Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 1 of 52 PageID #: 12236
`Case 5:19-cv-00036—RWS Document 348-3 Filed 06/18/20 Page 1 of 52 PageID #: 12236
`
`EXHIBIT 20
`
`EXHIBIT 20
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 2 of 52 PageID #: 12237
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`Invalidity of U.S. Patent No. 6,408,193
`by
`Japanese Unexamined Patent Application Publication No. JP H10-285059 to Nakayama (“Nakayama”)
`
`
`The excerpts cited herein are exemplary. For any claim limitation, Defendant may rely on excerpts cited for any other limitation and/or
`additional excerpts not set forth fully herein to the extent necessary to provide a more comprehensive explanation for a reference’s
`disclosure of a limitation. Where an excerpt refers to or discusses a figure or figure items, that figure and any additional descriptions
`of that figure should be understood to be incorporated by reference as if set forth fully therein.
`
`Except where specifically noted otherwise, this chart applies the apparent constructions of claim terms as used by Plaintiff in its
`infringement contentions; such use, however, does not imply that Defendant adopts or agrees with Plaintiff’s constructions in any way.
`
`U.S. Patent No. 6,408,193 (“the ’193 Patent”) claims priority to Japanese Application No. 10-318689, filed November 10, 1998. For
`purposes of these invalidity contentions, Defendant applies the November 10, 1998, priority date for the ’193 Patent. However,
`Defendant reserves the right to contest Plaintiff’s reliance on the November 10, 1998, priority date, should the priority date become an
`issue in this proceeding.
`
`Nakayama was published on October 23, 1998. As such, Nakayama qualifies as prior art with regard to the ’193 Patent under 35 U.S.C.
`§ 102(a) (pre-AIA). Using Plaintiff’s interpretation of the claims, Nakayama anticipates or renders obvious claims 1, 6, and 7 under 35
`U.S.C. § 103(a).
`
`Alternatively, Nakayama in view of Applicant Admitted Prior Art (“AAPA”) renders obvious claims 1, 6, and 7 under 35 U.S.C. §
`103(a).
`
`Alternatively Nakayama in view of U.S. Patent No. 6,236,863 to Waldroup, et al. (“Waldroup”) renders obvious claims 1, 6, and 7
`under 35 U.S.C. § 103(a). Waldroup was filed on March 17, 1998 claiming priority to a provisional application filed on March 31,
`1997. As such, Waldroup qualifies as prior art with regard to the ’193 Patent under at least 35 U.S.C. § 102(e) (pre-AIA).
`
`
`
`U.S. Patent No. 6,408,193
`Claim 1
`
`
`
`1
`
`Nakayama
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 3 of 52 PageID #: 12238
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`[1(pre)] A cellular telephone
`adapted to be used in a CDMA
`system, comprising:
`
`
`
`Nakayama discloses a celluar telephone. See, e.g., Nakayama at [0001], [0007], [0009]. To the
`extent the preamble is limiting, Nakayama in view of Waldroup renders this element obvious. In
`particular, Waldroup teaches “output power control” in CDMA wireless telephones:
`
`
`The present invention relates generally to the field of radio communication, and more
`specifically, to the field of output power control in code division multiple access (CDMA)
`wireless telephones incorporating intermodulation (IM) spurious response attenuation.
`Waldroup at 1:13-17.
`
`It would be obvious to adapt Nakayama’s mobile phone using the CDMA teachings of Waldroup
`to operate in a CDMA network. The motivation to do so would be to enjoy the improved power
`efficiency of Nakayama's phone in a CDMA network. See Waldroup at 1:32-34 (“Precise mobile
`station power control is a very important requirement for proper and efficient operation of a CDMA
`wireless telephone system.”). Doing do would be a simple application of a known technique to a
`known device ready for improvement to yield predictable results.
`
`Additionally, the ’193 Patent admits that CDMA telephones are well known in the art:
`The typical standard for the CDMA cellular telephone system enacted in the U.S. is TIA IS-95
`(hereinafter IS-95). An example of a transmitter applying IS-95 is shown in FIG. 11. In this
`example, a modulated signal converted into a transmitting frequency band is supplied to a
`variable amplitude amplifier 230 and the output of the variable amplitude amplifier 230 is
`further amplified by a power amplifier means 250 and transmitted to an antenna 450 through
`a duplexer 400. A controller 380 supplies a gain control signal to the variable amplitude
`amplifier 230 in order to adjust the gain such that the power transmitted from the antenna 450
`will satisfy the required value of transmitting power. The gain control signal is also supplied
`to a level detecting means 390. The level detecting means 390 supplies a bias signal to the
`power amplifier means 250 for adjusting the transmitting power. The level detecting means 390
`detects a level of the gain control signal, and as shown in FIG. 12, when the level is high (e.g.
`Gn), it outputs bias value of B2. Then the level decreases, and the level crosses a threshold
`value, the level detecting means 390 changes the bias abruptly from B2 to B1. Current of the
`power amplifier means change abruptly when the gain level crosses the threshold value. In IS-
`95, open-loop power control and closed-loop power control are employed in order to regulate
`a receiving power at the cell-site station. The open-loop power control, which definitely
`
`2
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 4 of 52 PageID #: 12239
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`determines a transmitting power according to an information indicating an intensity of electric
`field detected by a receiver, does not require a severe accuracy (generally within the range of
`9.5 dB). On the other hand, the closed-loop power control performs fine control according to
`an information indicating a variation of a gain of the signal transmitted from the cell-site
`station (generally 1 dB step). In this case, the transmitter performs the open-loop power control
`at first, then it performs the closed-loop power control for the transmitted power to converge
`into a desired value which the cell-site station requires.
`’193 Patent at 1:24-59; see also FIG. 11 (depicting a block diagram of a prior art CMDA
`transmission circuit):
`
`[1(a)] an antenna for receiving
`a first communication signal
`and a transmitting power
`control signal from a cell-site
`station and transmitting a
`second communication signal
`to the cell-site station,
`
`
`
`
`
`
`
`Nakayama teaches this limitation. In particular, Nakayama teaches an antenna as part of the
`disclosed cell phone:
`
`FIG. 1 is a block diagram expressing the electrical configuration of a communicator 11 that is
`the first embodiment of the present invention. For example, the communicator 11 is a time
`division multiplexing wireless communication mobile phone. The communicator 11 includes an
`operation part 13, microphone 14, baseband processing circuit 15, high frequency processing
`circuit 17, variable attenuator 18, amplifier 19, reference power source 20, power source circuit
`21, directional coupler 22, antenna 23, speaker 25, central processing unit 26, display part 27,
`
`3
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 5 of 52 PageID #: 12240
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`vibrator 28, detector circuit 31, temperature sensor 33, and memory 45. Among these, the
`variable attenuator 18, amplifier 19, reference power source 20, power source circuit 21,
`directional coupler 22, central processing unit 26, detector circuit 31, temperature sensor 33,
`and memory 45 configure the level control circuit of the claims.
`Nakayama at ¶ [0019]; see also FIG. 1 (depicting antenna 23):
`
`Furthermore, a target signal transmitted from another communicator as an electromagnetic
`wave is received by the antenna 23 via a base station. A signal representing an output power
`
`
`
`
`Nakayama teaches that antenna 23
`
`
`4
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 6 of 52 PageID #: 12241
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`
`
`5
`
`change request imparted from the base station to the communicator 11 may be added to this
`target signal.
`Id. at ¶ [0022].
`
`Nakayama further teaches that antenna 23 transmits a second communication signal to the base
`station (“cell-site station”):
`The high frequency processing circuit 17 modulates a high-frequency carrier signal having a
`frequency predetermined by the baseband signal and generates a target signal. […] The target
`signal output from the amplifier 19 is again imparted to the high frequency processing circuit
`17 after a portion thereof is extracted by the directional coupler 22, is imparted from the high
`frequency processing circuit 17 to the antenna 23, and is transmitted from the antenna 23 as an
`electromagnetic wave. This electromagnetic wave is received by another communicator via a
`base station.
`Id. at ¶ [0021].
`
`Additionally, Waldroup teaches this limitation. In particular, Waldroup teaches this limitation. In
`particular, Waldroup teaches “antenna 26,” which receives radio signals:
`As a radio signal is received through an antenna 26, a duplexer 28 directs the signal to a
`variable attenuation stage 27 including a variable attenuator circuit 22 (discussed in greater
`detail below) through an RF signal input line 47.
`Waldroup at 8:10-13.
`
`This signal includes both power control data in addition to communication data:
`
`
`According to this first preferred embodiment of the present invention, this delay corresponds
`to the period of time between receiving closed loop power control information from the base
`station, such as 1.25 ms.
`Id. at 15:9-13.
`
`Waldroup’s antenna alto transmits a communication signal back to the cell-site station:
`A directional coupler 50 passes the RF signal through to the duplexer 28 which directs the RF
`35 transmitter output signal to the antenna 26 for final output.
`Id. at 8:33-35.
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 7 of 52 PageID #: 12242
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`
`It would be obvious to modify Nakayama’s mobile phone using the CDMA teachings of Waldroup
`to operate in a CDMA network. The motivation to do so would be to enjoy the improved power
`efficiency of Nakayama's phone in a CDMA network. See Waldroup at 1:32-34 (“Precise mobile
`station power control is a very important requirement for proper and efficient operation of a CDMA
`wireless telephone system.”). Doing do would be a simple application of a known technique to a
`known device ready for improvement to yield predictable results.
`Nakayama teaches this element. In particular, Nakayama teaches that antenna 23 is used for both
`sending and receiving communication signals. See element 1(a) supra. As such, a duplexer is
`inherently taught to allow both sending and receiving. This can be seen at least by virtue of the
`double-headed arrow between baseband processing circuit 15 and high-frequency processing
`circuit 17 in FIG. 1:
`
`6
`
`[1(b)] a duplexer connected to
`said antenna,
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 8 of 52 PageID #: 12243
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`
`
`
`Additionally, the ’193 Patent admits that duplexers are a conventional part of a CDMA telephone
`and are conventionally connected to the antenna:
`The typical standard for the CDMA cellular telephone system enacted in the U.S. is TIA IS-95
`(hereinafter IS-95). An example of a transmitter applying IS-95 is shown in FIG. 11. In this
`example, a modulated signal converted into a transmitting frequency band is supplied to a
`variable amplitude amplifier 230 and the output of the variable amplitude amplifier 230 is
`further amplified by a power amplifier means 250 and transmitted to an antenna 450 through
`a duplexer 400. A controller 380 supplies a gain control signal to the variable amplitude
`amplifier 230 in order to adjust the gain such that the power transmitted from the antenna 450
`will satisfy the required value of transmitting power. The gain control signal is also supplied
`to a level detecting means 390. The level detecting means 390 supplies a bias signal to the
`power amplifier means 250 for adjusting the transmitting power.
`
`
`7
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 9 of 52 PageID #: 12244
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`’193 Patent at 1:24-35; see also FIG. 11 (depicting duplexer 400 as a part of a prior art transmitter):
`
`
`
`
`Additionally, Waldroup teaches this limitation. In particular, Waldroup teaches duplexer 28
`connected to antenna 26:
`
`
`As a radio signal is received through an antenna 26, a duplexer 28 directs the signal to a
`variable attenuation stage 27 including a variable attenuator circuit 22 (discussed in greater
`detail below) through an RF signal input line 47.
`Waldroup at 8:10-13; see also FIG. 1:
`
`
`
`8
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 10 of 52 PageID #: 12245
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`
`It would be obvious to modify Nakayama’s mobile phone using the CDMA teachings of Waldroup
`to operate in a CDMA network. The motivation to do so would be to enjoy the improved power
`efficiency of Nakayama's phone in a CDMA network. See Waldroup at 1:32-34 (“Precise mobile
`station power control is a very important requirement for proper and efficient operation of a CDMA
`wireless telephone system.”). Doing do would be a simple application of a known technique to a
`known device ready for improvement to yield predictable results.
`Nakayama teaches this limitation. In particular, Nakayama teaches that the disclosed mobile phone
`receives communication signals from the antenna (and therefore via the duplexer; see element
`[1(b)] supra) and converts them into a baseband signal and then an electric signal representing a
`voice:
`
`
`Furthermore, a target signal transmitted from another communicator as an electromagnetic
`wave is received by the antenna 23 via a base station. A signal representing an output power
`change request imparted from the base station to the communicator 11 may be added to this
`target signal. After reception, the electromagnetic wave of the target signal is demodulated in
`9
`
`[1(c)] a receiver connected to
`said antenna through said
`duplexer for converting said
`first communication signal
`into a voice signal code, and
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 11 of 52 PageID #: 12246
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`the high frequency processing circuit 17, made into a baseband signal, and made into an
`electric signal representing a voice after a predetermined processing determined
`corresponding to the communication system by the baseband processing circuit 15 is
`performed. The electric signal is output as a voice from the speaker 25.
`Nakayama at ¶ [0022].
`
`Additionally, Waldroup teaches this claim element. In particular, Waldroup teaches a receiver
`connected to antenna 26 though duplexer 28 for converting the received signal into a voice code to
`be passed to logic circuit 23:
`
`
`As a radio signal is received through an antenna 26, a duplexer 28 directs the signal to a
`variable attenuation stage 27 including a variable attenuator circuit 22 (discussed in greater
`detail below) through an RF signal input line 47. After the variable attenuation stage 27, signals
`are input through an amplifier input line 25 to an RF amplifier (RFAMP) circuit radio
`frequency (RF) receiver amplifier 30 which amplifies the received signal before supplying it to
`a downconverter circuit 32 which converts the amplified RF signal into an IF signal. An
`adjustable gain IF receiver amplifier circuit 34 receives and amplifies the IF signal before
`directing it to another downconverter circuit 36 which converts the received IF signal into a
`lower frequency IF signal. An IF receiver amplifier circuit 38 provides additional amplification
`before the receiver IF signal is provided to the baseband ASIC 20 through an IF input line 39.
`Waldroup at 8:10-26.
`In accordance with the first preferred embodiment of the present invention, the baseband ASIC
`20 includes customary means for providing low frequency analog processing and conversion
`of signals to and from the digital domain for interfacing with the logic circuit 23. In particular,
`functions of the baseband ASIC 20 include intermediate frequency (IF) to baseband conversion
`(and vice-versa), baseband and IF filtering, baseband signal quadrature splitting and
`combining, baseband analog to digital and digital to analog conversion, baseband direct
`current (DC) offset control, local oscillator quadrature generation, and clock amplitude
`adjustments. Further in accordance with the first preferred embodiment of the present
`invention, the logic circuit 23 conventionally provides the majority of physical layer signaling
`through a demodulating unit, a decoding unit, and an interleaving/deinterleaving unit.
`Waldroup at 7:24-40; see also FIG. 1:
`
`
`
`10
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 12 of 52 PageID #: 12247
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`
`The motivation to combine Nakayama’s transmission power control circuit into Waldroup’s
`CDMA telephone would be to improve the power efficiency of a CMDA handset, which is taught
`as being desirable by Waldroup. See Waldroup at 1:32-34 (“Precise mobile station power control
`is a very important requirement for proper and efficient operation of a CDMA wireless telephone
`system.”). The known work of Nakayama in the field of TDMA transmission power control would
`prompt a variation thereof in the field of CDMA transmission power control based on the design
`incentive of “efficient operation of a CDMA wireless telephone system,” and this variation would
`be predictable to one of ordinary skill in the art.
`
`Additionally, such a receiver is a necessary part of any CDMA telephone and as such, is taught by
`applicant-admitted prior art. See element [1(pre)]; see also ’193 Patent at 1:60-61 (“Japanese Patent
`Laid-open No. Hei-9-46152 discloses a mobile unit including a receiver and a transmitter…”).
`
`
`
`11
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 13 of 52 PageID #: 12248
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`
`
`12
`
`[1(d)] for outputting a power
`control signal derived from
`said transmitting power
`control signal sent from said
`cell-site station,
`
`Nakayama teaches this limitation. In particular, Nakayama teaches that the receiver receives a
`signal including both communications information and power control information, which are
`separated by baseband processing circuit 15:
`
`
`After reception, the electromagnetic wave of the target signal is demodulated in the high
`frequency processing circuit 17, made into a baseband signal, and made into an electric signal
`representing a voice after a predetermined processing determined corresponding to the
`communication system by the baseband processing circuit 15 is performed. The electric signal
`is output as a voice from the speaker 25. After a signal representing an output-power change
`request is separated from the target signal by the baseband processing circuit 15, it is imparted
`to the central processing unit 26 from the baseband processing circuit 15.
`Nakayama at ¶ [0022].
`
`Additionally, Waldroup teaches this limitation. In particular, Waldroup teaches that baseband ASIC
`20 (part of the receiver) outputs information to logic circuit 23 that is used to perform power control
`(gain adjustment):
`The transmit gain adjust signal on the transmit gain adjust line 90 is generated by the logic
`circuit 23 in response to processes internal to the logic circuit 23 as well as input received from
`the baseband ASIC 20, an IM-adjusted RSSI A/D circuit 31, and an output comparator circuit
`92.
`Waldroup at 9:64-10:1
`
`Waldroup further teaches that this received power control signal is output from baseband ASIC 20
`to logic circuit 23, where it is used to modify the contents of “closed loop power control register”
`140:
`Through methods which are discussed in greater detail below, the logic circuit 23 utilizes the
`signal levels detected from the output comparator 92 to modify a closed loop power control
`register (CL PWR CTRL REG) 140 located within the logic circuit 23. Like the comparator
`threshold register 130 and PDM 132, a PDM 142 provides an analog representation of values
`stored in the closed loop power control register 140. This analog representation is output
`through a transmit gain adjust (TX GAIN ADJ) output 150 of the logic circuit 23 onto the
`transmit gain adjust line 90 which is connected to the negative summer 80 shown in FIG. 1. An
`AGC reference output 152 is also shown supplying the AGC reference signal onto the AGC
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 14 of 52 PageID #: 12249
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`reference line 67. The logic circuit 23 also includes a control bit (CB) 143 located in another
`area of logic circuit 23 memory which is writeable by the logic circuit 23 and which controls
`whether the logic circuit 23 controls the closed loop power control register 140 or the logic
`circuit 23 controls the closed loop power control register 140 through conventional closed loop
`power control techniques.
`Waldroup at 10:64-11:16; see also FIG. 2:
`
`
`It would be obvious to modify Nakayama’s mobile phone using the CDMA teachings of Waldroup
`to operate in a CDMA network. The motivation to do so would be to enjoy the improved power
`efficiency of Nakayama's phone in a CDMA network. See Waldroup at 1:32-34 (“Precise mobile
`station power control is a very important requirement for proper and efficient operation of a CDMA
`wireless telephone system.”). Doing do would be a simple application of a known technique to a
`known device ready for improvement to yield predictable results.
`
`Additionally, performing such closed-loop power control is a necessary part of any CDMA
`telephone (and is required by IS-95A) and as such, is taught by applicant-admitted prior art. See
`element [1(pre)].
`
`13
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 15 of 52 PageID #: 12250
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`[1(e)] an encoder/decoder
`apparatus connected to said
`receiver and
`
`Nakayama teaches this claim limitation under Plaintiff’s interpretation. In particular, Nakayama
`teaches that baseband processor 15 performs a “predetermined processing” to convert a modulated
`signal into an electric signal representing a voice and further “predetermined processing to convert
`an electric signal representing voice data from the microphone to generate a baseband signal:
`
`
`After reception, the electromagnetic wave of the target signal is demodulated in the high
`frequency processing circuit 17, made into a baseband signal, and made into an electric signal
`representing a voice after a predetermined processing determined corresponding to the
`communication system by the baseband processing circuit 15 is performed. The electric signal
`is output as a voice from the speaker 25. After a signal representing an output-power change
`request is separated from the target signal by the baseband processing circuit 15, it is imparted
`to the central processing unit 26 from the baseband processing circuit 15.
`Nakayama at ¶ [0022].
`
`
`When performing communication from the communicator 11 to another communicator, the
`operator of the communicator 11 inputs phone numbers and the like of other communicators
`by operating a key provided on the operation part 13, and inputs a voice via the microphone
`14. The baseband processing circuit 15 performs predetermined processing determined
`corresponding to the communication system to an electrical signal representing the voice given
`from the microphone 14, adds a data signal related to further input phone numbers and the
`like, and generates and delivers a baseband signal to the high frequency processing circuit 17.
`Id. at ¶ [0020].
`
`Nakayama also teaches this limitation to the extent that the limitation “an encoder/decoder
`apparatus” is governed by 35 U.S.C. § 112(6). Nakayama’s baseband processing circuit 15
`performs the claimed function of “encoding” and “decoding” Id.
`
`Additionally, such an encoder/decoder apparatus is a necessary part of any CDMA telephone and
`as such, is taught by applicant-admitted prior art. See element [1(pre)].
`Nakayama teaches this limitation. In particular, Nakayama teaches “speaker 25” and “microphone
`14,” which are acoustic transducers that are connected to and driven by the “encoder/decoder”
`functionality of baseband processor 15:
`
`[1(f)] an acoustic transducer
`for converting said voice
`signal code into an audio
`signal for driving said acoustic
`
`
`
`14
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 16 of 52 PageID #: 12251
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`transducer and converting an
`audio input signal from said
`acoustic transducer into an
`input voice code signal,
`
`Furthermore, a target signal transmitted from another communicator as an electromagnetic
`wave is received by the antenna 23 via a base station. A signal representing an output power
`change request imparted from the base station to the communicator 11 may be added to this
`target signal. After reception, the electromagnetic wave of the target signal is demodulated in
`the high frequency processing circuit 17, made into a baseband signal, and made into an electric
`signal representing a voice after a predetermined processing determined corresponding to the
`communication system by the baseband processing circuit 15 is performed. The electric signal
`is output as a voice from the speaker 25. After a signal representing an output-power change
`request is separated from the target signal by the baseband processing circuit 15, it is imparted
`to the central processing unit 26 from the baseband processing circuit 15.
`Nakayama at ¶ [0022].
`
`
`When performing communication from the communicator 11 to another communicator, the
`operator of the communicator 11 inputs phone numbers and the like of other communicators by
`operating a key provided on the operation part 13, and inputs a voice via the microphone 14.
`The baseband processing circuit 15 performs predetermined processing determined
`corresponding to the communication system to an electrical signal representing the voice given
`from the microphone 14, adds a data signal related to further input phone numbers and the like,
`and generates and delivers a baseband signal to the high frequency processing circuit 17.
`Id. at ¶ [0020]; see also FIG. 1:
`
`
`
`
`15
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 17 of 52 PageID #: 12252
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`
`
`
`Additionally, such transducers are a necessary part of any CDMA telephone and, as such, are taught
`by applicant-admitted prior art. See element [1(pre)].
`
`Nakayama teaches this limitation. In particular, Nakayama discloses a “transmission circuit”
`“suitably implemented in […] a mobile telephone.” Nakayama at ¶¶ [0003], [0001].
`
`This transmission circuit is depicted in FIG. 1 (where the “transmitter” corresponds to “high-
`frequency substrate 61):
`
`16
`
`[1(g)] a transmitter connected
`to said encoder/decoder
`apparatus and to said antenna
`through said duplexer for
`converting said input voice
`code signal into said second
`communication signal, and
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 18 of 52 PageID #: 12253
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`
`Nakayama depicts this transmitter 61 being connected to antenna 23 and to baseband processing
`circuit 15 (which includes duplexing functionality as described above; see element [1(b)], supra).
`
`Nakayama additionally describes how many of these components are known in the prior art. See
`FIG. 5 (depicting transmission circuit 1 connected to antenna 6):
`
`
`
`17
`
`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 19 of 52 PageID #: 12254
`Defendant’s Invalidity Contentions
`Exhibit D2
`
`
`
`
`
`Additionally, Waldroup teaches this claim limitation. In particular, Waldroup teaches a transmitter
`that receives voice data from baseband circuit 41 and passes it to antenna 26 via duplexer 28:
`
`
`The baseband ASIC 20 also supplies a transmitter IF signal to an IF transmitter amplifier
`circuit 40 through an IF output line 41. After amplification, the transmitter signal is converted
`to a higher IF frequency through upconverter 42 30 and then adjustably amplified through an
`adjustable gain IF amplifier circuit 44. An upconverter circuit 46 then converts the IF signal
`into an RF signal which is then amplified by an RF amplifier 48. A directional coupler 50 passes
`the RF signal through to the duplexer 28 which directs the RF 35 transmitter output signal to
`the antenna 26 for final output.
`Waldroup at 26-35.
`
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`18
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`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 20 of 52 PageID #: 12255
`Defendant’s Invalidity Contentions
`Exhibit D2
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`
`
`It would be obvious to modify Nakayama’s mobile phone using the CDMA teachings of Waldroup
`to operate in a CDMA network. The motivation to do so would be to enjoy the improved power
`efficiency of Nakayama's phone in a CDMA network. See Waldroup at 1:32-34 (“Precise mobile
`station power control is a very important requirement for proper and efficient operation of a CDMA
`wireless telephone system.”). Doing do would be a simple application of a known technique to a
`known device ready for improvement to yield predictable results.
`
`Additionally, such a transmitter is a necessary part of any CDMA telephone and as such, is taught
`by applicant-admitted prior art. See element [1(pre)]; see also ’193 Patent at FIG. 11 (depicting a
`transmitter connected to duplexer 400:
`
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`19
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`

`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 21 of 52 PageID #: 12256
`Defendant’s Invalidity Contentions
`Exhibit D2
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`
`[1(h)] a controller connected to
`said receiver and said
`transmitter for controlling an
`amplitude of said transmitter,
`
`
`Nakayama teaches this claim limitation under Plaintiff’s interpretation. In particular, Nakayama
`teaches that “integrated circuit 63,” which is connected to the receiver (part of baseband processing
`circuit 15) and to the transmitter (via baseband processing circuit 15 and the various control lines
`for controlling the transmitter). See FIG. 1:
`
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`20
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`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 22 of 52 PageID #: 12257
`Defendant’s Invalidity Contentions
`Exhibit D2
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`
`
`Nakayama further discloses that this controller controls an amplitude of the transmitter, at least via
`“attenuation control part 42”:
`
`
`The central processing unit 26 includes a designation part 41, attenuation control part 42, and
`bias-voltage control part 43. The central processing unit 26 is realized, for example, in a
`microcomputer, and the parts 41 to 43 are, respectively, virtual circuits realized by arithmetic
`processing of the central processing unit 26. Moreover, the parts 41 to 43 may, respectively, be
`individually realized by independent circuit components.
`Nakayama at ¶ [0024].
`
`Waldroup teaches this claim limitation under Plaintiff’s interpretation. In particular, Waldroup
`teaches that logic circuit 3 is “a controller”:
`
`21
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`

`Case 5:19-cv-00036-RWS Document 348-3 Filed 06/18/20 Page 23 of 52 PageID #: 12258
`Defendant’s Invalidity Contentions
`Exhibit D2
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`Further in accordance with the first preferred embodiment of the present invention, the logic
`circuit 23 conventionally provides the majority of physical layer signaling through a
`demodulating unit, a decoding unit, and an interleaving/deinterleaving unit. Among other
`functional elements, the demodulating unit includes multiple path and searching receivers
`along with a signal combiner; the decoding unit includes a viterbi decoder and data quality
`verification means; and the interleaving/deinterleaving unit includes a convolutional encoder,
`an interleaver, a deinterleaver, a psuedo-random number (PN) sequence spreader, a data burst
`randomizer, and a finite impulse response