`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 1
` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`VOLKSWAGEN GROUP OF AMERICA, )
`INC., )
`)
`Petitioner, )
`)
` VS. ) Case IPR2022-01537
`) U.S. Patent No. 10,075,941
`NEO WIRELESS, LLC, )
`)
`Patent Owner. )
`_____________________________)
`
`IN-PERSON VIDEOTAPED DEPOSITION OF
`WILLIAM ALBERTH
`THURSDAY, OCTOBER 19, 2023
`
`STENOGRAPHIC REPORTER: CHRISTA YAN, CSR NO. 14316, RPR
`
`____________________________________________________
`DIGITAL EVIDENCE GROUP
`1730 M Street, NW, Suite 812
`Washington, D.C. 20036
`(202) 232-0646
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`VWGoA EX1045
`VWGoA V. Neo Wireless
`IPR2022-01539
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 2
` BE IT REMEMBERED that on THURSDAY, the 19TH DAY OF
`OCTOBER, 2023, at the hour of 11:44 a.m., Pacific Standard
` Time, of said day, at 99 South Almaden Boulevard,
` Suite 600, San Jose, California 95173, before me
` personally, CHRISTA YAN, a Certified Shorthand
` Reporter/Stenographic Reporter, State of California,
`personally appeared WILLIAM ALBERTH, who was examined as a
` witness in said cause; that said transcript format was
`prepared in accordance with California Code of Regulations
` Section 2473.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 3
`
`IN-PERSON APPEARANCES:
`FOR PETITIONER:
` STERNE KESSLER GOLDSTEIN & FOX
` BY: TIMOTHY TANG, ATTORNEY-AT-LAW
` RYAN RICHARDSON, ATTORNEY-AT-LAW
` 1100 New York Avenue, NW
` Washington, DC 20005
` (202) 371-2540
` ttang@sternekessler.com
` rrichardson@sternekessler.com
`
`FOR PATENT OWNER:
` LOWENSTEIN & WEATHERWAX LLP
` BY: PARHAM HENDIFAR, ATTORNEY-AT-LAW
` 1016 Pico Boulevard
` Santa Monica, California 90405
` (310) 307-4515
` hendifar@lowensteinweatherwax.com
`
`ALSO PERSONALLY PRESENT:
`CAREY MOOK, The Videographer
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 4
`
` INDEX OF EXAMINATIONS
` PAGE
`MR. TANG 6
`MR. HENDIFAR 172
`MR. TANG 177
`
` E X H I B I T S
`EXHIBIT FOR IDENTIFICATION PAGE
`Exhibit 1 - Second Declaration of William 16
` P. Alberth Junior, Exhibit 2015
`Exhibit 2 - Executive Summary, Experience 17
` William P. Alberth, Junior
` Exhibit 2002 Neo Wireless LLC
`Exhibit 3 - U.S. Patent No. 10,075,941 B2 60
` Volkswagen Exhibit 1001
`Exhibit 4 - United States Patent Application 120
` Publication, October 10, 2002
` Volkswagen Exhibit 1009
`Exhibit 5 - United States Patent Application 147
` Publication, January 19, 2006
`
`1
`2
`3
`4
`5
`
`6 7 8
`
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 5
` THE VIDEOGRAPHER: Good morning. We are now on the
`record. This is Video Number 1 in the video deposition of
`William P. Alberth, Junior, taken by the petitioner in the
`matter of Volkswagen Group of America, Inc. versus Neo
`Wireless LLC in the United States Patent and Trademark
`Office, Case Number IPR 2022-01537.
` This deposition is being held at the Regus
`Business Center at 99 South Almaden Boulevard, Suite 600,
`San Jose, California on October 19, 2023. The time on the
`video screen is 11:44 a.m. My name is Carey Mook. I'm
`the legal videographer in association with Digital
`Evidence Group. The court reporter is Christa Yan, also
`in association with Digital Evidence Group.
` Will all counsel now please state your appearance
`for the record.
` MR. TANG: All right, for Petitioner, my name is
`Timothy Tang, and with me is Ryan Richardson.
` MR. HENDIFAR: For Patent Owner, Parham Hendifar.
` THE VIDEOGRAPHER: Will the court reporter please
`administer the oath.
` WILLIAM ALBERTH,
` the Witness, called on behalf of the Petitioner, being
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 6
` duly sworn to state the truth, the whole truth, and
` nothing but the truth, testified on oath as follows:
` EXAMINATION
`BY MR. TANG:
` Q All right. Hi, Mr. Alberth.
` A Hi.
` Q All right. Can you please state your full name
`for the record?
` A William P. Alberth, Junior.
` Q Okay. And just so we're on the same page, I'd
`like to go over some guidelines that I'd like to follow
`for this deposition. So first, when I ask a question, can
`you make sure that you answer verbally so that the court
`reporter can record your answer?
` A Okay.
` Q Okay. So just to be clear, right, verbal so
`we're trying to avoid nodding or head shaking in terms of
`an answer; is that fair?
` A I understand.
` Q All right. So counsel may object, but unless
`they instruct you not to answer a question, you must
`answer. Is that clear?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 7
`
` A I understand.
` Q All right. And typically, I'd like to take a
`break every hour or so. Does that sound reasonable to
`you?
` A That's fine.
` Q Okay. If you need a break before that time, you
`can feel free to let your attorney know, and we'll do our
`best to find a convenient stopping point; is that fair?
` A Okay.
` Q Okay. And I guess the one thing I ask is that if
`there's a pending question, can you answer that question
`before going on break?
` A I understand.
` Q Okay. All right. Also, please tell me if you
`don't understand a question. If you answer a question,
`I'll assume you understood it; is that fair?
` A Okay.
` Q All right. And a transcript is being made of
`this deposition. You'll get the opportunity to make the
`corrections if necessary; is that fair?
` A Okay.
` MR. HENDIFAR: If I may just present an objection for
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 8
`the record that we are objecting to the videotaping of
`this deposition.
` MR. TANG: Okay.
`BY MR. TANG:
` Q Is there any reason you cannot provide truthful
`testimony today?
` A No.
` Q Okay. Have you ever been deposed before?
` A Yes.
` Q How many times?
` A 10, 12, something like that.
` Q Okay. And so how many of those were in the past
`four years?
` A None.
` Q Okay. What types of cases were you deposed in?
` A Corporate witness, patent disputes, IPR.
` Q Okay. IPRs, you said?
` A Yeah.
` Q Any other patent disputes then?
` A Some other patent disputes as well, yeah.
` Q Like related to infringement?
` A Right.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 9
` Q Okay. So, well, given your previous deposition
`experience, you're familiar with the deposition process
`then; is that fair?
` A That's fair.
` Q Okay. And just to confirm, there's no reason
`that you would be unable to provide a full and complete
`accurate testimony today?
` A That's correct.
` Q Okay. So now, Mr. Alberth, you understand that
`you're here to testify regarding your declaration that you
`submitted in Inter Partes Review Proceeding IPR 2022-01537
`regarding U.S. Patent Number 10,075,941. Correct?
` A Correct.
` Q Okay. And for ease of discussion, would it be
`okay if I just refer to that as the '941 patent?
` A Yes.
` Q I see you have some notes that you brought in.
`What notes did you bring in?
` A Just the declarations.
` Q Okay. I guess I was going to ask to take a look
`at it so I can take a look at it.
` A You want to see?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 10
`
` Q Sure.
` Are there any markings in these notes?
` A No.
` Q Okay. So just to confirm, this first document
`that I'm looking at right here is Exhibit 2015 in IPR
`2022-01537 for the '941 patent; is that correct?
` A Yes.
` Q And I'll take a look at the second one here.
` Okay. And so the second document that I'm
`holding here is Exhibit 2010 in IPR 2022-01539 which
`relates to the U.S. Patent 10,965,512; is that correct?
` A For a week from now, yeah.
` Q Okay. Okay. So the third document that I'm
`holding here is Exhibit 2010 for Case IPR 2022-01567
`related to U.S. Patent 10,447,450; is that correct?
` A For tomorrow.
` Q Okay. So I'll give these back to you, and you
`confirm there are no additional notes or markings in these
`documents; is that right?
` A Correct.
` Q Okay. So before we dive into anything, can you
`tell me about what you did to prepare for your deposition
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 11
`
`today?
` A I met with my lawyer.
` Q Okay. About how long do you estimate that you
`met for?
` A Two days.
` Q Two days, okay.
` About how many hours then were those two days?
` A 16 hours-ish.
` Q Okay. Did you review any documents in
`preparation for this deposition?
` A My understanding is any discussions I have with
`my lawyer is privileged and --
` MR. HENDIFAR: You may answer the documents that you
`reviewed.
` THE WITNESS: Yes.
`BY MR. TANG:
` Q Okay. Which documents did you review?
` A The declaration and the exhibits that are on the
`record.
` Q Okay. So just the declaration, the exhibits on
`the record?
` A Correct.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 12
` Q Okay. When you were first approached by Neo
`Wireless to provide declaratory evidence -- or sorry, when
`were you first approached by Neo Wireless to provide
`declaratory evidence for this proceeding?
` A Yeah, I don't recall.
` Q Okay. Do you recall who approached you first?
` A One of the lawyers. I think it was Chris.
` Q Chris from what law firm?
` A Yeah, I don't recall. I'm not sure exactly which
`law firm he's from.
` Q Okay. Okay. So you submitted two declarations
`in this proceeding; is that correct?
` A I believe that's correct.
` Q Okay. And I'll refer to Exhibit 2015, which is
`titled, Second Declaration William P. Alberth, Junior; is
`that fair?
` A Fine.
` Q Okay. How much time did you spend preparing this
`second declaration?
` A I don't know exactly how many hours I spent.
` Q Okay. Did you personally draft the declaration?
` MR. HENDIFAR: Objection; form.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 13
` THE WITNESS: I jointly drafted it with a lawyer.
`BY MR. TANG:
` Q Okay. So which portions did you draft then?
` MR. HENDIFAR: Objection; form.
` THE WITNESS: I don't understand the question.
`BY MR. TANG:
` Q Sure. You said you joined -- or you drafted it
`jointly with an attorney; is that correct?
` A Right.
` Q Which portions did you draft then?
` A I'm not sure how to answer the question. We both
`worked on drafting the declaration.
` Q Okay. So there weren't specific segments that
`you had drafted?
` A Correct.
` Q Okay. So did you actually type the words in the
`declaration?
` A I typed some of the words in the declaration.
` Q Do you recall which section that you typed?
` A I definitely typed my background and some of the
`other arguments, I think I typed some of the words.
` Q Okay. Some of the arguments too you said?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 14
`
` A Right.
` Q Okay. In preparing your declaration did you
`speak to anyone other than your attorneys?
` A Not that I recall.
` Q Okay. So you said you worked with some attorneys
`in drafting that declaration, right?
` A Correct.
` Q Were those your IPR attorneys?
` A Yeah, I don't know that.
` Q Okay. You're aware that there's litigation
`involving this patent, right?
` A My understanding is there's litigation involved
`as well, yes.
` Q Okay. Did you speak to any litigation attorneys
`when drafting your declaration?
` A I... don't -- yeah, I don't recall.
` Q Did you talk to any litigation attorneys when
`preparing for this deposition?
` A Good question. I am not sure which lawyers were
`litigation and which lawyers were IPR. So I'm not sure.
` Q So how many lawyers did you talk to in preparing
`for the deposition?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 15
`
` A In preparing for the deposition?
` Q That's right.
` A One.
` Q And that was Chris, you said?
` A No. In preparing for the deposition, just
`Parham.
` MR. HENDIFAR: I take offense. It's fine.
`BY MR. TANG:
` Q Okay.
` MR. HENDIFAR: I'll make a note of that --
` MR. TANG: You don't want to be associated with Chris.
` MR. HENDIFAR: I take offense. I'm sitting here, and
`the only person he talked to was Chris.
`BY MR. TANG:
` Q Okay. And you talked to them about the testimony
`you're about to give during this deposition; is that
`right?
` A I talked to him about the deposition.
` Q Okay. Okay. Well, I'd like to introduce your
`second declaration here as Deposition Exhibit 1. I see
`that you have a copy. I can give one to the court
`reporter as well.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 16
`
` (Whereupon Deposition Exhibit 1 was
` marked for identification.)
` MR. TANG: Would you like a copy?
` MR. HENDIFAR: I'm good, thank you.
`BY MR. TANG:
` Q Okay. All right. All right. So, Mr. Alberth,
`now you have a document labeled, Exhibit 2015, and that is
`titled, Second Declaration of William P. Alberth, Junior.
`Do you see that?
` A Yes.
` Q Okay. Can you flip to the final page of that
`document. And can you confirm that that's your signature
`on the final page?
` A That is my electronic signature.
` Q Okay. So this declaration that you have in front
`of you, this contains your true and correct opinions as
`they pertain to the '941 patent; is that fair?
` A Correct.
` Q And sitting here today are you aware of any
`corrections that need to be made to this document?
` A There might be a typo, but not that I can recall.
` Q Okay. All right. So I'd like to introduce this
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 17
`
`as Exhibit 2. This is Mr. Alberth's CV.
` (Whereupon Deposition Exhibit 2 was
` marked for identification.)
`BY MR. TANG:
` Q Okay. So this is Deposition Exhibit 2. Which is
`also Exhibit 2002 in this proceeding. Do you recognize
`this document?
` A Yes.
` Q Okay. And what is this document?
` A This is my résumé.
` Q Okay. So I want to turn to page 1 here.
` A Of which document?
` Q Of Exhibit 2002, your résumé.
` A Okay.
` Q All right. And so on the first page here, in the
`middle, you list a few standard communication protocols
`that you're experienced with, do you see that?
` A Yes.
` Q Okay. And some of these include LTE, Bluetooth,
`Wi-Fi, among other protocols; is that accurate?
` A Correct.
` Q Okay. And so you don't list WiMAX on here; is
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 18
`
`that right?
` A Correct.
` Q Do you have any experience with the WiMAX
`standard?
` A Some.
` Q What level experience do you have?
` A I've reviewed the WiMAX standard for a couple of
`people, I've done some patent charting against WiMAX over
`the years.
` Q Okay. So in the -- oh, sorry, go ahead.
` A Sorry, we did some support work for the standards
`groups that were submitting to WiMAX.
` Q Okay. So I guess just to break that down, you
`were experienced with the WiMAX standard in the patent
`context. Is that what you're saying?
` A I'm experienced with the WiMAX standard just in
`general. I don't know understand what the patent context
`means.
` Q Sure, you mentioned charting. Are you talking
`about patents there?
` A Yes.
` Q Okay. So in the patent context, you're familiar
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 19
`
`with the WiMAX standard?
` A I'm not sure what patent context means.
` Q You examined patents and compared them to the
`WiMAX standard; is that accurate?
` A I looked at the WiMAX standard and determined how
`it worked and compared that to a patent.
` Q Okay. Do you have any research and development
`experience with the WiMAX standard?
` A Some.
` Q Okay. And you mentioned... and you did some
`support work for standards groups.
` A Correct.
` Q What was that work?
` A We were evaluating the effect of the WiMAX
`waveform on (indecipherable utterance) transmitters and
`current drain of products.
` THE STENOGRAPHIC REPORTER: I'm sorry, waveform and
`what?
` THE WITNESS: Sorry, we were evaluating the effect of
`the WiMAX waveform on transmitters and current drain of
`the products.
` THE STENOGRAPHIC REPORTER: Current drain?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 20
`
` THE WITNESS: Current drain.
` THE STENOGRAPHIC REPORTER: Drain of the products.
` THE WITNESS: Right.
` THE STENOGRAPHIC REPORTER: Thank you.
` THE WITNESS: Battery life.
`BY MR. TANG:
` Q Okay. And where did you do that work?
` A At Motorola.
` Q About what year was that?
` A 2003, 2004. Somewhere in that area.
` Q So was Motorola considering whether to
`incorporate the WiMAX standard at that point?
` MR. HENDIFAR: I just caution the witness to the
`extent there are any relevant confidential information.
`We don't represent Motorola, so it's up to you to assess
`to what extent whether or not to expose, you know, the
`confidential information.
` THE WITNESS: It was broadly known that Motorola was
`heavily participating in the WiMAX standards.
`
`BY MR. TANG:
` Q Okay. And they were participating in developing
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 21
`
`the standard you're saying?
` A Correct.
` Q Were you also participating in the development of
`the standard then?
` A I was supporting people who were actually
`attending the standards meetings.
` Q Okay. Okay. So I'd like to learn a little bit
`more about your time at Motorola. So I'd like to turn to
`page 3 of your CV. Okay. And I believe it says here you
`started working at Motorola in 1987; is that accurate?
` A That's accurate.
` Q Okay. What were you working on at that time?
` A Developing a transmitter for a (indecipherable
`utterance) TZ-803 mobile --
` THE STENOGRAPHIC REPORTER: I'm sorry, for a what?
` THE WITNESS: Developing a transmitter for a TZ-803
`mobile device.
`BY MR. TANG:
` Q And were those cellular devices?
` A Yes.
` Q Were they wireless cell phones?
` A Yes.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 22
`
` Q Did these use OFDM at this point?
` A No.
` Q Okay. All right. And your CV here also says
`that you developed a CDMA chipset; is that right?
` A Yes.
` Q What was that product?
` A That was a chipset that I was one of the key
`architects for that supported CDMA 2000, CDMA 1X, and some
`other standards.
` Q And how did that product operate?
` A Very well.
` Q Can you tell me the technical details related to
`that product?
` A Yes.
` Q And what were those?
` A Okay. It consisted of a front-end IC that
`supported diversity and multiple bands and had switch gain
`associated with it and multiple modes for current drain.
`It included a receiver back-end IC that was 0IF and
`supported multiple standards and intended combined
`diversity. And it included a transmit IC that also
`supported multiple standards and supported the dynamic
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 23
`
`range appropriate for diversity.
` We incorporated that with available power
`amplifiers and filters. We also designed a baseband IC
`that supported CDMA 2000 analogue standards and a few
`other standards. And we also included sigma delta A to
`Ds --
` THE STENOGRAPHIC REPORTER: I'm sorry, you said sigma
`delta?
` THE WITNESS: Sigma delta A to Ds on the baseband IC.
` THE STENOGRAPHIC REPORTER: You said, I'm sorry, ATDs?
` THE WITNESS: A to Ds.
` THE STENOGRAPHIC REPORTER: A to Ds.
` THE WITNESS: Yep.
` Analogue digital converters on the baseband IC.
`Which was putting that particular process into CMOS, and
`it was fairly state of the art and also got me two trips
`to Israel to go work with the designers. And we also
`defined the baseband IC or the power supply IC which
`included all of the audio processing.
` We defined which memories were going to go with
`the IC, designed all the parts, fabbed them, put them into
`a product, debugged it, shipped product.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 24
` THE STENOGRAPHIC REPORTER: You said fed them, put
`them into a product?
` THE WITNESS: Fabbed.
` THE STENOGRAPHIC REPORTER: Fabbed, thank you.
` THE WITNESS: Fabricated them. Put them into
`products. Designed boards. How much more detail do you
`want?
`BY MR. TANG:
` Q I didn't want to interrupt.
` A Okay.
` Q Okay. So in all that you detailed there, did you
`use any OFDM in that product?
` A No, there's no OFDM in CDMA.
` Q Okay. So you're saying before 2004, you didn't
`work on any OFDM systems; is that accurate?
` MR. HENDIFAR: Objection; form.
` THE WITNESS: No.
`BY MR. TANG:
` Q Did you work on OFDM systems before 2004?
` A We had some involvement with Wi-Fi around that
`time frame, and Wi-Fi was an OFDM system.
` Q And where is that in your résumé?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 25
` A I don't know. I'm not sure if it is or is not in
`my résumé. Wi-Fi was listed on the front page.
` Q Okay. And you're saying that you worked in Wi-Fi
`technology before 2004?
` A Yes.
` Q Did you work with Wi-Fi in mobile devices before
`2004?
` A I can't recall.
` Q Do you recall if it was Wi-Fi to laptops?
` A We were definitely -- I was definitely aware of
`Wi-Fi in laptops and aware of and had worked with standard
`for laptops. Whether or not Wi-Fi was in handsets at that
`time, I'd have to investigate.
` Q Okay. But you don't recall working on a handset
`that could communicate via Wi-Fi; is that accurate?
` A I recall we were working on a handset that
`incorporated Wi-Fi. I don't recall if it was in 2004 or a
`year or two later.
` Q Okay. What other OFDM experience do you have in
`your résumé here?
` A LTE.
` Q Okay. Did you work directly with LTE?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 26
`
` A Yes.
` Q At Motorola?
` A Yes.
` Q And in what year did you start to see OFDM being
`implemented into mobile devices?
` MR. HENDIFAR: Objection; form.
` THE WITNESS: OFDM includes Wi-Fi that was going into
`products shortly after 2004 at least in some limited
`basis. At least going into handsets sometime after 2004.
`BY MR. TANG:
` Q But I think you said that you worked on OFDM
`prior to 2004, right?
` A Yes.
` Q With respect to mobile devices as well?
` A Doesn't mean we were shipping product.
` Q Sure, that's fair.
` Are you aware if you shipped any products before
`2004 that had OFDM in them?
` A I'm not sure.
` Q Okay. And you don't remember whether or not you
`worked on any products that had OFDM in them before 2004?
` A Correct.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 27
`
` Q Are you familiar with the Motorola Razr?
` A Yes.
` Q Are you familiar with Motorola Razr V3?
` A No. Well, I'm familiar with the Razr. And there
`were hundreds of versions of the Razr. I'm not
`necessarily sure which version V3 is.
` Q Do you remember when the first Motorola Razr was
`released?
` A No.
` Q Do you think that was before or after 2004?
` A Yeah, I'm not sure.
` Q Do you know if the Razr used OFDM?
` A I'd have to investigate. I can't remember which
`product that was or which standards were or were not
`included in it.
` Q Could the Razr communicate via Wi-Fi?
` MR. HENDIFAR: Objection; form.
` THE WITNESS: I think by the time Razr came out, Wi-Fi
`would have been included, but that's a -- that's a guess
`I'd want to go check. We shipped a lot of products over
`the 25 years I was there. I don't remember exactly which
`version supported what.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 28
`
`BY MR. TANG:
` Q Okay. So in your time at Motorola, did you ever
`work on systems that grouped subcarriers together for
`resource allocation?
` A Subcarriers... resource allocation... that sounds
`like that would describe at least LTE, and I did work on
`LTE products.
` Q Did you work on LTE products before 2004?
` A No.
` Q What benefit would there be to grouping
`subcarriers together for resource allocation?
` MR. HENDIFAR: Objection; form and scope.
` THE WITNESS: Grouping subcarriers together for
`resource allocation would be one method of scheduling
`resources for devices in an OFDM system.
`BY MR. TANG:
` Q Is that assignment an efficient way to assign
`subcarriers?
` MR. HENDIFAR: Objection; form and scope.
` THE WITNESS: I think that's part of the entire
`scheduling process. We would need to know the entire
`scheduling process to understand whether or not it was
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 29
`efficient or not and also understand what does efficient
`mean.
`BY MR. TANG:
` Q Okay. Well, like you said, LTE used that
`configuration; is that right?
` A LTE uses OFDM.
` Q Does LTE group subcarriers together?
` A And LTE groups subcarriers together for
`allocations.
` Q So why was that technique implemented in LTE?
` MR. HENDIFAR: Objection; form, scope, and
`(indecipherable utterance) foundation.
` THE STENOGRAPHIC REPORTER: I'm sorry, what was that
`after scope?
` MR. HENDIFAR: Form, scope and foundation.
` THE STENOGRAPHIC REPORTER: Thank you.
` THE WITNESS: Because that's the way the standards
`group decided to do allocations in LTE.
`BY MR. TANG:
` Q So the standards group weighed several different
`techniques and then decided to go with that one, is what
`you're saying?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 30
` MR. HENDIFAR: Objection; form, scope, and foundation.
` THE WITNESS: I wasn't privy to all of the
`machinations of the standards groups when they were
`determining how to do scheduling.
`BY MR. TANG:
` Q Okay. I do want to turn back to your CV, and I
`do want to talk about the CDMA chipset a little more.
` A Sure.
` Q So it says here that you helped design this
`chipset; is that right?
` A Correct.
` Q So when designing this chipset, did you consider
`how to allocate subcarriers?
` MR. HENDIFAR: Objection; form.
` THE WITNESS: It was a CDMA chipset. I'm not sure
`that subcarriers necessarily is an applicable term to
`CDMA.
`BY MR. TANG:
` Q Did you work on any systems where you had to
`consider how to assign subcarrier?
` MR. HENDIFAR: Objection; form.
` THE WITNESS: What do you mean by subcarrier?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`10/19/2023
`
`Volkswagen Group of America, Inc. v. Neo Wireless, LLC
`
`William Alberth
`
`Page 31
`
`BY MR. TANG:
` Q Do you understand the term subcarrier?
` A In