung’s research
`
`and development activities. Also, by way of preparation for each meeting, I would
`
`download all contributions and review those of interest to Samsung, and where
`
`necessary, prepare additional input to the meeting based on said review. As an
`
`example, RAN1 was in 1999 the working group responsible for the physical layer
`
`of the radio Interface between the User Equipment (UE) and UMTS Terrestrial
`
`Access Network (UTRAN) of the 3GPP UMTS mobile telecommunication network.
`
`It remains today the working group responsible for the physical layer of the radio
`
`Interface for UE, and for the Evolved UTRANs of the LTE, LTE-Adv, and 5G
`
`mobile communications access network.
`
`11. From 2000, I acted as project manager and then as manager of the Systems
`
`10
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`Engineering group providing technical requirements for the team working on
`
`Samsung’s UMTS modem development. This involved scrutiny of ongoing
`
`standardization work, particularly that of 3GPP RAN2 and 3GPP Core Networks
`
`Working Group 1 (CN1 – responsible for layer 3 Non-Access Stratum signalling
`
`between the terminal and the core network of the mobile communications system)
`
`from which I would download and assess the impact of meeting contributions on the
`
`protocol stack of the development project, ensuring that the development team was
`
`kept informed about the latest developments as layers 2 and 3 of the UMTS standard
`
`were stabilized.
`
`12. During the period 1998 through 2004, in addition to authoring and presenting
`
`technical contributions for the 3GPP standard, and producing technical requirements
`
`for the radio modem, I acted as rapporteur for 3GPP Technical Reports covering
`
`User Equipment (“UE”) capability requirements (3GPP TR 21.904) from 1999-
`
`2000, and the Evolution of the 3GPP System (3GPP TR 21.902) in 2003 (the first
`
`Study Item to consider the 3GPP system beyond UMTS towards LTE/EPS).
`
`13.
`
`In 2005, I became Head of Advanced Technologies, Standards and Regulation
`
`(ATSR) at Samsung. In addition to my managerial duties which included, but were
`
`not limited to, responsibility for three standards engineers attending RAN2, and CT1
`
`working groups, I continued to work on directly 3GPP technical standardization and
`
`11
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`to cooperate / coordinate with members of other Samsung standards teams working
`
`in 3GPP Working Groups.
`
`14. From 2005 until 2008 I worked in SA2, and from 2008 until 2011 in SA1. I
`
`also attended SA plenary meetings from 2008 until I left Samsung in 2013. As well
`
`as generating contributions in support of Samsung's research and development in
`
`preparation for each meeting, I would download and review documents from other
`
`3GPP members,
`
`identifying, and where necessary preparing, additional
`
`contributions on those of interest to Samsung. The work required a sound working
`
`knowledge of the broader 3GPP system to ensure effective management of the
`
`ATSR 3GPP standards team, effective participation in meeting discussions,
`
`assessment of third-party contributions, and provision of implementation guidance
`
`to Samsung developers.
`
`15. From 2006 until the time I stopped attending SA1 meetings in 2011, I authored
`
`and presented over 100 contributions to SA2 and SA1 meetings at 3GPP and
`
`appeared as an author/co-author on 18 patent applications related to User Equipment
`
`operation in the IMS and the 3GPP Core Network.
`
`16.
`
`In 2011, I became Director of Standards and Industry Affairs at Samsung, and
`
`in November of that year I was elected to the Board of the ETSI on which I served
`
`12
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`for a term of 3 years until November 2014.
`
`17. After leaving Samsung, I formed my own consulting company, which is a full
`
`ETSI member, and as part of various projects undertaken, I have continued to
`
`regularly access the 3GPP and ETSI document servers, and to keep abreast of 3GPP
`
`and ETSI document handling practices.
`
`18. Through my extensive work on 3GPP standardization issues, I have become
`
`very familiar with 3GPP’s practices relating to making draft standards and standards
`
`contributions publicly available, including in the 2001-2003 timeframe.
`
`III. PUBLIC AVAILABILITY OF 3GPP STANDARDS PROPOSALS
`
`AND OTHER DOCUMENTS
`
`a) Prominence and Purpose of 3GPP
`
`19.
`
`3GPP is a global initiative partnership that unites seven 3GPP Organizational
`
`Partners from Asia, Europe and North America, the Association of Radio Industries
`
`and Businesses (ARIB) and Telecommunication Technology Committee (TTC)
`
`from Japan, the China Communications Standards Association (CCSA) from China,
`
`the Telecommunications Standards Development Society (TSDSI) from India, the
`
`Telecommunications Technology Association (TTA) from Korea, the European
`
`Telecommunications Standards
`
`Institute
`
`(ETSI), and
`
`the Alliance
`
`for
`
`Telecommunications Industry Solutions (ATIS) from the United States. The
`
`13
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`remainder of my declaration focuses on activities in the 2006-2007 timeframe unless
`
`stated otherwise.
`
`20. The main goal of 3GPP is to provide its members with an environment to
`
`produce specifications and reports that define technologies covering cellular
`
`telecommunications networks, including the User Equipment (UE), Radio Access
`
`Network (RAN) technologies, Core Network (CN) technologies, service and system
`
`aspects which themselves include work on codecs, security, and quality of service.
`
`The specifications/reports also provide hooks for interworking with non-3GPP
`
`networks. Appendix B.
`
`21. The technical specifications developed by 3GPP were, and remain,
`
`contribution-driven by the 3GPP member companies and the many individual
`
`participants from these companies. In the 2007 timeframe, there were around 284
`
`(two hundred and eighty-four) individual members of 3GPP and the number of
`
`members was increasing. This is supported by the report in document PCG19_12
`
`from the ETSI Mobile Competence Centre (MCC) responsible of the administration
`
`of the 3GPP work programme, to the Partnership Coordination Group (PCG) in
`
`December 2007 (Appendix C, p. 9). The participant list from the RAN WG1 #46bis
`
`meeting held October 9-13, 2006, (see Appendix D, Annex A ) shows 166 meeting
`
`participants representing around 77 individual 3GPP members. Any company that
`
`is a member of one of the regional standards organisations that comprise the 3GPP
`14
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`Organizational Partners can become a member of 3GPP. In the 2007 timeframe,
`
`those Organizational Partners included: ARIB, ATIS, CCSA, ETSI, TTA, and TTC.
`
`An archived 3GPP membership application form dated April 21, 2007 and attached
`
`as Appendix E shows the online membership application process at that time.
`
`22.
`
`I believe that a member of the public who was interested in mobile
`
`telecommunications technology, such as the Universal Mobile Telecommunications
`
`System (UMTS), would have been aware of 3GPP as the leading global initiative
`
`for developing cellular technical specifications. Indeed, textbooks and articles about
`
`cellular communications commonly directed readers to the 3GPP website for
`
`information regarding standards development. Appendix F, p.23, Appendix G, p.
`
`6. As someone working in cellular communications myself, I would regularly visit
`
`and refer others to the 3GPP website for the latest developments in 3G.
`
`23. My personal experience at Samsung confirms 3GPP’s prominence as early as
`
`2000. Engineers and managers at Samsung responsible for developing 3G modem
`
`software (but not attending 3GPP meetings) would often ask me to which release or
`
`version of a given 3GPP specification they should be developing, and I would direct
`
`them to the 3GPP website to access said versions and for further information.
`
`b) 3GPP’s Policy of Making Documents Public
`
`24.
`
`3GPP’s policy was to make 3GPP documents available to the public. Because
`
`15
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`the purpose of 3GPP was worldwide adoption of a common standard (Appendix G,
`
`p.2), no restrictions on distribution or discussion were placed on 3GPP documents,
`
`but rather the dissemination and sharing of 3GPP documents was specifically
`
`encouraged and necessary for creating an industry-wide standard. Appendix H, p. 8
`
`(“No password is needed to access any information on the 3GPP Web site, all
`
`information is openly published.”).
`
`c) 3GPP Structure and Standards Development Process
`
`25.
`
`In 3GPP, responsibility for producing specifications was delegated to
`
`Technical Specification Groups (TSGs). In the 2007 timeframe, 3GPP comprised
`
`four Technical Specification Groups (TSGs). The Working Groups (WGs) within
`
`the TSGs met regularly and had quarterly plenary meetings where member
`
`companies’ Change Requests (CRs), draft specifications or reports, work items, and
`
`other documents that had been agreed by the working groups, were presented for
`
`formal approval. A brief description of each Working Group’s technology area could
`
`be found on the TSG home page on the 3GPP website. See, e.g., Appendix I
`
`(Archive of TSG RAN1 Homepage in 2007). Appendix O shows the structure of
`
`3GPP in 2007.
`
`26. The Working Groups meeting attendees (also called “delegates”) were
`
`engineers representing telecommunications companies from around the world,
`
`16
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`including NOKIA, Samsung, AT&T, Ericsson, Panasonic, and Motorola, among
`
`others. E.g., Appendix D, Annex A (listing delegates from 3GPP members that
`
`attended RAN WG1 meeting #46b). Working Group meetings often had nearly or
`
`over a hundred delegates in attendance. Appendix D, Annex A (listing 166 delegate
`
`participants at RAN WG1 Meeting #46b).
`
`27. Although attendance at 3GPP meetings was generally limited to 3GPP
`
`members, interested members of the public would have been made aware of
`
`Working Group meeting dates and times as well as the technical documents it
`
`produced via 3GPP’s website, and Working Groups email lists. Appendix I
`
`(showing links to meeting information, email exploder lists, and technical
`
`documents). Interested members of the public would also have been aware of the
`
`meeting information pages for each TSG Working Group.
`
`d) 3GPP Documents
`
`i) Technical Specifications and Reports
`
`28. As I noted above, a main goal of 3GPP is to prepare, approve, and maintain
`
`globally applicable Technical Specifications and Technical Reports. Appendix J, p.
`
`6 (3GPP Working Procedures, “Purpose”). A “Technical Specification,” as defined
`
`by 3GPP, is “[a] 3GPP output document containing normative provisions approved
`
`by a Technical Specification Group.” Appendix J, p. 21. 3GPP would (and still
`
`17
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`does) periodically freeze a complete set of standards (referred to as a “Release”),
`
`and each set would include many new specifications. 3GPP would also publish draft
`
`specifications, which would usually be included as part of the next Release.
`
`Appendix F, pp. 27-34.
`
`29.
`
`It was widely known that Technical Specifications (and Technical Reports)
`
`were publicly available on 3GPP’s website. Textbooks made clear that “[t]he latest
`
`specifications can be obtained from 3GPP.” Appendix K, pp. 6, 9; Appendix I
`
`(RAN1 Homepage with link to specifications). It was also well known that the latest
`
`version of a given specification that was under change control would be made
`
`available following each TSG Plenary meeting responsible for that specification, and
`
`that TSG Plenary meetings usually occur four times per year. Appendix H, p.6. Any
`
`interested member of the public subscribed to the relevant email listserv, would have
`
`received an invite to and minutes from the Plenary meeting, which would have
`
`served as notice that a new version of a specification would shortly be (if not already
`
`was) available.
`
`30.
`
` Technical specifications, technical reports, and draft technical specifications
`
`and reports, could be easily accessed from the 3GPP website. By way of example,
`
`in 2007, the specifications page could be reached from the 3GPP website’s home
`
`page and many other pages by following the “Specifications” Link. Appendix L.
`
`The specifications page provided direct links to the specifications area in the 3GPP
`18
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`website’s file repository (ftp server) (Appendix M). In 2007, the specifications page
`
`organized the specifications by Release date, and a direct link to each Release date
`
`could be found on the specifications page. The Status List page for each Release
`
`included a chart of all Technical Specifications (“TS”) and Technical Reports
`
`(“TR”) in that Release, including the TS or TR number, the title, the version number,
`
`and the Working Group responsible for that specification or report. An interested
`
`member of the public would know which specification to look at based on the subject
`
`matter the POSITA was interested in. First, an interested member of the public
`
`would know to follow updates from the particular Working Group responsible for
`
`the specific technology of interest. Additionally, an interested member of the public
`
`could narrow the set of relevant specifications based on the series number of the
`
`specification—such as “UTRA aspects” for series ID “25.” Appendix N. Given such
`
`guidance, interested members of the public were able to browse through the titles
`
`and descriptions of a narrowed set of specifications to identify which particular
`
`specification was of interest.
`
`31. Additionally, the 3GPP specifications followed a clear numbering scheme to
`
`help interested parties identify the subject matter of each specification. Appendix
`
`N. As described on the 3GPP Numbering Scheme webpage, all 3G and GSM
`
`19
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`specifications had a specification number of 4 or 5 digits,1 where the first two digits
`
`defined the series. The Numbering Scheme webpage included a table showing the
`
`subject matter corresponding to each series. For example, the “25 series” of
`
`specifications focused on radio aspects, while the “22 series” focused on service
`
`aspects. An interested member of the public could also narrow down the relevant
`
`specifications based on whether the specification applied to only 3G or to both GSM
`
`and 3G (GSM specifications were transferred from ETSI to 3GPP in July 2000). For
`
`a specification in the 21–35 series, this could be determined based on the third digit
`
`of the specification number, where a “0” would indicate that the specification
`
`applied to 3G and to GSM systems. 36 series specifications applied to Evolved
`
`UTRA, and specifications outside the 21–36 series applied only to GSM systems.
`
`Appendix N.
`
`32. The specifications were stored on the 3GPP website’s file repository as zipped
`
`files, where the filenames followed the structure: SM[-P[-Q]]-V.zip. This format
`
`corresponded to the numbering scheme discussed in paragraph 43. “S” represented
`
`the series number; “M” represented the mantissa (the part after the series number);
`
`“P” represented an optional part number; “Q” represented an optional sub-part
`
`number; and “V” represented the version number (without the separating dots).
`
`
`1 Four-digit specification numbers were used for GSM specifications transferred
`from ETSI, i.e. pre-3GPP Rel-4.
`
`20
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`Appendix N.
`
`33. The Working Groups would create incremental versions of the standards 2
`
`(e.g., V0.2.1, V1.0.0, V1.1.0, etc.). These versions were made available on the 3GPP
`
`website’s file repository which is accessible from the 3GPP specifications page. The
`
`version numbering scheme for Technical Specifications and Technical Reports was
`
`standardized by 3GPP. The version number included three fields—the major version
`
`field, the technical version field, and the editorial version field. The major version
`
`field reflects the stage of the specification, with “0” representing an immature draft
`
`and a value of “3” or greater representing a specification that has been approved by
`
`the relevant TSG and thus had been moved to change control. The technical version
`
`field begins at zero and is incremented every time a technical change is made to the
`
`specification (either as part of the drafting process or as part of an approved change
`
`request). The editorial version field begins at zero and is incremented each time a
`
`non-technical change is made to the specification (e.g., to fix a typo or a formatting
`
`issue).
`
`34. The specifications approved by 3GPP were also available as ETSI
`
`
`2 This was prior to the specifications receiving formal approval by the relevant
`Technical Specification Group upon being deemed sufficiently complete. After
`that, they were placed under change control, and each subsequent version was
`based on Change Requests approved by the relevant Technical Specification
`Group.
`
`21
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`deliverables. Appendix F, p. 17. Indeed, the 3GPP documents were “published –
`
`within a matter of a few weeks – as identical text directly as ETSI deliverables.”
`
`Appendix F, p. 17. This was part of the usual process of transposing 3GPP technical
`
`specifications into official publications of the partner organizations, such as ETSI.
`
`Appendix J, p. 18 (“Conversion by Organizational Partners”). Both the 3GPP and
`
`ETSI versions of the 3GPP specifications were searchable and indexed by public
`
`search engines such as Google.
`
`ii) TDocs
`
`35. The technical specifications and reports developed by 3GPP were and are
`
`driven by the technical contributions of 3GPP member companies. As part of that
`
`development process, various types of documents were produced. As relevant to this
`
`case, the 3GPP process involved the consideration of temporary documents or
`
`“TDocs,” which are also referred to as proposals, contributions, or change requests.
`
`The agreement of proposals submitted as TDocs results in the production of
`
`technical specifications.
`
`36. Prior to each Working Group meeting, members of the Working Group could
`
`prepare TDocs to identify, discuss, and/or propose a new feature or change(s) to an
`
`existing feature or to identify a technical issue for discussion. Interested members of
`
`the public would have known that TDocs could be a helpful source of technical
`
`22
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`information regarding the 3GPP specifications.
`
`37. Each TDoc was assigned a TDoc number, according to a standard format set
`
`by 3GPP.3 As described in the 3GPP Working Procedures from 1999, the numbering
`
`system followed the format Gxmnnzzz.ext. Appendix J, pp. 16. This general
`
`naming convention has been in use since at least 1999 with only minor variations.4
`
`Within that format, “Gx” referred to the relevant TSG. For example, “R” was used
`
`for TSG RAN. Likewise, “m” referred to the relevant Working Group. Appendix J,
`
`pp. 15-16. A document for RAN WG1 would therefore begin with “R1.” The two
`
`digits “nn” represented the year (e.g., 99), and the digits “zzz” represented the unique
`
`document number. This document number was used as the TDoc’s filename.
`
`38. Each TDoc would include in its header the meeting at which the contributor
`
`intended the TDoc to be discussed. Most TDocs were uploaded to the 3GPP website
`
`for public viewing prior to the relevant Working Group meeting listed on the TDoc,
`
`although some TDocs including those created at meetings, were uploaded during or
`
`after the meeting. Appendix H, p. 8. Specifically, “TDoc numbers start to be
`
`allocated some weeks before a 3GPP meeting, and the authors then create [the
`
`
`3 Documents other than technical contributions (such as meeting reports) were also
`assigned TDoc numbers for ease of reference.
`4 E.g. from 2000, in order to cater for the large number of TDocs being submitted,
`the number of digits representing the unique document number was increased to
`four “zzzz.”
`
`23
`
`
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of US Patent No. 8,077,594
`
`TDocs] and they or the group’s secretary uploads them to the public file server as
`
`soon as possible.” Appendix H, p. 8 (emphasis added). The documents were
`
`uploaded to the public file repository in an area allocated to the particular Working
`
`Group. Appendix I (RAN WG1 homepage with link to WG1’s “Documents Area”).
`
`Immediately upon upload, any member of the public could download and access the
`
`TDocs and other documents offered for discussion. This process has been in place
`
`since I began attending Working Group meetings in 1999.
`
`e
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
