UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`T-Mobile USA, Inc., AT&T Services Inc., AT&T Mobility LLC, AT&T Corp.,
`Cellco Partnership d/b/a Verizon Wireless, Nokia of America Corporation,
`Ericsson Inc.
`Petitioners
`
`v.
`
`Cobblestone Wireless, LLC,
`Patent Owner
`____________
`
`Case IPR2024-00137
`U.S. Patent No. 9,094,888
`____________
`
`DECLARATION OF Benoist Sébire IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 9,094,888
`
`IPR2024-00137
`Petitioners' Ex. 1006
`
`Ex.1006.00001
`
`Samsung Ex. 1006, Page 1 of 27
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`T-Mobile USA, Inc., AT&T Services Inc., AT&T Mobility LLC, AT&T Corp.,
`Cellco Partnership d/b/a Verizon Wireless, Nokia of America Corporation,
`Ericsson Inc.
`Petitioners
`
`v.
`
`Cobblestone Wireless, LLC,
`Patent Owner
`____________
`
`Case IPR2024-00137
`U.S. Patent No. 9,094,888
`____________
`
`DECLARATION OF Benoist Sébire IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 9,094,888
`
`IPR2024-00137
`Petitioners' Ex. 1006
`
`Ex.1006.00001
`
`Samsung Ex. 1006, Page 1 of 27
`
`
`
`
`
`
`TABLE OF CONTENTS
`
`I. TABLE OF EXHIBITS ..................................................................................... iii
`II. INTRODUCTION ............................................................................................... 1
`III. BACKGROUND AND QUALIFICATIONS .................................................. 2
`IV. PUBLIC AVAILABILITY OF TS 36.300....................................................... 5
`a. Purpose of 3GPP ............................................................................................... 6
`b. 3GPP’s Policy of Making Documents Public .................................................. 8
`c. 3GPP Structure and Standards Development Process...................................... 9
`d. Type of 3GPP Documents - Technical Specifications ...................................11
`e. The 3GPP Websites Public File Repository ...................................................14
`V. EX. 1223 (“TS 36.300”) ....................................................................................20
`VI. DECLARATION ............................................................................................23
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`Ex. 1006, page ii
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`Ex.1006.00002
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`Samsung Ex. 1006, Page 2 of 27
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`
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`Ex. No.
`1201
`1202
`1203
`1204
`1205
`
`1206
`1207
`1208
`1209
`1210
`1211
`1212
`1213
`1214
`1215
`
`1216
`1217
`1218
`1219
`1220
`1221
`1222
`1223
`1224
`1225
`1226
`1227
`1228
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`
`
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`
`
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`
`
`TABLE OF EXHIBITS
`
`Description
`3GPP Partnership Project Description
`3GPP Working Procedures 2022
`Introducing 3GPP Webpage
`Recommendation for IPv6 in 3GPP Standards (Archived)
`Myung, H. & Goodman, D., Single Carrier FDMA – A New
`Air Interface for Long Term Evolution (2008)
`RAN WG2 Homepage
`RAN2 Meeting #73 (Taipei) Participants List
`3GPP FAQs (Archived Webpage - 2008)
`3GPP Specifications (Archived Webpage - 2008)
`3GPP Homepage (Archived Webpage - 2009)
`3GPP Index of ftp Specs (Archived Webpage - 2008)
`3GPP Specification Numbering (Archived Webpage - 2008)
`3GPP Specification Series (Archived Webpage - 2008)
`3GPP Version Numbering Scheme (Archived Webpage - 2008)
`Hillebrand, F., ed., GSM and UMTS: The Creation of Global
`Mobile Communication (2002)
`3GPP Partners Webpage
`3GPP Homepage (Archived Webpage – February 2011)
`3GPP Advanced Search (Archived Webpage – March 2011)
`3GPP FTP Index (Archived Webpage – 2008)
`3GPP FTP RAN WG (Archived Webpage – 2008)
`3GPP FTP TSG_RAN WG2_RL2 (Archived Webpage – 2008)
`3GPP FAQs Webpage
`3GPP TS 36.300 V10.3.0
`3GPP FTP TS 36.300 Directory Listing
`3GPP FTP TS 36.300 (Archived Webpage - 2014)
`RP-110855, Report of 3GPP TSG RAN meeting #51
`3GPP Specification by Series
`3GPP Directory Listing of Final Specifications After RAN#51
`
`Ex. 1006, page iii
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`
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`Ex.1006.00003
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`Samsung Ex. 1006, Page 3 of 27
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`I.
`
`
`INTRODUCTION
`I, Benoist Sébire, hereby declare as follows:
`
`1.
`
`I am an employee of Nokia Solutions and Networks (“Nokia”) and have
`
`been asked to submit this declaration on behalf of Petitioners Nokia of America
`
`Corporation, T-Mobile USA, Inc., AT&T Services Inc., AT&T Mobility LLC,
`
`AT&T Corporation, Cellco Partnership d/b/a Verizon Wireless, and Ericsson Inc,
`
`related to Inter Partes Review (“IPR”) of U.S. Patent No. 9,094,888 (the “’888
`
`Patent”).
`
`2.
`
`I am not being compensated for my work in this matter apart from my
`
`regular salary and benefits as a Nokia employee. My continued employment or
`
`compensation at Nokia is not contingent on the substance of my statements in this
`
`matter.
`
`3.
`
`In the preparation of this declaration, I have reviewed 3rd Generation
`
`Partnership Project (3GPP) Technical Specification (TS) 36.300 V10.3.0.
`
`4.
`
`I have considered:
`
`a) The exhibits listed above;
`
`b) My own academic background, knowledge, and professional
`
`experiences in the field of wireless communications and 3GPP
`
`standards-development, as described below.
`
`
`
`Ex.1006.00004
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`Samsung Ex. 1006, Page 4 of 27
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`5. My statements are supported by the information in this declaration in
`
`its entirety.
`
`6.
`
`I have been asked to assume that the ’888 patent is entitled to its
`
`earliest alleged priority date of April 29, 2011.
`
`II. BACKGROUND AND QUALIFICATIONS
`The following is a summary of my relevant qualifications and
`7.
`
`professional experience.
`
`8.
`
`I earned my Diplȏme Universitaire de Technologie (DUT) from Caen-
`
`Normandy University in 1994. In 1997, I earned my Master of Science in Electrical,
`
`Electronics, and Communications Engineering from the National School of Applied
`
`Science and Technology.
`
`9.
`
`After graduating with my master’s degree, I worked as an Army
`
`Scientist for the National Gendarmerie, a branch of the French Armed Forces, where
`
`I developed radio communication software for the military in French Polynesia.
`
`10.
`
`In 1998, I joined Nokia as a Research Engineer. Once at Nokia, I
`
`became involved in the 3rd Generation Partnership Project (3GPP). Within 3GPP, I
`
`have served as a delegate for nearly 25 years, actively participating in SMG2,
`
`GERAN, RAN1, and RAN2. As a delegate, I would author and present technical
`
`contributions in support of Nokia’s research and development activities for the 3GPP
`
`
`
`Ex. 1006, page 2
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`
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`Ex.1006.00005
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`Samsung Ex. 1006, Page 5 of 27
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`
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`standard. In addition to my work as a delegate, I also served as work item and
`
`specification rapporteur within 3GPP. In these roles, I acted as the prime contact
`
`point on technical matters and for information on progress throughout the
`
`development and drafting phases of various work items and technical specifications.
`
`11.
`
`I was promoted to Principal Engineer at Nokia in 2003 as my work
`
`became more focused on 3G radio protocols. During this time, I also served first as
`
`a RAN Working Group 1 delegate, then as a RAN Working Group 2 delegate
`
`working on the standardization of High-Speed Uplink Packet Access, which
`
`provided a major increase in data rate and overall performance for 3G UMTS
`
`networks. Later, I also became the first 3GPP LTE Stage 2 Rapporteur. In this role,
`
`I was entrusted by the 3GPP community to articulate and diagram the foundational
`
`aspects of the 4G LTE radio protocols.
`
`12.
`
`In June 2022, I was promoted within Nokia again to Distinguished
`
`Member of Technical Staff. My current title within Nokia is Senior Specialist,
`
`Standardization. Since 2006, I have held various official positions in Nokia and
`
`3GPP. I serve as the head of Nokia RAN Working Group 2 (“RAN2”) Delegation,
`
`in which role I am in charge of a team of approximately 20 delegates taking care of
`
`Radio Interface architecture and protocols standardization activities in Nokia.
`
`
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`Ex. 1006, page 3
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`Ex.1006.00006
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`Samsung Ex. 1006, Page 6 of 27
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`13.
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`I was also the 3GPP Vice Chairman in 3GPP RAN2 from 2009 to 2011,
`
`and I have served as the 3GPP Stage 2 (for both LTE/4G and NR/5G) and XR
`
`Rapporteur in RAN2. Within the 3GPP Technical Specification Group Radio Access
`
`Network (TSG RAN), RAN WG2 (RAN2) is, and has been since I have been
`
`involved in 3GPP, in charge of the Radio Interface architecture and protocols, the
`
`specification of the Radio Resource Control protocol, and the Radio Resource
`
`Management Procedures. Ex. 1206. RAN2 is currently responsible for the
`
`development and maintenance of the 3GPP Technical Specification (TS) 36.300,
`
`entitled “Evolved Universal Terrestrial Radio Access (E-UTRA) and Evolved
`
`Universal Terrestrial Radio Access Network (E-UTRAN); Overall description Stage
`
`2”. RAN2 was responsible for the development and maintenance of TS 36.300 prior
`
`to April 2011 and thereafter.
`
`14.
`
`I was the Stage 2 Prime Rapporteur in RAN2 responsible for drafting
`
`and updating TS 36.300 from the very beginning in 2006 until 2017, and in 2023
`
`again. As a part of my duties and responsibilities in this role, I accessed draft and
`
`final versions of TS 36.300, and other Technical Specifications on a routine basis.
`
`15. Through my extensive work and leadership within 3GPP, I am very
`
`familiar with 3GPP’s practices relating to making final specifications, draft
`
`
`
`Ex. 1006, page 4
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`
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`Ex.1006.00007
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`Samsung Ex. 1006, Page 7 of 27
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`
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`standards, and standard-related contributions publicly available, including in the
`
`time frame of 2000 to present.
`
`16. For the purposed of my analysis in this declaration, I have been
`
`informed by counsel that a person of ordinary skill in the art (“POSITA”) in the field
`
`of the ’888 Patent in approximately 2011 would have had at least a bachelor’s degree
`
`in electrical engineering, computer engineering, computer science, physics, or the
`
`equivalent, and at least two years of experience working in the fields of
`
`telecommunications and networking, radio-access networking, and/or service
`
`provisioning in wireless networks. A POSITA would also have familiarity with the
`
`3GPP technical specifications and processes. This definition is approximate,
`
`however, and more education may substitute for industry experience, and vice versa.
`
`III. PUBLIC AVAILABILITY OF TS 36.300
`17. Based on my experience working in different capacities on 3GPP
`
`standards, I am familiar with the regular business practices of 3GPP relating to
`
`technical documents, including technical specifications, draft standards and
`
`proposals, and standards-related technical contributions. This experience includes
`
`3GPP’s business practices through which 3GPP makes these documents public.
`
`
`
`Ex. 1006, page 5
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`
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`Ex.1006.00008
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`Samsung Ex. 1006, Page 8 of 27
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`
`
`A. PURPOSE OF 3GPP
`3GPP was formed
`in December 1998
`18.
`
`to produce Technical
`
`Specifications and Technical Reports for the Universal Mobile Telecommunications
`
`System (UMTS), a 3G Mobile System based on evolved GSM core networks and a
`
`new radio access network known as UTRA (UMTS Terrestrial Radio Access). Ex.
`
`1201 (3GPP Partnership Project Description). Different standards organizations
`
`cooperated and produced a set of globally applicable Technical Specifications that
`
`would then be turned into standards by the relevant standardization bodies (also
`
`known as “Organizational Partners”). 3GPP has developed and continues to
`
`maintain various cellular communication specifications, including GSM &
`
`GPRS/EDGE (2G), UMTS (3G), LTE (4G), and NR (5G).
`
`19.
`
`3GPP is a partnership between organizational partners, market
`
`representation partners and individual members such as companies. Ex. 1202 at 8-9
`
`(3GPP Working Procedures). Today, 3GPP unites seven global telecommunications
`
`standard development organizations (“Organizational Partners”) that define,
`
`publish, and set standards for their respective regions. Ex. 1203. 3GPP market
`
`representation partners represent various industry perspectives and offer market
`
`advice, and individual member companies participate in 3GPP through their
`
`membership in a 3GPP Organizational Partner. Ex. 1202; Ex. 1216.
`
`
`
`Ex. 1006, page 6
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`
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`Ex.1006.00009
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`Samsung Ex. 1006, Page 9 of 27
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`20.
`
`3GPP’s
`
`technical standards cover cellular
`
`telecommunications
`
`networks, including User Equipment (UE) technologies, Radio Access Network
`
`(RAN) technologies, Core Network (CN) technologies, and service and system
`
`capabilities. The specifications also detail interworking with non-3GPP networks,
`
`such as Wi-Fi networks.
`
`21. Global standardization of these promotes interoperability worldwide.
`
`This means that standardization enables network elements, such as network
`
`equipment and User Equipment, from different suppliers to interact. This benefits
`
`users as well as the mobile communications industry as a whole. In short, standards
`
`enable new technology, as new terminals and network systems could not be
`
`developed without standards to make these new technologies interoperable with
`
`other, existing network technologies.
`
`22. Given the prominence and importance of 3GPP in the wireless
`
`communication industry, beginning in 1998 and continuing through today, interested
`
`POSITAs were tracking the developments of the latest 3GPP specifications. By
`
`tracking 3GPP specifications and reports, POSITAs ensured that the standards
`
`reflected their employers’ technology goals. A POSITA in cellular communications
`
`industry would have been familiar with 3GPP and the technical specifications to
`
`perform their job. Without access to and knowledge of the 3GPP documentation,
`
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`Ex. 1006, page 7
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`
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`Ex.1006.00010
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`Samsung Ex. 1006, Page 10 of 27
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`
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`including for example the substantive contents of 3GPP technical specifications, an
`
`engineer could not contribute to the technology’s growth and development, or to the
`
`growth and development of products that relied on the standards. Because 3GPP
`
`documents were an important aspect of a POSITA’s professional experience,
`
`textbooks and articles about cellular communications commonly directed readers to
`
`the 3GPP website for information regarding standards development. Ex. 1201.
`
`23. My personal experience at Nokia confirms 3GPP’s prominence in the
`
`wireless industry. Engineers and managers at Nokia responsible for the development
`
`of 3G and LTE and acting as delegates, would have attended the 3GPP plenary
`
`and/or working group meetings, access the documents for those meetings, and freely
`
`discuss those documents internally with other Nokia engineers by sharing them
`
`(either directly if the delegate downloaded the documents, or indirectly through
`
`hyperlinks pointing towards the FTP server of 3GPP where all meeting documents
`
`are stored). In this way, the team of delegates attending the meetings could share the
`
`publications and information acquired from the meetings with other POSITAs within
`
`Nokia.
`
`B. 3GPP’S POLICY OF MAKING DOCUMENTS PUBLIC
`3GPP’s policy is to make 3GPP documents, like TS 36.300, available
`24.
`
`to the public, including to interested POSITAs. These documents were freely
`
`
`
`Ex. 1006, page 8
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`
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`Ex.1006.00011
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`Samsung Ex. 1006, Page 11 of 27
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`
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`available, and the free availability of 3GPP documents to any interested member of
`
`the public was widely recognized in the industry. The purpose of 3GPP was
`
`worldwide adoption of a common standard, therefore no restrictions on distribution
`
`or discussion were placed on 3GPP documents. In fact, dissemination and sharing
`
`of 3GPP document was specifically encouraged and necessary for creating an
`
`industry-wide standard. By making the documents available to the public 3GPP
`
`encouraged technical development and discussion and collaboration among 3GPP
`
`Working Group members, as well as other interested POSITAs. There were no, and
`
`are no confidentiality requirements with respect to 3GPP documents.
`
`25.
`
`I personally have shared 3GPP documents with Nokia colleagues not
`
`attending 3GPP meetings in person, and 3GPP documents have always been freely
`
`shared among colleagues at Nokia since I have worked there.
`
`C. 3GPP STRUCTURE AND STANDARDS DEVELOPMENT
`PROCESS
`26. Within 3GPP, responsibility for producing specifications was delegated
`
`to Technical Specifications Groups (TSGs). Ex. 1202 at 13 (“TSG Tasks”). The
`
`TSGs prepare, approve and maintain the 3GPP Technical Specifications and
`
`Technical Reports taking into account the market requirements provided by Market
`
`Representation Partners if needed. Each TSG is further divided into a number of
`
`
`
`Ex. 1006, page 9
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`
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`Ex.1006.00012
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`Samsung Ex. 1006, Page 12 of 27
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`
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`Working Groups (“WGs”), which further divides the work of 3GPP by subject
`
`matter among the different WGs. POSITAs would have been aware of the division
`
`of work by subject matter among the TSGs and among the WGs. A description of
`
`the Working Group’s focus area could be found on the WG home pages on the 3GPP
`
`website. See, e.g., Ex. 1206 (RAN WG2 Homepage); Ex. 1205 at 176. For example,
`
`RAN WG2 (also called “RAN2” or “R2”) has been “in charge of the Radio Interface
`
`architecture and protocols (MAC, RLC, PDCP)” including “the specification of the
`
`Radio Resource Control (RRC) protocol.” Ex. 1206 at 1.
`
`27. The TSGs held quarterly plenary meetings. At those meetings, member
`
`companies’ contributions, draft specifications and reports that had been agreed upon
`
`by the Working Groups were presented for approval. Ex. 1202 at 23 (“Deliverable
`
`Types,” stating that Technical Specifications and Technical Reports are “drawn up
`
`by the TSGs” and are approved by the TSGs). Once a Technical Specification was
`
`approved by TSG Plenary, the latest version of said Technical Specification would
`
`be uploaded to the 3GPP file server. In that way, the conclusion of 3GPP TSG
`
`plenary meetings serve as notice that new versions of specifications will shortly be
`
`made available on the public 3GPP server. The Working Groups also met regularly.
`
`The attendees at these meeting were engineers representing telecommunications
`
`companies such as Nokia. E.g., Ex. 1207 (listing the number of delegates that
`
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`Ex. 1006, page 10
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`
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`Ex.1006.00013
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`Samsung Ex. 1006, Page 13 of 27
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`
`
`
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`registered and attended RAN WG2 meeting #73). These meetings and Working
`
`Group meetings often had over a hundred delegates in attendance. Ex. 1207 (listing
`
`222 delegate participants at RAN WG2 Meeting #73 in Taipei from February 21-25,
`
`2011). These delegates were and would have been POSITAs.
`
`28. Delegates could submit contributions on behalf of the Individual
`
`Members. Members usually wanted to contribute to the standard and to make
`
`suggestions as to what technology should (or should not) be included based on the
`
`member’s needs. Delegates also attended the 3GPP meetings to keep their employers
`
`updated on developments. Companies and POSITAs alike would have been
`
`motivated to stay up to date on these 3GPP developments to ensure products in
`
`development remained consistent with and relevant to the standards.
`
`29. Although attendance at 3GPP meetings was generally limited to 3GPP
`
`members, the public, including POSITAs, would have been made aware of Working
`
`Group meeting dates and times as well as the technical documents it produced on
`
`3GPP’s website. Ex. 1205 at 177.
`
`D. TYPE OF 3GPP DOCUMENTS - TECHNICAL
`SPECIFICATIONS
`30. As I noted in paragraphs 18-25, a primary purpose of 3GPP is to
`
`prepare, approve, and maintain globally applicable Technical Specifications and
`
`
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`Ex. 1006, page 11
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`Ex.1006.00014
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`Samsung Ex. 1006, Page 14 of 27
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`Technical Reports. Ex. 1202, at 7 (3GPP Working Procedures, “Purpose”). A
`
`“Technical Specification,” is “[a] 3GPP output document containing normative
`
`provisions approved by a Technical Specification Group." Ex. 1202, at 28.
`
`31.
`
`It was widely known that Technical Specifications (and Technical
`
`Reports) were publicly available on 3GPP's website. Ex. 1208, at 6-8 (3GPP FAQs);
`
`Ex. 1209, at 1-2 (3G Specifications page with links to location of specifications on
`
`3GPP's public file repository). It was also well known that the latest version of a
`
`given specification would be made available following each TSG Plenary meeting.
`
`32. Technical specifications, and revisions of technical specifications,
`
`could be easily accessed from the 3GPP website. In 2011, the specifications page
`
`could be reached from the 3GPP website's home page by clicking “Specifications”
`
`in the toolbar. Ex. 1210. The Specifications page provided a direct link to the
`
`specifications area in the 3GPP website's file repository. Ex. 1209.
`
`33. Based on the subject matter the POSITA was interested in, a POSITA
`
`would know which specification contains that information. First, an interested
`
`POSITA would have followed updates from the particular Working Group
`
`responsible for the specific technology of interest. Additionally, an interested
`
`POSITA could have narrowed the set of relevant specifications based on the series
`
`number of
`
`
`the specification. Ex. 1212 (chart
`
`identifying subject matter
`
`Ex. 1006, page 12
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`Ex.1006.00015
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`Samsung Ex. 1006, Page 15 of 27
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`corresponding to each series number). From there, a POSITA could have followed
`
`the link to the relevant series and browsed the titles and descriptions. Ex. 1213.
`
`34. The numbering scheme was also readily available to a POSITA. Ex.
`
`1212, at 1.
`
`35. The specifications were stored on the 3GPP website's file repository as
`
`zipped files, where the filenames followed the structure: SM[-P[-Q]]-V.zip. "S"
`
`represented the series number; "M" represented the part after the series number); "P"
`
`represented an optional part number; "Q" represented an optional sub-part number;
`
`and "V" represented the version number (without the separating dots). Ex. 1212, at
`
`2.
`
`36. The Working Groups would create incremental versions of the
`
`specifications (e.g., V0.6.6, V1.0.0, V1.1.0, etc.). These versions were made
`
`available on the 3GPP website’s file repository as discussed above. The version
`
`number included three fields—the major version field, the technical version field,
`
`and the editorial version field. Ex. 1214, at 1. The major version field reflects the
`
`stage of the specification, with "0" representing an immature draft and a value of "3"
`
`or greater representing a specification that has been approved by the relevant TSG.
`
`Ex. 1214, at 1. The technical version field begins at zero and increases when a
`
`technical change is made to the specification (either as part of the drafting process or
`
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`Ex. 1006, page 13
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`
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`Ex.1006.00016
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`Samsung Ex. 1006, Page 16 of 27
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`as part of an approved change request). Ex. 1214, at 1. The editorial version field
`
`begins at zero and is increased when a non-technical change is made to the
`
`specification (e.g., to fix a typo). Ex. 1214, at 1.
`
`E. THE 3GPP WEBSITES PUBLIC FILE REPOSITORY
`37. All technical specifications were also freely available to interested
`
`POSITAs and the public through the 3GPP FTP website. POSITAs would have been
`
`aware of 3GPP and of the 3GPP website. These documents were accessible without
`
`any login credentials or other exclusive access criteria. For example, an archived
`
`capture of the 3GPP website’s home page on February 11, 2011 prominently
`
`featured a link to “Advanced FTP Search” (the green button) so that any who visited
`
`the website could click the link to “search and download specs, docs, CRs and more
`
`from the 3GPP ftp Server.” Ex. 1217.
`
`38. During the relevant 1211 timeframe, a POSITA’s could have located
`
`relevant documents of interest of the 3GPP website by using reasonable diligence
`
`based on the website’s indexing scheme or the Technical Specification’s naming
`
`convention. The documents on the 3GPP website were (and remain) indexed and
`
`organized according to the relevant Working Groups within 3GPP because each WG
`
`focused on particular subject matter. The documents were further organized based
`
`on the meeting of those groups.
`
`
`
`Ex. 1006, page 14
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`
`
`Ex.1006.00017
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`Samsung Ex. 1006, Page 17 of 27
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`
`
`39. An interested POSITA or member of the public could have located
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`documents of interest by first navigating a web browser to the 3GPP website
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`(www.3gpp.org/home.html). See Ex. 1217 (February 2011 Home Page Archive).
`
`40. The file repository was indexed, for example, by types of documents.
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`Specifically, a user could keyword search or search all documents indexed as
`
`Technical Specifications by selecting “Specs”:
`
`Ex. 1218 (March 21, 2011 Archived Advanced Search webpage).
`
`
`41. The 3GPP file repository was also indexed by subject matter.
`
`Specifically, an individual would select the relevant TSG covering the subject matter
`
`
`
`of interest:
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`
`
`Ex. 1006, page 15
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`
`
`Ex.1006.00018
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`Samsung Ex. 1006, Page 18 of 27
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`
`
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`Ex. 1218.
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`42.
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`If the individual were interested in the radio access aspects of 3GPP
`
`for LTE, they would select the box for “TSG RAN (UTRAN/LTE)” and click
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`“Search.” Ex. 1218.
`
`43. An interested POSITA or member of the public could have also
`
`accessed 3GPP documents through the web address http://3gpp.org/ftp. Ex. 1219
`
`(October 2008 archive of webpage). There, a POSTIA or member of the public
`
`could navigate to the desired 3GPP documents based on document type or subject
`
`matter (similar to the 3GPP Advanced Search). For example, a user could navigate
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`
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`Ex. 1006, page 16
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`
`
`Ex.1006.00019
`
`Samsung Ex. 1006, Page 19 of 27
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`
`
`
`
`to Technical Specifications by clicking on “Specs” or could navigate to documents
`
`related to radio access aspects of 3GPP by clicking on the link to “tsg_ran”:
`
`
`
`Ex. 1219 (October 2008 Web Archive) (annotated).
`44. After a POSITA clicked “tsg_ran”, they would be brought to a
`
`webpage and could click on the particular RAN Working Group covering the
`
`subject matter of interest, such as RAN Working Group 2:
`
`
`
`
`
`
`
`Ex. 1006, page 17
`
`Ex.1006.00020
`
`Samsung Ex. 1006, Page 20 of 27
`
`
`
`
`
`Ex. 1220 (annotated).1 For example, if the individual were interested in the Radio
`
`Interface architecture and protocols (MAC, RLC, PDCP), the specification of the
`
`Radio Resource Control protocol, the strategies of Radio Resource Management and
`
`the services provided by the physical layer to the upper layers, the individual would
`
`know to choose the folder for WG 2. See Ex. 1220.
`
`45. Once a user is in the relevant Working Group folder (RAN WG2 in this
`
`example), an individual would see a list of all meetings held by RAN WG2 and could
`
`navigate to the technical specification relevant for RAN WG2:
`
`
`1 Note that the snapshots of the various ftp directories were generated using the Wayback
`Machine capture available prior to the April 29, 2011 priority date.
`
`
`Ex. 1006, page 18
`
`
`
`Ex.1006.00021
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`Samsung Ex. 1006, Page 21 of 27
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`
`
`
`
`
`
`
`Ex. 1221 (annotated). As shown, a folder existed for each meeting. For example,
`
`“TSGR2_11” correspond to TSG RAN WG2 Meeting #11. Ex. 1221. The timestamp
`
`associated with the meeting #11 directory indicates it was last updated on March 29,
`
`2007. Ex. 1221.
`
`46. A POSITA would have also known which meeting(s) would have
`
`covered particular subject matter based on the publicly available meeting agendas.
`
`47.
`
`3GPP’s public file repository provides a reliable way for identifying the
`
`date and time a document was uploaded to the website and available to download
`
`
`
`Ex. 1006, page 19
`
`
`
`Ex.1006.00022
`
`Samsung Ex. 1006, Page 22 of 27
`
`
`
`
`
`freely. When a document is uploaded, the file server automatically assigns the
`
`document a time stamp of when the document was uploaded as part of the regular
`
`business practices of 3GPP. In addition, to ensure coherent references, documents
`
`uploaded to the 3GPP FTP site are not overwritten. My personal experience is that
`
`this has always been the practice regarding uploading documents to the 3GPP file
`
`repository.
`
`IV. EX. 1223 (“TS 36.300”)
`3GPP TS 36.300 V10.3.0 is a Technical Specification titled “Evolved
`48.
`
`Universal Terrestrial Radio Access (E-UTRA) and Evolved Universal Terrestrial
`
`Radio Access Network (E-UTRAN); Overall Description; Stage 2 (Release 10)”
`
`(“TS 36.300”). Ex. 1223 at 1. This Technical Specification indicates that it was
`
`published by 3GPP in April 2011. To obtain this document, used a web browser to
`
`go to the URL https://www.3gpp.org/ftp/Specs/archive/36_series/36.300/. Ex. 1224.
`
`I selected the link for “36300-a30.zip” and downloaded a zip file of the same name.
`
`Ex. 1224. The zip filed contained a Microsoft Word document titled “36300-
`
`a30.doc.” A true and correct copy of the Word document within the zip file “36300-
`
`a30.zip”, printed to PDF form, is provided as Ex. 1223.
`
`49. TS 36.300 was available for download from 3GPP’s file repository
`
`website as of April 5, 2011 as shown by the timestamp 2011/04/05.
`
`
`
`Ex. 1006, page 20
`
`
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`Ex.1006.00023
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`Samsung Ex. 1006, Page 23 of 27
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`
`
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`
`
`
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`Ex. 1224 at 2 (annotated); Ex. 1225 at 1 (archived version of web page from July 4,
`2014, showing same upload date).
`50. The report from TSG RAN Plenary #51 (uploaded to the 3GPP server
`
`on June 10, 2011) supports the April 5, 2011 upload date. That report discloses that
`
`TS 36.300 V10.2.0 had been modified according to several change requests which
`
`were approved at the RAN Meeting #51, held March 15-18, 2011. TS 36.300
`
`V10.3.0 was uploaded to the 3GPP server shortly thereafter in line with common
`
`3GPP practice. Ex. 1226 (TSG RAN #51 Report) at 17-20, 36, 43, 99, 113-14.
`
`51. After a RAN Plenary meeting, such as RAN#51, draft technical
`
`specifications are issued by ETSI for review and uploaded to the 3GPP FTP website.
`
`The drafts corresponding to RAN#51 were made available shortly after the RAN#51
`
`meeting
`
`at
`
`the
`
`web
`
`address
`
`https://www.3gpp.org/ftp/tsg_ran/WG2_RL2/Specifications/121103_draft_specs_a
`
`fter_RAN_51. After review, the corresponding final technical specifications
`
`resulting from RAN#51, were then uploaded to the 3GPP website at the web address
`
`https://www.3gpp.org/ftp/tsg_ran/WG2_RL2/Specifications
`
`/121103
`
`_fina
`
`
`
`Ex. 1006, page 21
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`
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`Ex.1006.00024
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`Samsung Ex. 1006, Page 24 of 27
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`
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`
`
`l_specs_a fter_RAN_51. TS 36.300 was also available for download from this web
`
`address, which further supports the April 5, 2011 upload date, as shown below.
`
`
`
`Ex. 1228.
`
`
`52. As I explained above, technical specifications could be readily obtained
`
`through the 3GPP website. Interested POSITAs would have been well aware of
`
`3GPP and of the 3GPP website, and they would have known that 3GPP documents
`
`were available to the public.
`
`53. Relevant to TS 36.300, a POSITA interested in the architecture of LTE
`
`networks and interplay with other Radio Access Technologies could have navigated
`
`to the specifications area of the file repository via the direct link on the specifications
`
`page. As described above, that navigation structure was straightforward and
`
`standardized, as it was based on the filename structure. Thus, an interested POSITA
`
`would have been capable of navigating to relevant 3GPP specifications on the 3GPP
`
`website using reasonable diligence.
`
`54. As I described above, the upload time stamp indicates that 36300-
`
`a30.zip was uploaded to 3GPP’s publicly available website on April 5, 2011. Any
`
`member of the public could have downloaded the zip file, extracted the Word
`
`
`
`Ex. 1006, page 22
`
`
`
`Ex.1006.00025
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`Samsung Ex. 1006, Page 25 of 27
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`
`
`
`
`document enclosed, and viewed the contents of the Word document without
`
`restriction on April 5, 2011, and anytime thereafter.
`
`55. Because I was the rapporteur of this specific specification, I would have
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`been personally responsible for declaring the document as ready for publication on
`
`the 3GPP website where interested POSITAs would have downloaded final versions
`
`of TS 36.300 V10.3.0 on April 5, 2011, when it was made available.
`
`56. As I described above, based on my personal knowledge and experience,
`
`this time stamp accurately reflects the date the document was uploaded to the 3GPP
`
`public file repository. I have no reason to believe this particular time stamp is
`
`inaccurate. I have determined that TS 36.300 was available for any member of the
`
`public to download from the 3GPP website no later than April 5, 2011.
`
`57. Therefore, that by April 5, 2011, an interested POSITA using
`
`reasonable diligence could have located TS 36.300 on the 3GPP website,
`
`downloaded the reference without providing credentials, and disseminated the
`
`reference to others without restriction.
`
`V. DECLARATION
`I declare that all statements made herein of my own knowledge are true
`58.
`
`and that all statements made on information and belief are believed to be true; and
`
`further that these statements were made with the knowledge that willful false
`
`
`
`Ex. 1006, page 23
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`
`
`Ex.1006.00026
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`Samsung Ex. 1006, Page 26 of 27
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`
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`statements and the like so made are punishable by fine, or imprisonment, or both,
`
`under Section 1001 of Title 18 of
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