UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.
`Petitioner
`
`v.
`
`NEO WIRELESS, LLC
`Patent Owner
`___________________
`
`Case IPR2022-01539
`U.S. Patent No. 10,965,512
`___________________
`
`DECLARATION OF DR. PAUL MIN IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 10,965,512
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`VWGoA EX1003
`U.S. Patent No. 10,965,512
`
`

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`B.
`
`C.
`
`
`I.
`INTRODUCTION ....................................................................................... 1
`GROUNDS OF UNPATENTABILITY ....................................................... 2
`II.
`III. QUALIFICATIONS .................................................................................... 3
`IV. MATERIALS CONSIDERED ..................................................................... 7
`V.
`LEGAL UNDERSTANDING...................................................................... 9
`A. My Understanding of Claim Construction.......................................... 9
`B. My Understanding of Obviousness ...................................................10
`C.
`A Person of Ordinary Skill in the Art ................................................12
`VI. OVERVIEW OF THE ’512 PATENT ........................................................13
`VII. TECHNOLOGY OVERVIEW ...................................................................16
`A.
`Cellular systems implemented OFDM and OFDMA for providing
`downlink signals ...............................................................................17
`OFDM/OFDMA cellular systems implemented pilot signals for
`channel estimation and data recovery ................................................22
`OFDM/OFDMA systems implemented multiple types of pilot
`symbols .............................................................................................25
`Cellular systems routinely implemented beamforming for transmitting
`downlink signals ...............................................................................26
`VIII. PROSECUTION HISTORY SUMMARY ..................................................27
`IX. LEVEL OF ORDINARY SKILL IN THE ART .........................................27
`X.
`CLAIM CONSTRUCTION ........................................................................28
`XI. OVERVIEW OF THE PRIOR-ART ...........................................................28
`A. Kim ...................................................................................................28
`B.
`Ketchum ...........................................................................................35
`C.
`Tong .................................................................................................38
`D.
`Li ......................................................................................................39
`E.
`Smee .................................................................................................40
`XII. GROUND 1: THE COMBINATION OF KIM AND TONG TEACHES
`CLAIMS 1-30. ............................................................................................42
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`D.
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`TABLE OF CONTENTS
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`A. A POSA would have been motivated to combine Kim and Tong ......42
`A POSA would have been motivated to implement
`
`beamforming in Kim’s base station, as taught by Tong. ..........42
`A POSA would have been motivated to use Kim’s pilots for
`channel estimation, and to recover the transmitted data, as
`taught by Tong. .......................................................................46
`Independent Claim 1. ........................................................................50
`[1.P]: An orthogonal frequency division multiple access
`
`(OFDMA)-compatible base station that uses subcarriers in a
`frequency domain and time slots in a time domain, the
`OFDMA-compatible base station comprising: ........................51
`[1.1] a plurality of antennas; and a transmitter operably coupled
`to the plurality of antennas; .....................................................52
`[1.2] the transmitter configured to: insert first pilots of a first
`type onto a first plurality of subcarriers, wherein the first pilots
`are cell-specific pilots; and......................................................53
`[1.3] insert data and second pilots of a second type onto a
`second plurality of subcarriers; ...............................................57
`[1.4] wherein at least some subcarriers of the first plurality of
`subcarriers or the second plurality of subcarriers are beam-
`formed; and .............................................................................61
`[1.5] the plurality of antennas configured to transmit the first
`plurality of subcarriers and the second plurality of subcarriers in
`at least one of the time slots; ...................................................63
`[1.6] wherein the second type is different than the first type and
`wherein the first pilots do not interfere with the second pilots.66
`Independent Claim 8 .........................................................................67
`[8.P] A method performed by an orthogonal frequency division
`
`multiple access (OFDMA)-compatible base station that uses
`subcarriers in a frequency domain and time slots in a time
`domain, the method comprising: .............................................67
`[8.1] inserting, by the OFDMA-compatible base station, first
`pilots of a first type onto a first plurality of subcarriers, wherein
`the first pilots are cell-specific pilots;......................................67
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`U.S. Patent No. 10,965,512
`[8.2] inserting, by the OFDMA-compatible base station, data
`and second pilots of a second type onto a second plurality of
`subcarriers; .............................................................................67
`[8.3] wherein at least some subcarriers of the first plurality of
`subcarriers or the second plurality of subcarriers are beam-
`formed; and .............................................................................68
`[8.4] transmitting, by the OFDMA-compatible base station, the
`first plurality of subcarriers and the second plurality of
`subcarriers in at least one of the time slots using a plurality of
`antennas; .................................................................................68
`[8.5] wherein the second type is different than the first type and
`wherein the first pilots do not interfere with the second pilots.68
`Independent Claim 15 .......................................................................68
`[15.P] An orthogonal frequency division multiple access
`
`(OFDMA)-compatible mobile station that uses subcarriers in a
`frequency domain and time slots in a time domain, the
`OFDMA-compatible mobile station comprising: ....................68
`[15.1] at least one antenna; and a receiver; and .......................69
`[15.2] the at least one antenna and the receiver are configured
`to: receive first pilots of a first type on a first plurality of
`subcarriers, wherein the first pilots are cell-specific pilots; and
`................................................................................................70
`[15.3] receive second pilots of a second type and data on a
`second plurality of subcarriers, wherein the first plurality of
`subcarriers and the second plurality of subcarriers are received
`in at least one of the time slots; ...............................................71
`[15.4] wherein at least some subcarriers of the first plurality of
`subcarriers or the second plurality of subcarriers are beam-
`formed; and .............................................................................71
`[15.5] the receiver is further configured to: recover the data
`using channel estimates from at least the second pilots; and ...72
`[15.6] recover cell-specific information using the cell-specific
`pilots; ......................................................................................75
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`[15.7] wherein the second type is different than the first type
`and wherein the first pilots do not interfere with the second
`pilots. ......................................................................................75
`Independent Claim 23 .......................................................................75
`[23.P] A method performed by an orthogonal frequency
`
`division multiple access (OFDMA)-compatible mobile station
`that uses subcarriers in a frequency domain and time slots in a
`time domain, the method comprising: .....................................76
`[23.1] receiving first pilots of a first type on a first plurality of
`subcarriers, wherein the first pilots are cell-specific pilots; .....76
`[23.2] receiving second pilots of a second type and data on a
`second plurality of subcarriers, wherein the first plurality of
`subcarriers and the second plurality of subcarriers are received
`in at least one of the time slots; ...............................................76
`[23.3] wherein at least some subcarriers of the first plurality of
`subcarriers or the second plurality of subcarriers are beam-
`formed; ...................................................................................76
`[23.4] recovering the data using channel estimates from at least
`the second pilots; and ..............................................................76
`[23.5] recovering cell-specific information using the cell-
`specific pilots; .........................................................................77
`[23.6] wherein the second type is different than the first type
`and wherein the first pilots do not interfere with the second
`pilots. ......................................................................................77
`Claims 2, 9, 16, and 24 .....................................................................77
`F.
`Claims 3, 10, 17, and 25....................................................................78
`G.
`Claims 4, 11, 18, and 26....................................................................80
`H.
`Claims 5, 12, 21, and 29....................................................................81
`I.
`Claims 6, 13, 20, and 28....................................................................82
`J.
`Claims 7 and 14 ................................................................................82
`K.
`Claims 19 and 27 ..............................................................................83
`L.
`M. Claims 22 and 30 ..............................................................................84
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`XIII. GROUND 2: THE COMBINATION OF KETCHUM AND LI TEACHES
`CLAIMS 1, 3, 4, 6-8, 10, 11, 13-15, 17, 18, 20, 22, 23, 25, 26, 28, AND 30
`....................................................................................................................84
`A. A POSA would have been motivated to combine Ketchum and Li ...84
`B.
`Independent Claim 1. ........................................................................88
`[1.P]: An orthogonal frequency division multiple access
`
`(OFDMA)-compatible base station that uses subcarriers in a
`frequency domain and time slots in a time domain, the
`OFDMA-compatible base station comprising: ........................88
`[1.1] a plurality of antennas; and a transmitter operably coupled
`to the plurality of antennas; .....................................................91
`[1.2] the transmitter configured to: insert first pilots of a first
`type onto a first plurality of subcarriers, wherein the first pilots
`are cell-specific pilots; and......................................................92
`[1.3] insert data and second pilots of a second type onto a
`second plurality of subcarriers; ...............................................97
`[1.4] wherein at least some subcarriers of the first plurality of
`subcarriers or the second plurality of subcarriers are beam-
`formed; and ........................................................................... 101
`[1.5] the plurality of antennas configured to transmit the first
`plurality of subcarriers and the second plurality of subcarriers in
`at least one of the time slots; ................................................. 101
`[1.6] wherein the second type is different than the first type and
`wherein the first pilots do not interfere with the second pilots.
`.............................................................................................. 102
`Independent Claim 8 ....................................................................... 104
`[8.P] A method performed by an orthogonal frequency division
`
`multiple access (OFDMA)-compatible base station that uses
`subcarriers in a frequency domain and time slots in a time
`domain, the method comprising: ........................................... 104
`[8.1] inserting, by the OFDMA-compatible base station, first
`pilots of a first type onto a first plurality of subcarriers, wherein
`the first pilots are cell-specific pilots;.................................... 105
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`U.S. Patent No. 10,965,512
`[8.2] inserting, by the OFDMA-compatible base station, data
`and second pilots of a second type onto a second plurality of
`subcarriers; ........................................................................... 105
`[8.3] wherein at least some subcarriers of the first plurality of
`subcarriers or the second plurality of subcarriers are beam-
`formed; and ........................................................................... 105
`[8.4] transmitting, by the OFDMA-compatible base station, the
`first plurality of subcarriers and the second plurality of
`subcarriers in at least one of the time slots using a plurality of
`antennas; ............................................................................... 105
`[8.5] wherein the second type is different than the first type and
`wherein the first pilots do not interfere with the second pilots.
`.............................................................................................. 105
`Independent Claim 15 ..................................................................... 106
`[15.P] An orthogonal frequency division multiple access
`
`(OFDMA)-compatible mobile station that uses subcarriers in a
`frequency domain and time slots in a time domain, the
`OFDMA-compatible mobile station comprising: .................. 106
`[15.1] at least one antenna; and a receiver; and ..................... 107
`[15.2] the at least one antenna and the receiver are configured
`to: receive first pilots of a first type on a first plurality of
`subcarriers, wherein the first pilots are cell-specific pilots; and
`.............................................................................................. 108
`[15.3] receive second pilots of a second type and data on a
`second plurality of subcarriers, wherein the first plurality of
`subcarriers and the second plurality of subcarriers are received
`in at least one of the time slots; ............................................. 108
`[15.4] wherein at least some subcarriers of the first plurality of
`subcarriers or the second plurality of subcarriers are beam-
`formed; and ........................................................................... 109
`[15.5] the receiver is further configured to: recover the data
`using channel estimates from at least the second pilots; and . 109
`[15.6] recover cell-specific information using the cell-specific
`pilots; .................................................................................... 109
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`[15.7] wherein the second type is different than the first type
`and wherein the first pilots do not interfere with the second
`pilots. .................................................................................... 110
`Independent Claim 23 ..................................................................... 110
`[23.P] A method performed by an orthogonal frequency
`
`division multiple access (OFDMA)-compatible mobile station
`that uses subcarriers in a frequency domain and time slots in a
`time domain, the method comprising: ................................... 110
`[23.1] receiving first pilots of a first type on a first plurality of
`subcarriers, wherein the first pilots are cell-specific pilots; ... 110
`[23.2] receiving second pilots of a second type and data on a
`second plurality of subcarriers, wherein the first plurality of
`subcarriers and the second plurality of subcarriers are received
`in at least one of the time slots; ............................................. 111
`[23.3] wherein at least some subcarriers of the first plurality of
`subcarriers or the second plurality of subcarriers are beam-
`formed; ................................................................................. 111
`[23.4] recovering the data using channel estimates from at least
`the second pilots; and ............................................................ 111
`[23.5] recovering cell-specific information using the cell-
`specific pilots; ....................................................................... 111
`[23.6] wherein the second type is different than the first type
`and wherein the first pilots do not interfere with the second
`pilots. .................................................................................... 111
`Claims 3, 10, 17, and 25.................................................................. 111
`F.
`Claims 4, 11, 18, and 26.................................................................. 113
`G.
`Claims 6, 13, 20, and 28.................................................................. 114
`H.
`Claims 7 and 14 .............................................................................. 114
`I.
`Claims 22 and 30 ............................................................................ 115
`J.
`XIV. GROUND 3: THE COMBINATION OF KETCHUM, LI, AND SMEE
`TEACHES CLAIMS 5, 12, 21, AND 29................................................... 116
`XV. CONCLUSION ........................................................................................ 122
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`
`I, Dr. Paul Min, declare as follows:
`
`I.
`
`INTRODUCTION
`I have been retained by Sterne, Kessler, Goldstein & Fox P.L.L.C. on
`
`
`behalf of Volkswagen Group of America, Inc. (“VWGoA” and/or “Petitioner”) for
`
`the above-captioned inter partes review proceeding. I understand that this
`
`proceeding involves U.S. Patent No. 10,965,512 (“the ’512 patent”), titled
`
`“Method and Apparatus Using Cell-Specific and Common Pilot Subcarriers in
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`Multi-Carrier, Multi-Cell Wireless Communication Networks,” and that the ’512
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`patent is currently assigned to Neo Wireless LLC (“Patent Owner”).
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`
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`Specifically, I have been retained as a technical expert by VWGoA to
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`study and provide my opinions on the technology claimed in, and the patentability
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`or unpatentability of, claims 1-30 of the ’512 patent (“the challenged claims”).
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`This declaration is directed to the challenged claims of the ’512 patent, and sets
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`forth the opinions I have formed, the conclusions I have reached, and the bases for
`
`each. For purposes of this declaration, I was not asked to provide any opinions that
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`are not expressed herein.
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`
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`I am familiar with the technology described in the ’512 patent as of its
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`earliest possible priority date of January 29, 2004. I have been asked to provide my
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`technical review, analysis, insights, and opinions regarding the ’512 patent. I have
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`used this experience and insight along with the above-noted references as the basis
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`for the grounds of unpatentability set forth in the Petition for inter partes review of
`
`the ’512 patent.
`
`
`
`I have reviewed and am familiar with the specification of the ’512
`
`patent issued on March 30, 2021. I understand that the ’512 patent has been
`
`provided as EX1001. I will cite to the specification using the following formats:
`
`EX1001, ’512 patent, 1:1-10 (long form) and EX1001, 1:1-10 (short form). These
`
`example citations both point to the ’512 patent specification at column 1, lines 1-
`
`10.
`
`
`
`I am being compensated by VWGoA at my standard hourly rate of
`
`$400 for the time I spend in connection with this proceeding. My compensation is
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`not dependent in any way on the substance of my opinions or in the outcome of
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`this proceeding.
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`
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`I am over 18 years of age. I have personal knowledge of the facts
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`stated in this declaration and could testify competently to them if asked to do so.
`
`II. GROUNDS OF UNPATENTABILITY
`In forming my opinions about the ’512 patent, I have considered the
`
`
`following grounds of unpatentability. Based on my review of the prior art
`
`references that form the basis of these grounds, it is my opinion that claims 1-30 of
`
`the ’512 patent would have been obvious to a person of ordinary skill in the art
`
`(“POSA”) as of January 29, 2004.
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`Ground Basis Claims
`§ 103 1-30
`1.
`2.
`§ 103 1, 3, 4, 6-8, 10, 11, 13-15,
`17, 18, 20, 22, 23, 25, 26,
`28, and 30
`§ 103 5, 12, 21, and 29
`
`3.
`
`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`References
`Kim in view of Tong
`Ketchum in view of Li
`
`Ketchum in view of Li and further
`in view of Smee
`
`
`
`
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`I have been asked to consider how a POSA would have understood
`
`the challenged claims in light of the disclosures of the ’512 patent. I also have been
`
`asked to consider how a POSA would have understood the prior art references
`
`Kim, Tong, Ketchum, Li, and Smee.
`
`
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`Further, I have been asked to consider and provide my technical
`
`review, analysis, insights, and opinions regarding whether a POSA would have
`
`understood that the combinations of the prior art references listed in the table
`
`above render obvious claims 1-30 of the ’512 patent.
`
`III. QUALIFICATIONS
`In formulating my opinions, I have relied upon my training,
`
`
`knowledge, and experience in the relevant art. I have over 25 years of experience
`
`working with mobile and wireless communication systems. As detailed below, I
`
`have worked on many projects that are highly relevant to the subject matter of the
`
`’512 patent.
`
`
`
`I received a B.S. degree in Electrical Engineering in 1982, an M.S.
`
`degree in Electrical Engineering in 1984, and a Ph.D. degree in Electrical
`
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`Engineering in 1987 from the University of Michigan in Ann Arbor. I received
`
`several academic honors, including my B.S. degree with honors, a best graduate
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`student award and a best teaching assistant award during my M.S. study, and a best
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`paper award from a major international conference for reporting results from my
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`Ph.D. thesis.
`
` After receiving my Ph.D., I worked at Bellcore in New Jersey from
`
`August 1987 until August 1990. At Bellcore, I was responsible for evolving the
`
`public switched telephone network (PSTN) into a multi-services voice and data
`
`network that incorporated packet switches, optical technologies, and wireless
`
`technologies.
`
`
`
`In September 1990, I joined the faculty at Washington University in
`
`St. Louis. In July 1996, I was promoted to an Associate Professor of Electrical
`
`Engineering with tenure. I am currently a Senior Professor at Washington
`
`University of Electrical and Systems Engineering. I have also served as the Chair
`
`of the Graduate Curriculum (2000-2002) and the Chair of the Undergraduate
`
`Curriculum (2011-2014) for the Electrical and Systems Engineering department.
`
` At Washington University,
`
`I have conducted
`
`research
`
`in
`
`communication, computing, and related electronic hardware and software. I have
`
`received several grants from the U.S. Federal Agencies, including the National
`
`Science Foundation, the Defense Advanced Research Project Agency, the Air
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`Force Office of Scientific Research, and numerous contracts from companies and
`
`organizations around the world.
`
` As a faculty member at Washington University, I have taught a
`
`number of courses in electronics, communication, and computing at both the
`
`undergraduate and graduate levels. For example, I have taught electronic circuits
`
`(Washington University ESE 232), communication theory (Washington University
`
`ESE 471), transmission and multiplexing (Washington University ESE 571), and
`
`signaling and control of communication networks (Washington University ESE
`
`572). I have supervised numerous graduate students, many of whom received a
`
`doctoral degree under my guidance.
`
`
`
`In addition to my responsibilities as a university faculty member, I
`
`have founded two companies. In May 1997, I founded MinMax Technologies, Inc.,
`
`a fabless semiconductor company that developed switch fabric integrated circuit
`
`chips for the Internet.
`
`
`
`In March 1999, I founded Erlang Technology, Inc., a fabless
`
`semiconductor company that focused on the design and development of integrated
`
`circuit chips and software for the Internet. One of Erlang’s products received a best
`
`product of the year award in 2004 from a major trade journal for the electronics
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`industry. In these companies, I have designed a number of circuits and software
`
`applications.
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
` Outside my own start-up companies, I have also served in various
`
`technology and business advisor roles for other companies and organizations
`
`around the world. I was the main technical author for one of two winning proposals
`
`to the Korean government for CDMA wireless service licenses (1996). I was
`
`responsible for designing a commercial scale IS-95 CDMA cellular network,
`
`which I understand to be one of the earliest such networks deployed in the world. I
`
`worked with numerous engineers and scientists around the world to implement this
`
`commercial-scale cellular network before IS-95 CDMA was widely accepted. This
`
`provided me with extensive insight into various components of wireless cellular
`
`technologies in general and CDMA technology in particular, which extensively use
`
`various signaling techniques in beamforming precoding. I have also been involved
`
`in a semiconductor company that specializes in semiconductor memories, such as
`
`flash EEPROMs, as a board member and as a technical advisor (2007-2011).
`
`
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`I am a member of and have been actively involved in a number of
`
`professional organizations. For example, I have served as the Chair of the Saint
`
`Louis Section of the IEEE with more than 3,000 members (2014), and a member of
`
`the Eta Kappa Nu Honor Society for electrical engineers. I have also been an
`
`Ambassador of the McDonnell International Scholars Academy (2007-2013).
`
`
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`I am a named inventor on eleven U.S. patents. I have extensively
`
`published technical papers in international conferences and journals, technical
`
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`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`memoranda, and reports, and given a number of seminars and invited talks. I have
`
`organized several international conferences and served as an international journal
`
`editor.
`
` My curriculum vitae is provided as EX1029, which contains further
`
`details on my education, experience, publications, and other qualifications to
`
`render an expert opinion.
`
`IV. MATERIALS CONSIDERED
`In formulating my opinions, I have relied upon my training,
`
`
`knowledge, and experience that are relevant to the ’512 patent. I have also
`
`reviewed and am familiar with the following documents and materials in addition
`
`to any other documents cited in this declaration:
`
`Exhibit No.
`1001
`1002
`
`Description
`
`U.S. Patent No. 10,965,512 to Li et al. (“’512 patent”)
`
`’512 Patent Prosecution History
`
`1004
`
`1005
`
`1006
`
`1007
`1008
`
`International Patent Publication No. WO2004/049618 to Kim et al.
`(“Kim”)
`
`U.S. Patent No. 7,120,395 to Tong et al. (“Tong”)
`
`U.S. Patent Application Pub. No. 2004/0179627 to Ketchum et al.
`(“Ketchum”)
`
`U.S. Patent Application Pub. No. 2002/0163879 to Li et al. (“Li”)
`
`U.S. Patent No. 7,248,559 to Ma et al. (“Ma ’559”)
`
`
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`Exhibit No.
`
`Description
`
`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`
`1009
`
`1010
`1011
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`1020
`
`1021
`
`1022
`
`1023
`
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`Mobile Cellular Systems, IEEE 47th Vehicular Technology
`Conference (1997)
`
`U.S. Patent No. 7,826,471 to Wilson et al. (“Wilson”)
`
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`
`U.S. Patent No. 7,054,664 to Nagaraj (“Nagaraj”)
`
`International Patent Application No. WO 2004/056022 to Lee et
`al. (“Lee”)
`
`U.S. Patent No. 7,551,546 to Ma (“Ma ’546”)
`
`Anderson, Fixed Broadband Wireless System Design, Wiley
`(2003) (excerpts)
`
`U.S. Patent No. 7,852,746 to Jalali (“Jalali”).
`
`U.S. Patent Application Pub. No. 2004/0131007 to Smee et al.
`(“Smee”)
`
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`
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`(“Seki”).
`
`Li, “A Novel Broadband Wireless OFDMA Scheme for Downlink
`in Cellular Communications,” Samsung Advanced Institute of
`Technology (IEEE) (2003) (“Li-Samsung”)
`
`Hara et al., “Multicarrier Techniques for 4G Mobile
`Communications,” Artech House (2003) (excerpts) (“Hara”)
`
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`(“Chen”)
`
`Van Nee et al., “OFDM for Wireless Multimedia
`Communications,” Artech House (2000) (“Van Nee”) (excerpts)
`
`
`
`- 8 -
`
`

`

`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`
`Exhibit No.
`
`Description
`
`1024
`
`1025
`1026
`1027
`
`1028
`
`1029
`
`1030
`
`1031
`
`Bahai et al., “Multi-Carrier Communications Theory and
`Applications of OFDM,” Springer Science (2004) (excerpts)
`(“Bahai”)
`
`U.S. Patent No. 7,039,001 to Krishnan et al. (Krishnan”)
`
`U.S. Patent No. 6,992,621 to Casas et al. (“Casas”)
`
`U.S. Patent No. 5,596,329 to Searle et al. (“Searle”)
`
`U.S. Patent Application Pub. No. 2005/0075125 to Bada et al.
`(“Bada”).
`
`Curriculum Vitae of Dr. Paul Min
`
`U.S. Provisional Patent Application No. 60/421,309 to Walton et
`al. (“’309 Provisional”)
`
`U.S. Patent No. 7,012,882 to Wang et al. (“Wang”)
`
`
`To the best of my knowledge, the above-mentioned documents and materials are
`
`true and accurate copies of what they purport to be. An expert in the field would
`
`reasonably rely on them to formulate opinions such as those set forth in this
`
`declaration.
`
`V. LEGAL UNDERSTANDING
`I have also relied upon various legal principles (as explained to me by
`
`
`VWGoA’s counsel) in formulating my opinions. My understanding of these
`
`principles is summarized below.
`
`A. My Understanding of Claim Construction
`I understand that during an inter partes review proceeding, claims are
`
`
`
`
`- 9 -
`
`

`

`Declaration of Dr. Paul Min
`U.S. Patent No. 10,965,512
`to be construed in light of the specification as would be read by a person of
`
`ordinary skill in the relevant art at the time the application was filed. I understand
`
`that claim terms are given their ordinary and customary meaning as would be
`
`understood by a person of ordinary skill in the relevant art in the context of the
`
`entire disclosure. A claim term, however, will not receive its ordinary meaning if
`
`the patentee acted as his own lexicographer and clearly set forth a definition of the
`
`claim term in the specification. In this case, the claim term will receive the
`
`definition set forth in the patent.
`
`B. My Understanding of Obviousness
`I understand that a patent claim is invalid if the claimed invention
`
`
`would have been obvious to a POSA at the time the application was filed. This
`
`means that even if all of the requirements of the claim cannot be found in a single
`
`prior art reference that would anticipate the claim, the claim can still be invalid.
`
` To obtain a patent, a claimed invention must have, as of the priority
`
`dat