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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2022-01249
`Patent 9,019,946
`____________
`
`EXHIBIT 2019
`
`SECOND DECLARATION OF PROFESSOR TODOR V. COOKLEV, PH.D.
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 1 of 127
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`
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`TABLE OF CONTENTS
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`Page
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`I.
`INTRODUCTION ........................................................................................... 1
`QUALIFICATIONS ........................................................................................ 1
`II.
`III. BASES OF OPINIONS ................................................................................... 5
`IV. APPLICABLE LEGAL STANDARDS .......................................................... 9
`A.
`Level Of Ordinary Skill In The Art ....................................................... 9
`B. My Understanding Of Legal Standards ............................................... 11
`CLAIMS-AT-ISSUE .....................................................................................13
`V.
`VI. OPINIONS .....................................................................................................13
`A.
`“Multiplexed Signals” (Claim 1). ....................................................... 13
`1.
`Opinions Offered in First Declaration ..................................... 14
`a.
`Bernard’s “Decoder/Multiplexer 112.” ..........................15
`b.
`Petitioner’s Proposed Combination Of Yegoshin
`And Bernard. ...................................................................19
`Additional Opinions ................................................................. 26
`a.
`Yegoshin’s Alleged Teachings .......................................26
`b.
`Petitioner’s Proposed Yegoshin-Bernard Combination .34
`c. Motivation To Combine Yegoshin And Bernard ...........48
`“Combin[ing] The Data Paths Into A Single Transmission Interface
`To One Or More Applications” (Claims 6, 17). ................................. 52
`C. Multiple IP Addresses Or Interfaces ................................................... 63
`1.
`Yegoshin’s Device And Two IP Addresses ............................. 64
`2.
`Reasonable Expectation Of Success ........................................ 67
`
`B.
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`2.
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`
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`i
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 2 of 127
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`D.
`E.
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`Simultaneous Use of Multiple Network Paths (Claims 14, 17) .......... 73
`“Two Network Paths” Connected To The Same “Remote Server”
`And Use of the Second Network Path “In Response To A Change
`In The Signal Strength And/Or Connectivity”
`(Claim 27) ............................................................................................ 84
`1.
`Two Network Paths Connected to the Same “Remote Server” 84
`2.
`The Second Wireless Transmit and Receive Unit
`Communicating to the Remote Server In Response to a Change
`in Signal Strength or Connectivity ........................................... 91
`Claim 2 ................................................................................................ 96
`F.
`Claim 10 .............................................................................................. 97
`G.
`VII. CONCLUSION ..............................................................................................98
`
`
`
`
`ii
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 3 of 127
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`I.
`
`INTRODUCTION
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`1. My name is Todor V. Cooklev. I have been retained as an expert
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`witness to provide my independent opinion in regard to the matters at issue in inter
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`partes review of U.S. Patent No. 9,019,946 (“the ’946 patent”) in IPR2022-01249.
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`I have been retained by Smart Mobile Technologies LLC (“Smart Mobile”), the
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`Patent Owner in the above proceedings. Petitioners are Samsung Electronics Co.,
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`Ltd., Samsung Electronics America, Inc., and Apple Inc. (collectively
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`“Petitioner”).
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`2.
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`I am being compensated $400 per hour for my time spent working in
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`connection with this case. My compensation is in no way related to the outcome of
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`this litigation. If called as a witness, I would testify as to the statements and
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`opinions contained in this report.
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`3.
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`I am not a legal expert and offer no opinions on the law. However, I
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`have been informed by counsel of the various legal standards that apply, and I have
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`applied those standards in arriving at my conclusions.
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`II. QUALIFICATIONS
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`4.
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`I am currently Professor of Electrical and Computer Engineering at
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`Purdue University in Fort Wayne, Indiana. At the same institution since 2008, I
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`have served in several faculty and administrative positions, including as the
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`Director of the Wireless Technology Center, ITT Associate Professor of Wireless
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`
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`1
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`Smart Mobile Technologies LLC, Exhibit 2019
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`Communication and Applied Research, and later as Harris Professor of Wireless
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`Communication and Applied Research.
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`5.
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`I graduated from the Technical University of Sofia, Bulgaria in 1988
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`with a Diploma of Engineering in the field of Electrical Engineering. I graduated
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`from Tokyo Institute of Technology in Tokyo, Japan in 1995 with a Doctor of
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`Philosophy (Ph.D.) degree in Electrical Engineering.
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`6.
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`In 1997-1999, I was an engineer at 3Com Corp. where I worked on
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`software and firmware development. At that time, 3Com was a leading computer
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`networking and data communication company. Palm Computing, which had
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`developed the PalmPilot, widely recognized as the first personal digital assistant
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`(PDA), was a division of 3Com. Additionally, I participated in the Bluetooth
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`Special Interest Group (SIG) on behalf of 3Com.
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`7.
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`In 2007-2008 I served as Principal Investigator of a National Science
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`Foundation grant awarded to the IEEE. This grant supported a number of
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`undergraduate and graduate students to work on hardware and software projects
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`incorporating the IEEE standards. A significant number of software applications
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`and hardware devices, connected to other devices and/or the Internet using wireless
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`local or personal area networking standards were developed as a result of this
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`funding.
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`2
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`8.
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`I have contributed to the development of several major standards for
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`communication systems and numerous amendments, including Bluetooth, DSL,
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`Wi-Fi, cellular, and military radio systems. I have participated in many meetings
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`of standards committees and prepared, submitted, and presented documents
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`relating to technical matters considered by these committees. I have also drafted
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`liaison letters among different standards committees. I have chaired some
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`committee meetings and served in other leadership roles. For example, I have been
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`a Voting Member of the IEEE 802.11 Working Group and served as Chairman of
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`the IEEE Standards in Education Committee. I received an award from IEEE
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`Standards Association in 2012.
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`9. My additional involvement with IEEE includes being elected to serve
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`on the Board of Governors of the IEEE Standards Association in 2020 for one term
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`beginning January 2021. The Board of Governors provides overall leadership of
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`the IEEE Standards Association. Also, I am the Series Editor for Wireless and
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`Radio Communications for the IEEE Communications Standards Magazine (which
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`is the premier journal in the field of communication standards) and have held that
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`position since 2017. Since the 1990s and in particular since 1997 I have been
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`reviewing manuscripts in the field of the ’946 patent submitted for conference or
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`journal publication.
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`3
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`10. My current research interests include most aspects of modern wireless
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`systems, including hardware and software architectures. A significant part of my
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`research is specifically focused on standards-related issues. I have received a
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`number of research grants in these areas. My teaching responsibilities have
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`included courses in communication systems and networks, signals and systems,
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`software-defined radio, and digital signal processing.
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`11.
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`I am a named inventor on more than thirty U.S. patents, most of which
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`relate to the hardware or software aspects of communication systems. In 2019, I
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`was inducted into the Purdue Inventors Hall of Fame. I have also authored and co-
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`authored more than one hundred peer-reviewed articles. I also authored “Wireless
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`Communication Standards: A Study of IEEE 802.11, 802.15, and 802.16,”
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`published by IEEE Press. A list of my publications and patents appears in my
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`curriculum vitae attached as Exhibit A.
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`12. A detailed record of my professional qualifications is set forth in the
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`attached Exhibit A, which is my curriculum vitae, including a list of publications,
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`awards, courses I teach in electrical and computer engineering subjects, research
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`grants, and professional activities. My curriculum vitae also lists the depositions,
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`hearings, and trial at which I have testified.
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`4
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`Smart Mobile Technologies LLC, Exhibit 2019
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`III. BASES OF OPINIONS
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`13.
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`In the course of conducting my analysis and forming my opinions, I
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`have reviewed materials including those listed below:
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`i.
`
`ii.
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`U.S. Patent No. 9,019,946 (Ex. 1001) (“the ’946 patent” or “’946”);
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`The prosecution history of the ’946 patent (Ex. 1002);
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`iii. The Declaration signed by Dr. Michael Allen Jensen in IPR2022-
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`01249 (Ex. 1003) (the “Jensen Declaration”);
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`iv. U.S. Patent No. 6,711,146 issued to Leonid A. Yegoshin
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`(“Yegoshin”) (Ex. 1004);
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`v.
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`U.S. Patent No. 5,784,032 issued to Ronald H. Johnston, et al.
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`(“Johnston”) (Ex. 1005);
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`vi. U.S. Patent No. 5,590,133 issued to Lars Billström, et al.
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`(“Billström”) (Ex. 1006);
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`vii. U.S. Patent No. 5,497,339 issued to Marc A. Bernard (“Bernard”)
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`(Ex. 1007);
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`viii.
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`International Patent Publication No. WO 98/27748 to Allan Farber, et
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`al. (“WO748”) (Ex. 1008);
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`ix. U.S. Patent No. 5,854,985 issued to Joseph B. Sainton, et al.
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`(“Sainton”) (Ex. 1009);
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`
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`5
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`Smart Mobile Technologies LLC, Exhibit 2019
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`x.
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`U.S. Patent No. 6,031,503 issued to Joseph A. Preiss, II, et al.
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`(“Preiss”) (Ex. 1010);
`
`xi.
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`Larry L. Peterson and Bruce S. Davie, Computer Networks: A
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`Systems Approach, Morgan Kaufmann Publishers, Inc., San
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`Francisco, CA, 1996 (Ex. 1011);
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`xii. Andrew S. Tanenbaum, Computer Networks, 3d ed, Prentice Hall
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`PTR, Upper Saddle River, NJ, 1996 (Ex. 1012);
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`xiii. Merilee Ford, H. Kim Lew, Steve Spanier, and Tim Stevenson,
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`Internetworking Technologies Handbook, New Riders Publishing,
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`Indianapolis, IN, 1997 (Ex. 1013);
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`xiv. William Stallings, Data and Computer Communications, 5th ed,
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`Prentice Hall, Upper Saddle River, NJ, 1996 (Ex. 1014);
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`xv. Dictionary Definition of “time division multiplex” (Newton’s
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`Telecom Dictionary, 1998) (Ex. 1015);
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`xvi. U.S. Patent No. 6,115,615 issued to Takeshi Ota, et al. (Ex. 1016);
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`xvii. U.S. Patent No. 6,366,622 issued to Stephen Joseph Brown, et al. (Ex.
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`1017);
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`xviii. U.S. Patent No. 6,560,443 issued to Ari Vaisanen, et al. (Ex. 1018);
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`xix. U.S. Patent No. 5,680,633 issued to Steven E. Koenck, et al. (Ex.
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`1019);
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`
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`6
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 9 of 127
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`xx. U.S. Patent No. 6,047,322 issued to Aseem Vaid, et al. (Ex. 1020);
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`xxi. Excerpts from Theodore S. Rappaport, Wireless Communications
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`Principles & Practice, Prentice Hall, 1996 (Ex. 1021);
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`xxii. R. G. Vaughan, et al., Antenna diversity in mobile communications, in
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`IEEE Transactions on Vehicular Technology, vol. 36, no. 4, pp. 149-
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`172, Nov. 1987 (Ex. 1022);
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`xxiii. S. M. Alamouti, A simple transmit diversity technique for wireless
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`communications, in IEEE Journal on Selected Areas in
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`Communications, vol. 16, no. 8, pp. 1451-1458, Oct. 1998 (Ex. 1023);
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`xxiv. Excerpts from Douglas E. Comer, Internetworking with TCP/IP
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`Volume One, 3d ed, 1995 (Ex. 1024);
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`xxv. U.S. Patent No. 5,768,691 issued to Jorma Matero, et al. (Ex. 1025);
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`xxvi. U.S. Patent No. 5,960,344 issued to Ronald L. Mahany (Ex. 1026);
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`xxvii. European Patent Application 0 660 626 A2 to John Daniel Byrne
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`(EX-1027);
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`xxviii.
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`Excerpts from William C. Jakes, Microwave Mobile
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`Communications, IEEE Press, 1974 (Ex. 1028);
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`xxix. Yi-Bing Lin, Cellular digital packet data, in IEEE Potentials, vol. 16,
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`no. 3, pp. 11-13, Aug.-Sept. 1997 (Ex. 1030);
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`
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`7
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`Smart Mobile Technologies LLC, Exhibit 2019
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`xxx. A. K. Salkintzis, Packet data over cellular networks: the CDPD
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`approach, in IEEE Communications Magazine, vol. 37, no. 6, pp. 152-
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`159, June 1999 (Ex. 1031);
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`xxxi. C. E. Perkins et al., A mobile networking system based on Internet
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`protocol, in IEEE Personal Communications, vol. 1, no. 1, pp. 32-41,
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`1st Qtr. 1994 (Ex. 1032);
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`xxxii. K. C. Budka, H. Jiang and S. E. Sommars, Cellular digital packet data
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`networks, in Bell Labs Technical Journal, vol. 2, no. 3, pp. 164-181,
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`Summer 1997 (Ex. 1033);
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`xxxiii.
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`U.S. Patent No. 6,353,443 issued to Zhinong Ying (Ex. 1035);
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`xxxiv. U.S. Patent No. 5,790,176 issued to Bernard Jeff Craig (Ex. 1036);
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`xxxv. U.S. Patent No. 6,230,194 issued to Jean-Marc Frailong et al. (Ex.
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`1037);
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`xxxvi. U.S. Patent No. 6,600,734 issued to Alex Gernert, et al. (Ex. 1038);
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`xxxvii.
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`Jon D. Brady, Virtual Private Networking – The Flexible
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`Approach, Institution of Electrical Engineers, 1997 (Ex. 1039);
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`xxxviii.
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`U.S. Patent No. 6,055,575 issued to Gaige B. Paulsen, et al.
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`(Ex. 1040);
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`xxxix. U.S. Patent No. 4,989,230 issued to Steven F. Gillig, et al. (Ex. 1045)
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`
`
`8
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`Smart Mobile Technologies LLC, Exhibit 2019
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`xl.
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`Excerpts from Constantine A. Balanis, Antenna Theory Analysis and
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`Design, Harper & Row, 1982 (Ex. 1048);
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`xli. The exhibits and other documents cited herein.
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`IV. APPLICABLE LEGAL STANDARDS
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`A. Level Of Ordinary Skill In The Art
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`14. My opinions in this declaration are based on the understandings of a
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`person of ordinary skill in the art, which I understand is sometimes referred to as
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`an “ordinary artisan” or by the acronyms “POSITA” or “PHOSITA,” as of the time
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`of the invention, which I understand is here assumed to be the effective filing date
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`(June 4, 1999) of the provisional application from which the ’946 patent issued. I
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`understand that the person of ordinary skill in the art is a hypothetical person who
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`is presumed to have known the relevant art at the time of the invention. By
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`“relevant,” I mean relevant to the challenged claims of the ’946 patent.
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`15.
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`I understand that factual indicators of the level of ordinary skill in the
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`art include the various prior art approaches employed, the types of problems
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`encountered in the art, the rapidity with which innovations are made, the
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`sophistication of the technology involved, and the educational background of those
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`actively working in the field. I understand that, in assessing the level of skill of a
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`person of ordinary skill in the art, one should consider the type of problems
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`encountered in the art, the prior solutions to those problems found in the prior art
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`9
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`Smart Mobile Technologies LLC, Exhibit 2019
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`references, the rapidity with which innovations are made, the sophistication of the
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`technology, the level of education of active workers in the field, and my own
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`experience working with those of skill in the art at the time of the invention.
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`16.
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`In this case, Dr. Jensen has asserted in his declaration that a person of
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`ordinary skill in the art as of the time of the ʼ946 patent would have had:
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`a Bachelor’s degree in electrical engineering, computer engineering,
`computer science, or a related field, and at least two years of experience
`related to the design or development of wireless communication
`systems, or the equivalent. Additional graduate education could
`substitute for professional experience, or significant experience in the
`field could substitute for formal education.
`
`Ex. 1003 [Jensen-Decl.] ¶27.
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`17. For the purposes of this declaration, I accept Dr. Jensen’s proposed
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`qualifications of a POSITA.
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`18. As further discussed below, my opinions as stated in this declaration
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`are valid even if the Board adopts a slightly different level of ordinary skill in the
`
`art. For example, as will be discussed throughout my report, even a person with
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`the level of knowledge or experience described by Dr. Jensen or adopted by the
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`Board would not have a reasonable expectation of success in implementing certain
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`aspects of the proposed combination as of the priority date of the ’946 patent.
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`
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`10
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 13 of 127
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`B. My Understanding Of Legal Standards
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`19. When considering the ’946 patent and stating my opinions, I rely on
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`the following legal standards as described to me by the attorneys for Smart Mobile.
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`20.
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`I understand that a patent claim is unpatentable if the claimed
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`invention would have been obvious to a person of ordinary skill in the art at the
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`time of the purported invention.
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`21.
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`I understand that an obviousness analysis involves comparing a claim
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`to the prior art to determine whether the claimed invention would have been
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`obvious to a person of ordinary skill in the art at the time of the invention in view
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`of the prior art and in light of the general knowledge in the art as a whole. I also
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`understand that obviousness is ultimately a legal conclusion based on underlying
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`facts of four general types, all of which must be considered: (1) the scope and
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`content of the prior art; (2) the level of ordinary skill in the art; (3) the differences
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`between the claimed invention and the prior art; and (4) any objective indicia of
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`non-obviousness, including any praise of the invention.
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`22.
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`I also understand that obviousness may be established under certain
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`circumstances by combining or modifying the teachings of the prior art. Specific
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`teachings, suggestions, or motivations to combine any first prior art reference with
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`a second prior art reference can be explicit or implicit, but must have existed
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`before the date of purported invention. I understand that prior art references
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`11
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 14 of 127
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`themselves may be one source of a specific teaching or suggestion to combine
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`features of the prior art, but that such suggestions or motivations to combine art
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`may come from the knowledge that a person of ordinary skill in the art would have
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`had.
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`23.
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`I understand that a reference may be relied upon for all that it teaches,
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`including uses beyond its primary purpose, but also including teachings that lead
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`away from the invention. I understand that a reference may be said to teach away
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`when a person of ordinary skill, upon reading the reference, would be discouraged
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`from following the path set out in the reference, although the mere disclosure of
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`alternative designs does not teach away.
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`24.
`
`I further understand that whether there is a reasonable expectation of
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`success in combining references in a particular way is also relevant to the analysis.
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`25.
`
`I understand that it is improper to use hindsight to combine references
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`or elements of references to reconstruct the invention using the claims as a guide.
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`My analysis of the prior art is made from the perspective of a person of ordinary
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`skill in the art at the time of the invention.
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`26.
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`I am not offering any legal opinions in this declaration nor am I
`
`qualified to do so. I only consider such legal standards in framing my opinions and
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`conclusions as well as placing assertions made by Petitioner in the Petition into the
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`proper context. Additionally, from a subject matter perspective, I understand that
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`
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`12
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`the petitioner always has the burden of persuasion regarding a challenge of
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`patentability of an invention under an inter partes review.
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`V. CLAIMS-AT-ISSUE
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`27.
`
`I understand that Petitioner has challenged claims 1-21 and 26-30
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`based on five grounds as follows:
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`• Claims 14-15 based on obviousness over Yegoshin in view of
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`Johnston and Billström (Ground 1A);
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`• Claims 1-11 and 16-21 based on obviousness over Yegoshin in view
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`of Johnston, Billström, and Bernard (Ground 1B);
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`• Claim 12 based on obviousness over Yegoshin in view of Johnston,
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`Billström, Bernard, and WO748 (Ground 1C);
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`• Claims 13 and 26 based on obviousness over Yegoshin in view of
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`Johnston, Billström, Bernard, and Sainton (Ground 1D);
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`• Claims 27-30 based on obviousness over Yegoshin in view of
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`Johnston, Billström, Bernard, and Preiss (Ground 1E).
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`VI. OPINIONS
`
`A.
`
`“Multiplexed Signals” (Claim 1).
`
`28. Claim 1 recites:
`
`Limitation 1[i]: “wherein a first interface for transmission is created and
`wherein said first interface for transmission uses a plurality of
`interfaces for Internet Protocol communication on the mobile device
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`
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`13
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`Smart Mobile Technologies LLC, Exhibit 2019
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`which utilize the plurality of wireless transmit and receive units on the
`mobile device to enable a single interface comprised of multiplexed
`signals from the plurality of wireless transmit and receive units; . . . .”
`
`29. Claim 2 recites:
`
`The device of claim 1, wherein a single transmission connection is
`further comprised of at least two or more wireless transmit and receive
`connections simultaneously transmitting and receiving using the
`plurality of antennas, and wherein the processor multiplexes the
`receiving signals into the single transmission connection.
`
`30. Claim 3 recites:
`
`The device of claim 1, wherein a single transmission connection is
`further comprised of at least two or more wireless transmit and receive
`connections sequentially transmitting and receiving using the plurality
`of antennas, and wherein the processor multiplexes the receiving
`signals into the single transmission connection.
`
`31.
`
`It is my opinion that Petitioner and Dr. Jensen have not demonstrated
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`that the proposed combination of Yegoshin and Bernard teaches “multiplexed”
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`“signals.”
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`1. Opinions Offered in First Declaration
`I have previously submitted a preliminary declaration in this case. For
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`32.
`
`convenience, I include the testimony from my preliminary declaration with regard
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`to “multiplexed” “signals,” replicated below.
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`
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`14
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`Smart Mobile Technologies LLC, Exhibit 2019
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`Bernard’s “Decoder/Multiplexer 112.”
`a.
`I understand that in litigation currently pending in the United States
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`33.
`
`District Court for the Western District of Texas, entitled Smart Mobile
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`Technologies LLC v. Apple Inc., Case No. 21-cv-603 and Smart Mobile
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`Technologies LLC v. Samsung Electronics Co. Ltd. and Samsung Electronics
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`America, Inc., Case No. 21-cv-701 (“the District Court Action”), Apple Inc. and
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`Samsung Electronics Co., Ltd. (referred to in this proceeding as “Petitioner”) have
`
`argued that “multiplex / multiplexes / multiplexed / multiplexing” (collectively,
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`“multiplexing”) should be construed to mean “to interleave or simultaneously
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`transmit two or more messages on a single communications channel.” Ex. 2003
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`[Defendants’ Opening Claim Construction Brief] 37. I also understand that in the
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`District Court Action, Patent Owner has proposed a construction of “multiplexing”
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`as “[t]o combine multiple signal streams or data streams into a single signal stream
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`or data stream for transmission or further processing, or split a single signal stream
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`or data stream into multiple signal streams or data streams for transmission or
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`further processing.” Id.
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`34.
`
`I note that I am not offering any claim construction opinions in this
`
`declaration and am merely applying the claim construction positions proffered in
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`the District Court Action. To be clear, I am not endorsing Petitioner’s claim
`
`construction positions in this declaration.
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`
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`15
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 18 of 127
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`35.
`
`In my opinion, the Petition fails to even suggest that the references it
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`relies on teach the subject matter recited in the challenged claims according to
`
`either Petitioner’s or Patent Owner’s District Court constructions of
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`“multiplexing.”
`
`36.
`
`I note that Petitioner argues Bernard’s communication packet
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`interface 752 “includes or operates as a multiplexer.” Pet., 38. To support this
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`contention, Petitioner cites to Bernard at 3:59-4:15, Figure 4, and 17:10-25. Id.
`
`These passages and figure describe a “decoder/multiplexer 112,” as can be seen
`
`boxed in red in Figure 4 below:
`
`
`
`
`
`16
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 19 of 127
`
`
`
`Ex. 1007 [Bernard] Fig. 4 (annotated), 3:59-4:15 (“The decoder/multiplexer 112
`
`comprises a dual 1:4 decoder or demultiplexer 136 and a dual 4:1 multiplexer or
`
`selector 138.”); 17:10-25 (“Many of the implementation details that have been
`
`described above with respect to the first embodiment 100 also apply to the second
`
`embodiment 100B.”). Consequently, I understand Petitioner to argue that
`
`Bernard’s “decoder/multiplexer 112” performs the alleged “multiplex[ing]” in the
`
`proposed combination.
`
`37. Based on the teachings of Bernard, however, Bernard’s
`
`“decoder/multiplexer 112” does not interleave or simultaneously transmit two or
`
`more messages on a single communications channel, as required by Petitioner’s
`
`District Court construction. Nor does Bernard’s decoder/multiplexer 112”
`
`combine multiple signal streams or data streams into a single signal stream or data
`
`stream for transmission or further processing, or split a single signal stream or data
`
`stream into multiple signal streams or data streams for transmission or further
`
`processing, as required by Patent Owner’s District Court construction.
`
`38.
`
`Instead, Bernard’s “decoder/multiplexer 112 is a simple
`
`combinational logic circuit that can be called a “multiplexer” yet merely “switch
`
`one of several input lines to a single common output line.” Ex. 2006 [Electronics
`
`Tutorial]. These combinational logic circuits are also known as “data selectors.”
`
`Id. The POSITA would realize that although an electrical component may be
`
`
`
`17
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 20 of 127
`
`
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`called a “decoder/multiplexer,” if the component were merely a data selector, it
`
`would not “multiplex” within the meaning of that term under either Petitioner’s or
`
`Patent Owner’s proposed District Court constructions.
`
`39. Again, Bernard’s “decoder/multiplexer” is consistent with the simple
`
`combinational logic circuit or data selector described above. Bernard teaches that
`
`its decoder/multiplexer “comprises a 74HC153, also from Texas Instruments, or
`
`the like.” Ex. 1007 [Bernard] 5:17-21. The 74HC153 is a “Dual 4-Line To 1-Line
`
`Data Selector[]/Multiplexer[].” Ex. 2007 [74HC153 Data Sheet] 1. It operates by
`
`“select[ing] one of four data sources.” Id. Thus, the POSITA would recognize that
`
`the 74HC153, and consequently Bernard’s multiplexer, is consistent with a data
`
`selector.
`
`40. Consistent with data selectors and the 74HC153 data sheet, Bernard
`
`simply teaches selecting an input from the communication circuits and switching
`
`the selected input to the output. Ex. 1007 [Bernard] 5:30-35 (“The microcontroller
`
`104 generates a pair of select signals on a pair of select lines 140 and 142 to the
`
`decoder 136. The two select signals have logical values of 00, 01, 10, or 11 to
`
`control the selection of one of the four output pairs of the decoder 136 to which
`
`the input pair is connected.”); 5:41-44 (“Thus, the microcontroller 104 can send
`
`serial data to any of the installed communication circuits 114, 120 and either 124
`
`or 126 by selecting the appropriate select signals.”); 5:59-62 (“The
`
`
`
`18
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 21 of 127
`
`
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`microcontroller 104 controls the selection of the multiplexer 138 using the same
`
`select signals as described above with reference to the decoder 136.”).
`
`41. Consequently, the POSITA would understand Bernard’s
`
`“decoder/multiplexer 112” is simply a “device for selecting one of a number of
`
`inputs and switching its information to the output” which does not “multiplex” as
`
`either Petitioner or Patent Owner has proposed that that term be construed in the
`
`District Court Action.
`
`b.
`
`Petitioner’s Proposed Combination Of Yegoshin And
`Bernard.
`I understand that Petitioner and Dr. Jensen argue that the “POSITA
`
`42.
`
`would have found it obvious to modify Yegoshin-Johnston-Billström’s phone
`
`based on Bernard’s teachings in at least two alternative ways.” Pet., 39; Ex. 1003
`
`[Jensen Decl.] ¶136.
`
`43.
`
`It is my opinion that Petitioner and Dr. Jensen have not demonstrated
`
`that the POSITA would be motivated or able to combine Yegoshin and Bernard as
`
`proposed with a reasonable likelihood of success.
`
`i.
`
`Petitioner’s First Scenario
`
`44.
`
`I understand Petitioner proposes a “first scenario” as follows:
`
`In a first scenario, the phone in the combination would have been
`modified to be used with Bernard’s cradle to provide multiple
`network connections. Id. Yegoshin actually suggests two alternative
`configurations to implement its dual-mode operation, and, in one of
`
`
`
`19
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 22 of 127
`
`
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`the alternatives, Yegoshin’s phone uses the adapter port 13 for
`connecting a wireless network adapter to enable wireless connection
`to IP-LAN if the IP-LAN has “different protocols than the currently
`available cellular/PCS networks.” Id.; EX-1004, 5:23-32. In this
`case, a POSITA would have understood or found obvious that
`Bernard’s cradle is an example of the adapter that can be plugged
`into Yegoshin’s phone because Bernard’s cradle provides various
`wireless connections that are not available at the phone itself. EX-
`1003, ¶132; EX-1004, 5:4-8.
`
`Pet., 39-40.
`
`45.
`
`I do not agree that the POSITA would have been motivated to
`
`combine the references as proposed or that the resultant combination would meet
`
`the claims. Bernard’s cradle includes a landline (boxed in red) and a cellular
`
`telephone (boxed in blue), as illustrated in Bernard’s Figure 10 below:
`
`
`
`20
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 23 of 127
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`
`
`
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`Ex. 1007 [Bernard] Fig. 10 (annotated); 17:40-44 (“The communication device
`
`100B comprises a communication server 750, the GPS engine 120, the cellular
`
`telephone 126, the phone modem 114, a land phone 708, the packet radio 124, and
`
`the pass-thru or external serial port 110.”); 25:29-30 (“The land phone 708
`
`comprises the DAA 116 and the phone jack 118.”). There is no explanation from
`
`Petitioner or Dr. Jensen of why the POSITA would be motivated to add both a
`
`cellular telephone and a land phone to Yegoshin’s phone, which is already a cell
`
`phone.
`
`46. Moreover, the resulting combined system would not teach the claims.
`
`The claims recite “[a]n Internet-enabled mobile communication device comprising
`
`
`
`21
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`Smart Mobile Technologies LLC, Exhibit 2019
`Page 24 of 127
`
`
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`…” Ex. 1001 [’946 Patent] cl. 1. The POSITA would understand that by attaching
`
`Yegoshin’s phone to the cradle which in turn contains a “land phone,” the resulting
`
`system would no longer be mobile. Indeed, the primary difference between a
`
`mobile phone and a landline is that the landline is restricted by a wired system and
`
`consequently is not mobile. Ex. 2008 [Alphr] (“In short, the difference between a
`
`cell phone and a landline is that the former uses a wireless connection, and the
`
`latter relies on a physical wire system.”). I do not see any proposal from either
`
`Petitioner or Dr. Jensen to modify Bernard’s cradle to remove the land phone.
`
`Consequently, the resulting system would not be within the scope of the claims
`
`which, again, recite a “mobile communications device.”
`
`ii.
`
`Petitioner’s Second Scenario
`
`47.
`
`I understand Petitioner proposes a “second scenario” as follows:
`
`…the phone in the combination would have included at least
`communication server 750 (including communication packet
`interface 752 and communication packet distributor 754), which is
`connected to multiple networks such as Yegoshin’s cellular network
`and WLAN (similar to Bernard’s cel
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