`Case 1:20-cv-00765-DAE Document 40-15 Filed 10/17/22 Page 1 of 4
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`EXHIBIT 15
`EXHIBIT 15
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`Case 1:20-cv-00765-DAE Document 40-15 Filed 10/17/22 Page 2 of 4
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`In re inter partes review of:
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`U.S. Patent 8,542,643 to Gan, et al. Atty. Docket: 3559.001IPR4
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`Filed: Herewith
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`For: Approach for Managing the Use
`of Communications Channels
`Based on Performance
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`
`
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`Declaration of Dr. Zhi Ding in Support of
`Petition for Inter Partes Review of U.S. Patent No. 8,542,643
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`Mail Stop Inter Partes Review
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`Attn: Patent Trial and Appeal Board
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
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`Commissioner:
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`
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`I, Dr. Zhi Ding, declare as follows:
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`1.
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`I have been retained on behalf of Marvell Semiconductor, Inc., Medi-
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`aTek Inc., and MediaTek USA, Inc. for the above-captioned inter partes review
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`proceeding. I understand that this proceeding involves U.S. Patent No. 8,542,643
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`to Gan, et al., titled “Approach for Managing the Use of Communications Chan-
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`nels Based on Performance” (“the ʼ643 patent”) and that the ’643 patent is current-
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`ly assigned to Bandspeed, Inc.
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`
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`- 1 -
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`Marvell Semiconductor, Inc.
`MediaTek Inc.
`MediaTek USA, Inc.
`Exh. 1002
`IPR of U.S. Pat. No. 8,542,643
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`
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`Case 1:20-cv-00765-DAE Document 40-15 Filed 10/17/22 Page 3 of 4
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`to communicate with the participant.” (Id., 8:45-46, emphasis added.) That is, a
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`bad channel is “replaced” with a good channel by selecting the good channel in-
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`stead of the bad channel for use in the hopping sequence.
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`39. Additionally, the explicit language of the claims require that the act of
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`replacement be performed by a “selection kernel.” As would be understood by one
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`of ordinary skill in the art, a selection kernel selects channels to use for transmis-
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`sion of data. The selection kernel outputs an address to address a register and may
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`address the same bad channel multiple times: “the same bad channel can be re-
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`placed by another randomly selected good channel when, at a later time, the sec-
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`tion kernel addresses the bad channel.” (Id., 19:47-54, 21:9-13.) The bad channel
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`can only be addressed (selected) multiple times by the selection kernel if the bad
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`channel remains in the default channel register (i.e., is not removed and/or over-
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`written) and is only replaced by a good channel when selected for use in the hop-
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`ping sequence.
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`40.
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`I note during prosecution Patent Owner took an impermissibly nar-
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`row interpretation of the replacing limitation. Specifically, Patent Owner alleged
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`that the claims require the removal of an identified bad channel from the default
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`channel register and storage of a good channel in its location. I disagree with Pa-
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`- 16 -
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`Case 1:20-cv-00765-DAE Document 40-15 Filed 10/17/22 Page 4 of 4
`Case 1:20-cv-00765-DAE Document 40-15 Filed 10/17/22 Page 4 of 4
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`XIII. Conclusion
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`277.
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`In signing this declaration, I recognize that the declaration will be
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`filed as evidence in a contested case before the Patent Trial and Appeal Board of
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`the United States Patent and Trademark Office.
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`I also recognize that I may be sub-
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`ject to cross-examination in the case and that cross-examination will take place
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`within the United States. If cross-examination is required of me, I will appear for
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`cross-examination within the United States during the time allotted for cross-
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`examination.
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`278.
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`I hereby declare that all statements made herein of my own knowl-
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`edge are true andthatall statements made on information and belief are believed to
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`be true; and further that these statements were made with the knowledgethat will-
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`ful false statements and the like so made are punishable by fine or imprisonment,
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`or both, under Section 1001 of Title 18 of the United States Code.
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`ExecutedthisSAday ofJanuary 2015 in Drs CA / ASE1S. lsh
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`Respectfully submitted
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`
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`Dr. Zhi Ding
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`1948394 1.DOCK
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`- 140 -
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