UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD,
`Petitioner,
`
`v.
`
`HEADWATER RESEARCH LLC,
`Patent Owner.
`
`U.S. Patent No. 9,615,192
`
`Case No. IPR2024-00010
`
`DECLARATION OF FRIEDHELM RODERMUND
`IN SUPPORT OF A PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 9,615,192
`
`SAMSUNG 1016
`
`1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD,
`Petitioner,
`
`v.
`
`HEADWATER RESEARCH LLC,
`Patent Owner.
`
`U.S. Patent No. 9,615,192
`
`Case No. IPR2024-00010
`
`DECLARATION OF FRIEDHELM RODERMUND
`IN SUPPORT OF A PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 9,615,192
`
`SAMSUNG 1016
`
`1
`
`
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`Declaration of Friedhelm Rodermund
`
`TABLE OF CONTENTS
`
`I.
`II.
`III.
`
`Page
`INTRODUCTION AND ENGAGEMENT ......................................... 1
`BACKGROUND AND QUALIFICATIONS ...................................... 3
`SUMMARY OF MY OPINIONS ........................................................ 7
`PUBLICATION OF 3GPP SPECIFICATIONS AND RELATED
`IV.
`DOCUMENTS ......................................................................................................... 8
`A.
`General Practices .................................................................................. 8
`B.
`TS 23.140 V6.9.0 ............................................................................... 19
`a)
`Authentication ............................................................... 19
`
`b)
`
`c)
`
`Publication by 3GPP and ETSI ..................................... 19
`
`Conclusion ..................................................................... 32
`
`PUBLICATION OF OMA SPECIFICATIONS AND RELATED
`V.
`DOCUMENTS ....................................................................................................... 33
`A.
`General Practices ................................................................................ 33
`OMA-ERELD-MMS-V1_2-20030923-C .......................................... 37
`OMA-WAP-MMS-ARCH-V1_1-20040715-A ................................. 40
`AVAILABILITY FOR CROSS-EXAMINATION ........................... 43
`Right To Supplement ......................................................................... 44
`Signature ............................................................................................ 44
`
`VI.
`
`B.
`C.
`
`A.
`B.
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`Declaration of Friedhelm Rodermund
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`I, Friedhelm Rodermund, do hereby declare as follows:
`
`I.
`
`INTRODUCTION AND ENGAGEMENT
`
`1.
`
`I have been retained in this matter by the Petitioner to provide testimony
`
`regarding the standard business practices of the 3rd Generation Partnership Project
`
`(“3GPP”) and the Open Mobile Alliance (“OMA”) for record keeping and
`
`publishing technical specifications, change request proposals, reports, and other
`
`documents developed during the course of standards activities carried out by 3GPP
`
`and the European Telecommunications Standards Institute (“ETSI”), and OMA.
`
`2.
`
`I have been asked to provide my opinions regarding the authenticity
`
`and dates of public accessibility of the following 3GPP document:
`
`• 3GPP TS 23.140 V6.9.0, which represents a 3GPP document with the tile
`
`“Technical Specification Group Services and System Aspects; Multimedia
`
`Messaging Service (MMS); Functional description; Stage 2 (Release 6))”
`
`(hereinafter “TS 23.140 V6.9.0”) (SAMSUNG-1005)
`
`3.
`
`Further, I have been asked to provide my opinions regarding the
`
`authenticity and dates of public accessibility of the following OMA documents:
`
`• OMA-ERELD-MMS-V1_2-20030923-C, which represents an OMA
`
`document with the title “Enabler Release Definition for MMS Version 1.2
`
`Candidate Version 23-September-2003.” (SAMSUNG-1012)
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`• OMA-WAP-MMS—ARCH-V1_1-20040715-A, which represents an
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`OMA document with
`
`the
`
`title “Multimedia Messaging Service
`
`Architecture Overview Approved Version 1.1 – 15 Jul 2004.”
`
`(SAMSUNG-1011)
`
`4.
`
`As an ETSI Project Manager and Secretary, from June 1998 to
`
`December 2004, I have personal knowledge of 3GPP’s standard business and
`
`records keeping practices. I continued following 3GPP’s work ever since. Thus,
`
`based on my experience, personal knowledge, and review of 3GPP’s business
`
`records, I am able to testify regarding the authenticity of any document published by
`
`3GPP and the timing of their publication.
`
`5.
`
`I am also knowledgeable about document management practices of
`
`OMA. This is due to the fact that I have been attending OMA meetings since 2004
`
`and continued to follow OMA’s work ever since. Thus, I’m able to testify regarding
`
`the availability and authenticity of any OMA document.
`
`6.
`
`I am being compensated for my time spent on this matter at my usual
`
`rate of €470 per hour. My fee is not contingent on the outcome of this or any matter,
`
`or on the content of any of the testimony I give in this declaration. I have no financial
`
`interest in the Petitioner.
`
`7.
`
`I have been informed that Headwater Research LLC (“Headwater” or
`
`“Patent Owner”)
`
`is
`
`the current assignee of U.S. Patent No. 9,615,192
`
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`(“the ’192 Patent”) (SAMSUNG-1001). I have no financial interest in the Patent
`
`Owner, the Petitioner, or the ’192 Patent.
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`8.
`
`I have more than 25 years of experience working with standards
`
`development organizations including 3GPP, ETSI, and OMA. I have particular
`
`experience with
`
`the development of
`
`standards
`
`related
`
`to
`
`cellular
`
`telecommunications,
`
`including
`
`the
`
`standards
`
`for
`
`the Universal Mobile
`
`Telecommunications System (“UMTS”), Long Term Evolution (“LTE”), and 5G,
`
`which are all standards developed by the 3GPP.
`
`9.
`
`I attended the University of Technology Aachen in Aachen, Germany,
`
`where I performed graduate studies in Electrical Engineering with a focus on
`
`telecommunications technologies (“Dipl.-Ing. TH” degree). I also attended the
`
`University of Technology Trondheim in Trondheim, Norway, and completed my
`
`Diploma thesis, “Design of a dual processor computer for digital signal processing
`
`in power electronics,” in 1993.
`
`10. From December 1993 to June 1998, I worked at Mannesmann
`
`Mobilfunk as a System Engineer and Project Manager in Quality Assurance and
`
`Technical Standards. One of my responsibilities was to ensure by managing and
`
`performing related test activities that cellular network equipment was compatible
`
`with the Global System for Mobile Communications (“GSM”) standard developed
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`by ETSI. During that time, I also started working as a standards delegate. I attended
`
`my first ETSI meeting in 1996 (although I was already following ETSI
`
`developments from 1992 during my studies).
`
`11. From June 1998 to December 2004, I worked at ETSI as a project
`
`manager for various ETSI Special Mobile Group (“SMG”) and 3GPP working
`
`groups. First, I served as a secretary of SMG4 “Data Services” and SMG8 “Base
`
`Stations Testing.” Then, as a project manager with the ETSI Mobile Competence
`
`Center (“MCC”), I supported establishing 3GPP as the new international standards
`
`development organization for cellular telecommunications. One of my roles was
`
`acting as Secretary for 3GPP’s Technical Specifications Group Terminals, Working
`
`Group (“T2”), the group which played a leading role in the creation of standards for
`
`Multimedia such as the Multimedia Messaging Service (“MMS”). Amongst other
`
`responsibilities, I was editor of TS 23.140 which is one of the documents addressed
`
`in this declaration.
`
`12.
`
`In 2003, in addition to my roles in 3GPP, I was a member of the GSMA
`
`MMS Task Force where I was supporting the creation of interoperability guidelines
`
`for the introduction of MMS in cellular networks and devices.
`
`13. During my time at ETSI, I acted also as the secretary of the highest-
`
`level Technical Specifications Group Terminals which was besides other things
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`responsible for the development of test specifications including tests for the radio
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`interface.
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`14.
`
`I edited all technical specifications produced by my working groups and
`
`presented results to the parent body for approval. I attended all meetings (apart from
`
`some sub-working group meetings) and was also responsible for compiling meeting
`
`reports, for handling all the meeting documents, and managing the work plan. It was
`
`also my role to guide the groups and to advise the chairmen regarding 3GPP working
`
`methods and procedures including document handling, and to make sure delegates
`
`were aware of their company’s obligations under the 3GPP Intellectual Property
`
`Rights policy.
`
`15. As part of my responsibilities at ETSI, I acted as a 3GPP custodian of
`
`records by personally managing 3GPP’s public File Transfer Protocol (ftp) folders,
`
`which I used to make publicly accessible various 3GPP documents, including
`
`versions of 3GPP specifications, technical reports, liaison statements, change
`
`requests, contributions, agendas, meeting reports, and other 3GPP documents from
`
`my working groups. I am also knowledgeable about document management
`
`practices used in other working groups and within 3GPP in general with regard to
`
`making documents publicly accessible through the same public ftp server of 3GPP.
`
`16. Since I left ETSI as a staff member in 2005, I have been continuously
`
`involved in standardization activities, including with OMA, ETSI, and 3GPP. Since
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`2017, I also have been attending the ETSI Intellectual Property Rights (“IPR”)
`
`Special Committee, which is responsible for the maintenance of the ETSI IPR
`
`Policy.
`
`17. After I left ETSI, I worked from January 2005 to October 2014 at
`
`Vodafone, first as a Project Manager for Mobile Broadcast Standards, and then as
`
`Vice Chairman of the Device Management working group of the OMA, and then as
`
`a Senior Standards Strategist, all with responsibilities as described on my curriculum
`
`vitae. At Vodafone, I was deeply involved in standards work with ETSI, 3GPP and
`
`OMA, including as a delegate to 3GPP SA1 “Services.” As part of my
`
`responsibilities, I attended 3GPP and OMA meetings, submitted documents to 3GPP
`
`and OMA, used 3GPP and OMA resources (including 3GPP’s and OMA’s document
`
`servers) extensively, and remained knowledgeable about 3GPP and OMA policies
`
`and procedures with regard to document management and public accessibility. At
`
`Vodafone, I was also involved in the creation of patents, defense activities related to
`
`patent litigations, and patent evaluation, mostly in the context of standards
`
`development.
`
`18. Since leaving Vodafone in 2014, I have performed consulting work
`
`regarding Internet of Things (IoT) and Machine to Machine (M2M) technology and
`
`standards, first at Friedhelm Rodermund Consulting and then as the Founder and
`
`Director of IOTECC GmbH. In connection with my work, I regularly deal with
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`standards such as OMA’s Lightweight M2M (LwM2M) and 3GPP’s LTE,
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`Narrowband IoT (NB-IoT) and 5G standards. And I have extensively used 3GPP
`
`resources and have remained knowledgeable about 3GPP policies and procedures
`
`with regard to document management and public accessibility.
`
`19.
`
`I also provide consulting services related to patents, in particular around
`
`3GPP Standard Essential Patents (“SEPs”), and I have worked as an expert witness
`
`on a number of occasions. I continue to closely follow the maintenance of the ETSI
`
`IPR Policy as a delegate to the ETSI IPR Special Committee. Furthermore, I am
`
`conducting a seminar on SEPs and the Internet of Things at the Technical University
`
`of Ilmenau, Germany.
`
`20. At the time of writing this declaration, I am following – including
`
`attending selected meetings – the following standards committees: ETSI oneM2M,
`
`ETSI IPR Special Committee, OMA, and 3GPP.
`
`21. A copy of my curriculum vitae, which includes a detailed description
`
`of my experience and education, is attached as Appendix A. A list of litigation
`
`matters on which I have worked over the last five years is also included in my
`
`curriculum vitae.
`
`
`
`III.
`
`SUMMARY OF MY OPINIONS
`
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`22.
`
`It is my opinion that SAMSUNG-1004 is an authentic copy of 3GPP
`
`specification TS 23.140 V6.9.0 that was uploaded and made publicly available via
`
`the 3GPP ftp server by April 4, 2005.
`
`23.
`
`It is my opinion that SAMSUNG-1012 is an authentic copy of OMA
`
`document OMA-ERELD-MMS-V1_2-20030923-C that was made available for
`
`download from the OMA website by June 12, 2004, at the latest.
`
`24.
`
`It is my opinion that SAMSUNG-1011 is an authentic copy of OMA
`
`specification OMA-WAP-MMS-ARCH-V1_1-20040715-A
`
`that was made
`
`available for download from the OMA website by September 29, 2004, at the latest.
`
`
`
`IV. PUBLICATION OF 3GPP SPECIFICATIONS AND RELATED
`
`DOCUMENTS
`
`A. General Practices
`
`25. Unless otherwise noted, the foregoing and following is an accurate
`
`description of 3GPP general practices from 1998 to the present, including in 2005,
`
`regardless of whether I use the present or past tense to describe those practices.
`
`26.
`
`3GPP was established in 1998 by a group of telecommunications
`
`standard development organizations from Japan, Korea, China, Europe, and the
`
`United States
`
`to
`
`jointly develop worldwide
`
`standards
`
`for mobile
`
`telecommunications. Today, 3GPP consists of seven partners: Association of Radio
`
`
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`Industries and Businesses, Japan (“ARIB”), Alliance for Telecommunications
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`Industry Solutions, USA (“ATIS”), China Communications Standards Association
`
`(“CCSA”), European Telecommunications Standards
`
`Institute
`
`(“ETSI”),
`
`Telecommunications Standards Development Society,
`
`India
`
`(“TSDSI”),
`
`Telecommunications
`
`Technology Association, Korea
`
`(“TTA”),
`
`and
`
`Telecommunication Technology Committee, Japan (“TTC”). In addition to being
`
`one of the founding partners, ETSI hosts the Mobile Competence Centre (“MCC”),
`
`which provides administrative and technical support for the day-to-day work of
`
`3GPP. Furthermore, ETSI manages 3GPP’s IT services such as the 3GPP website,
`
`ftp server, and email exploders.
`
`27.
`
`3GPP is the world’s leading organization for developing and
`
`maintaining cellular telecommunications standards, which it has done since it was
`
`founded in 1998. As noted above and in my curriculum vitae, I began working for
`
`3GPP, as part of my work at ETSI, the European-based organizational partner of
`
`3GPP.
`
`28.
`
`In the ordinary course of its regularly conducted business activities, and
`
`pursuant to its standard business practices, 3GPP publishes technical specifications,
`
`proposals, reports, and other documents related to the development of cellular
`
`telecommunications standards. Such documents are published for the purposes of
`
`discussion and establishment of industry standards for cellular telecommunications.
`
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`This has been 3GPP’s ordinary course of business since I began working at ETSI in
`
`1998.
`
`29.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, all draft technical
`
`specifications, proposals, reports, and other temporary documents to be discussed or
`
`considered in relation to 3GPP’s telecommunications standards activities were, and
`
`continue to be, assigned a temporary document number and made publicly available,
`
`including on the ftp server associated with the 3GPP website, currently residing at
`
`ftp.3gpp.org. Such documents are referred to as “T-docs.” Final versions of the
`
`technical specifications also were, and continue to be, publicly available on that
`
`same ftp server.
`
`30. The names and the structure of 3GPP working groups, as of 2005, can
`
`be
`
`found
`
`at
`
`https://web.archive.org/web/20050805030338/http://www.3gpp.org:80/tb/home.ht
`
`m (reproduced below and as Appendix B):
`
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`31. Each Technical Specification Group (TSG) or Working Group adopts
`
`a structured numbering system for the documents associated with their meetings,
`
`and those systems typically follow a consistent numbering system as shown in the
`
`following example: xminnzzzz. The numbering system normally comprises five
`
`logical elements: (1) x: a single letter corresponding to the TSG; wherein in
`
`2007/2008 x was one of R (Radio Access Network), C (Core and Terminals), S
`
`(Service and System Aspects), or G (GSM/EDGE Radio Access Network); (2) m: a
`
`single character corresponding to the Working Group identity (typically 1, 2, 3, etc.)
`
`or, in the case of the TSG itself, the letter “P”; (3) i: normally the hyphen character
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`“-”; (4) nn: the calendar year of the meeting to which the document was submitted;
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`and (5) zzzz: a running number (some working groups use 5 digits instead of 4).
`
`32.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, from December 1998
`
`onwards, 3GPP published all of its T-docs and all final versions of its technical
`
`specifications on its ftp server, which has always been easily and publicly accessible
`
`from its website and currently resides at ftp.3gpp.org.
`
`33. As early as December 1998, including in 2005, 3GPP’s ftp server was
`
`freely accessible to the general public with no login, password, or membership
`
`requirement.
`
`34. By 1999, at least 100 companies were members of 3GPP (843
`
`companies by August 2023), ranging from Bosch to Ericsson to Nokia to Samsung
`
`and generally including those interested in the discussion, creation, and adoption of
`
`cellular telecommunications standards, including UMTS. Each of these companies
`
`typically delegated multiple individuals to regularly participate in 3GPP meetings.
`
`Further, pursuant to 3GPP’s standard business practices, 3GPP working groups sent
`
`emails notifying these individuals as soon as new or additional documents had been
`
`uploaded to 3GPP’s ftp server. Thus, not only did the general public have access to
`
`the documents on the ftp server, but some of the interested members of the public—
`
`those working to develop standards for cellular telecommunication or working to
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`implement the standards—were personally informed of their availability by email.
`
`Based on my experience with 3GPP and the telecommunications industry, I would
`
`expect any person implementing a cellular network or device, e.g., an UMTS or LTE
`
`or 5G network or device - including any services defined by 3GPP such as MMS -
`
`to consult the corresponding specifications on the 3GPP ftp server, as well as other
`
`related documents. The purpose of 3GPP creating and making these documents
`
`available was so that engineers and other individuals would have ready access to
`
`them when developing and implementing cellular networks and devices.
`
`35. As early as June 1999, 3GPP’s ftp server was well-known to persons in
`
`the cellular telecommunications industry as a source of public information regarding
`
`industry standards and technological advances.
`
`36.
`
`3GPP specifications bear a specification number consisting of four or
`
`five digits, e.g., 09.02 or 29.002. The first two digits define the specification series
`
`which are defined to group the different aspects of the 3GPP system into, e.g.,
`
`requirements, service aspects, radio aspects codecs, security aspects, and test
`
`specifications. The series digits are followed by two additional digits for the 01 to
`
`13 series or three further digits for the 21 to 55 series. The subjects of the individual
`
`specification
`
`series
`
`are
`
`explained
`
`on
`
`3GPP’s
`
`website
`
`at
`
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`https://www.3gpp.org/specifications-technologies/specifications-by-series, and are
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`reproduced below1.
`
`
`1 Full website available as Appendix C.
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`37. Following a link for a series (e.g., “23 series” link) leads to a 3GPP web
`
`page providing access to all specifications in a series, as shown by the screenshot
`
`below2:
`
`
`
`38.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, 3GPP published and
`
`
`2 Full website available as Appendix D.
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`continues to publish all proposals, technical reports, technical specifications and
`
`other documents related to the development of cellular telecommunications
`
`standards to the 3GPP’s publicly available, unrestricted, online ftp server:
`
`http://www.3gpp.org/ftp/. Draft proposals, technical reports, technical
`
`specifications, change requests, and other documents (“Tdocs”) were assigned a
`
`document number (“Tdoc number”) and uploaded to 3GPP’s public ftp server
`
`before, during, and after meetings, making the documents publicly available. T-
`
`docs are usually uploaded to 3GPP’s ftp server and website before the meeting
`
`where they are to be discussed. Documents created or revised during the course of
`
`a meeting are normally uploaded at the latest during the week following the
`
`meeting (e.g., the meeting report of the meeting is usually published for review
`
`during the week following the meeting and for approval at the next working group
`
`meeting).
`
`39.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, 3GPP maintains archives
`
`that include different versions of the specifications, as well as email communications
`
`to its membership, including emails announcing the uploading of new or additional
`
`documents to 3GPP’s ftp server. These archives are created at the time the emails
`
`are initially sent.
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`40. The timestamp on 3GPP’s ftp server shows the date when the document
`
`was uploaded the last time. Thus, the timestamp shows the latest possible date the
`
`document became publicly available and accessible on 3GPP’s ftp server. The given
`
`document might have been available earlier and the original timestamp might have
`
`been overwritten because the document was uploaded again. According to my
`
`experience, this is something which happened occasionally. Thus, the ftp timestamp
`
`is reliable as the latest possible upload date but one cannot determine whether it
`
`represents the first upload of a document to the ftp server.
`
`41.
`
`3GPP’s working practice to store their documents on its ftp server, as
`
`described above, has not changed over time. Starting from the first 3GPP meetings
`
`in 1998 until present, all WGs and plenary meetings are represented by dedicated
`
`meeting folders on the ftp server. These meeting folders include the documents
`
`discussed at the meetings. Both the folders and the documents are accessible to the
`
`public. Almost every week, a new meeting folder with the respective documents is
`
`added. In addition to the plenary and WG meeting folders, and some other folders,
`
`there is also the “Specs” folder, which holds all 3GPP specifications including the
`
`aforementioned “snapshot” and archive folders. Since the early days of 3GPP, a new
`
`folder is added inside the “Specs” folder after each TSG plenary meeting, to hold
`
`the latest versions of specifications approved at those TSG plenary meetings. This is
`
`still 3GPP’s working practice today; thus, this practice has not changed over time.
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`42.
`
`3GPP maintains a set of publicly accessible documents3 providing
`
`further details on its way of working:
`
`• 3GPP Working Procedures
`
`• Vocabulary for 3GPP Specifications 3GPP TR 21.905
`
`• Working Methods 3GPP TR 21.900
`
`• Specification Drafting Rules 3GPP TR 21.801
`
`
`
`B.
`
`TS 23.140 V6.9.0
`
`a)
`
`Authentication
`
`43. SAMSUNG-1005 is a true and correct copy of 3GPP TS 23.140 V6.9.0,
`
`titled “Technical Specification Group Services and System Aspects; Multimedia
`
`Messaging Service (MMS); Functional description; Stage 2 (Release 6),” except that
`
`each page includes an exhibit label and page number on the bottom right corner
`
`added by counsel. I obtained SAMSUNG-1005 from 3GPP’s FTP server at the
`
`following location: https://www.3gpp.org/ftp/Specs/archive/23_series/23.1404.
`
`b)
`
`Publication by 3GPP and ETSI
`
`
`3 All available from https://www.3gpp.org/delegates-corner/3gpp-working-
`procedures
`4 Website available as Appendix E.
`
`
`
`19
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`21
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`Declaration of Friedhelm Rodermund
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`44. SAMSUNG-1005 shows on its cover page “2005-03” as the year
`
`(2005) and month (March) during which the document was released by 3GPP.
`
`45. SAMSUNG-1005 was uploaded to the 3GPP FTP server on April 4,
`
`2005, based on the upload date stamp shown on the historic 3GPP FTP server for
`
`the corresponding downloadable file (“23140-690.zip”), as maintained by the
`
`Internet Archive at
`
`https://web.archive.org/web/20050511003100/http://www.3gpp.org:80/ftp/Specs/A
`
`rchive/23_series/23.140/5. This information is also shown on the date stamp for the
`
`present-day listing of the same document on the 3GPP FTP server at
`
`
`
`https://www.3gpp.org/ftp/Specs/archive/23_series/23.140
`
`as
`
`shown
`
`in
`
`the
`
`screenshot below (listing date as “04.04.05”, or April 4, 2005):
`
`
`5 Website available as Appendix Q.
`
`20
`
`
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`22
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`Declaration of Friedhelm Rodermund
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`
`
`46. Experts in the field of determining the public availability of 3GPP
`
`documents would reasonably rely upon the FTP server upload date on the current
`
`3GPP FTP server as well as an archived version of the directory structure maintained
`
`by the Internet Archive to establish a date that a 3GPP document became available
`
`to the public via the 3GPP FTP server.
`
`47.
`
`In addition, metadata information for the downloaded and extracted T-
`
`doc file states a last Modified date of “4. April 2005,” as shown in the screenshot
`
`below:
`
`
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`21
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`23
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`Declaration of Friedhelm Rodermund
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`
`
`48. This last modified date is consistent with the April 4, 2005, upload
`
`date of the document and the typical practice among 3GPP staff to upload technical
`
`specifications shortly after creating them.
`
`49. This publication date is further confirmed by the publication history of
`
`TS 23.140 V6.9.0 in the ETSI copy of TS 23.140 named “ETSI TS 123 140”,
`
`
`
`22
`
`24
`
`
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`Declaration of Friedhelm Rodermund
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`which states that V6.9.0 was published in March 20056. March 2005 reflects the
`
`month the document was released by 3GPP and the upload to the ETSI website
`
`took place on April 27, 20057. This is a few weeks after the upload to the 3GPP ftp
`
`server as it is common practice that the ETSI versions of 3GPP specifications are
`
`uploaded a few weeks after the 3GPP specifications are uploaded.
`
`50.
`
`I believe that a person without prior knowledge of 3GPP and/or the
`
`technical specification (TS) number would have been able to also easily find the TS
`
`for download via internet search. For instance, a Google search for “multimedia
`
`messaging specification” provides the TS number “23.140” as one of the top results
`
`as can be seen in the screenshot below:
`
`
`
`6
`https://www.etsi.org/deliver/etsi_ts/123100_123199/123140/06.09.00_60/ts_123140v060
`
`900p.pdf
`7
`https://www.etsi.org/deliver/etsi_ts/123100_123199/123140/06.09.00_60/
`
`
`
`23
`
`25
`
`
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`Declaration of Friedhelm Rodermund
`
`51. Following the provided search result link “Specification # 23.140”
`
`leads to a 3GPP web page offering under the tab “Versions” download links to all
`
`versions of TS 23.140 including version 6.9.0, as shown by the screenshot below8 :
`
`
`
`
`
`
`
`
`
`
`
`
`8 Full website available as Appendix F.
`
`24
`
`
`
`26
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`
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`Declaration of Friedhelm Rodermund
`
`
`
`52. The above example search illustrates that it is very easy for an
`
`interested member of the public without prior knowledge of the TS number and even
`
`without prior knowledge of 3GPP to locate any version of TS 23.140, including
`
`version 6.9.0, for download.
`
`
`
`25
`
`27
`
`
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`Declaration of Friedhelm Rodermund
`
`53. The above search was performed at the time of writing this report.
`
`According to my personal experience, similar searches done in 2005 would have
`
`similarly provided a path to download version 6.9.0 of TS 23.140 although the layout
`
`of the webpages might have been slightly different.
`
`54. A similar search performed in 2005 could have looked like described
`
`in the following paragraphs. The 3GPP homepage from 2005 shown below
`
`included a link to “Specifications”9:
`
`
`9 Full website available as Appendix G.
`
`26
`
`
`
`28
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`
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`Declaration of Friedhelm Rodermund
`
`
`
`
`
`55.
`
` Clicking on the “Specifications” link provided a specifications
`
`webpage with various paths for locating specific specifications, such as specification
`
`snapshots, e.g., “2005-03”, a link to the “specifications file server area”, or a link to
`
`the specifications series page (“To find a particular spec quickly, go here and click
`
`on the links in the spec-series in the table or use the links in the ‘further information’
`
`section.”), as shown below10:
`
`
`10 Full website available as Appendix H.
`
`
`
`27
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`29
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`Declaration of Friedhelm Rodermund
`
`
`
`56. The subjects of the individual specification series for the 3GPP UTMS
`
`and LTE standards were explained on 3GPP’s website by clicking on the “To find a
`
`particular spec quickly, go here …” link on the specifications webpage identified
`
`above. This link directed to the 3GPP specification numbering webpage shown
`
`below11:
`
`
`11 Full website available as Appendix I.
`
`
`
`28
`
`30
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`Declaration of Friedhelm Rodermund
`
`
`
`57. Following the link for the 23 series would have led to a 3GPP webpage
`
`providing access to all specifications in a series and providing a subject matter index
`
`to the list of specifications, as shown by an excerpt of the webpage below12:
`
`
`
`
`Full website available as Appendix J.
`
`29
`
`12
`
`
`
`31
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`
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`Declaration of Friedhelm Rodermund
`
`58. Following the link for TS 23.140 would have led to a 3GPP webpage
`
`providing access to all version of TS 23.140 including V6.9.0 for download, as
`
`shown by excerpts of the webpage below13:
`
`
`
`
`Full website available as Appendix K.
`
`30
`
`13
`
`
`
`32
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`
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`Declaration of Friedhelm Rodermund
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`
`
`
`
`31
`
`33
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`
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`Declaration of Friedhelm Rodermund
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`59.
`
`In summary, there are - and there were in 2005 - several paths to locate
`
`and download a specific 3GPP specification. Thus, it is - and it has been already in
`
`2005 - straightforward for any interested person including members of the public to
`
`
`
`access 3GPP specifications such as TS 23.140 V6.9.0.
`
`c)
`
`Conclusion
`
`60. Thus, based on my personal knowledge and experience with ETSI’s
`
`and 3GPP’s standard business practices, this information tells me that TS 23.140
`
`V6.9.0 was uploaded and made available via the 3GPP FTP server to 3GPP
`
`delegates and interested members of the public who would have been able to locate
`
`the reference exercising reasonable diligence by April 4, 2005.
`
`
`
`32
`
`34
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`
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`Declaration of Friedhelm Rodermund
`
`
`
`V.
`
`PUBLICATION OF OMA SPECIFICATIONS AND RELATED
`
`DOCUMENTS
`
`A. General Practices
`
`61. Unless otherwise noted, the foregoing and following is an accurate
`
`description of OMA general practices from 2002 to the present, including in 2004,
`
`regardless of whether I use the present or past tense to describe those practices.
`
`62. OMA was established in June 2002 consolidating several industry
`
`forums working on application protocols and enablers applicable to the mobile
`
`phone industry. Thus, OMA was created as a merger of the following industry
`
`forums and Standard Development Organizations (SDOs): WAP Forum (focused on
`
`browsing and device provisioning protocols), the Wireless Village (focused on
`
`instant messaging and presence), the SyncML Initiative (focused on data
`
`synchronization),
`
`the Location Interoperability Forum,
`
`the Mobile Games
`
`Interoperability Forum, and the Mobile Wireless Internet Forum.
`
`63. The OMA developed several application enablers such as OMA DRM
`
`(Digital Rights Management), OMA DM (Device Management), OMA PoC (Push
`
`to talk over cellular), SUPL (Secure User Plan Location Protocol), and many more.
`
`The OMA was also involved in the creation of the MMS (Multimedia Messaging
`
`Service) standard which was a joint effort between 3GPP and OMA.
`
`
`
`33
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`35
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`Declaration of Friedhelm Rodermund
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`64.
`
`In March 2018, the OMA merged with the IPSO (Internet Protocol
`
`Smart Objec
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