10/19/2023
`
`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
`
`
`
`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
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
