Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 1 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 1 of 133
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`APPENDIX 3
`APPENDIX 3
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`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 2 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 2 of 133
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`UNITED STATES PATENT AND TRADEMARKOFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TCL INDUSTRIES HOLDINGS Co., HISENSE Co., LTD., and ZYXEL
`COMMUNICATIONS CORP.
`Petitioners,
`
`V.
`
`PARKERVISION,INC.
`Patent Owner
`
`Case No. 2021 IPR-00985
`
`DECLARATION OF MATTHEW B. SHOEMAKE,PH.D.
`
`REGARDING U.S. PATENT NO.7,292,835
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 1
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 3 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 3 of 133
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`I, Matthew B. Shoemake, Ph.D., do hereby declare andstate, thatall
`
`statements are made herein of my own knowledgeare true andthatall statements
`
`made on information and belief are believed to be true.
`
`I am over the age of 21
`
`and am competent to makethis declaration. These statements were made with the
`
`knowledge that willful false statements are punishable by fine or imprisonment, or
`
`both, under Section 1001 of Title 18 of the United States Code.
`
`Dated: May 17, 2021O'ra6dS.
`
`Matthew B. Shoemake,Ph.D.
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 2
`
`

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`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 4 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 4 of 133
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`TABLE OF CONTENTS
`
`CSUAICIPIGATICcvs.c3-scecvacesel exeisavscuscctcecaslandevacepaanedssasaisacntcacesquansbiaagensdee I
`
`Il.
`
`NMACEL REYDEWELD ocuiveansceiveuimensoiessevina avis taniinenveas aan 10
`
`Il.
`
`PERSON OF ORDINARY SKILL IN THE ART Qiiscssscsssscssssessesasssssevsseesnss 10
`
`IV.
`
`STANDARDS OF ANTICIPATION AND OBVIOUSNESS ......... cesses 12
`
`BRIEF SUMMARY OF OPTIONS|ji tsciissesissessscvctisrcrisivnd inset iavekidvoriasaviceent 23
`
`Bis
`
`“TNS HSS: Pattia sasosccpiisscsveanaassisansscasaviavsarsissasesaavoisasnssvmsssuasaisaniecnass ao
`
`B.—The Claims are Obvious Over Hulkko in View of Gibson................ 27
`
`C.
`
`D:.
`
`The Claims Are Obvious Over Gibson in View of Schiltz................. 32
`
`Claim] Preamble: “Cable Modem” ::,.3:.is.ccscccodsesanscsersasiennibsaadnbiase 35
`
`VE
`
`BACKGROUND TECHNOLOGY.......:ccsccscssscessectssscsscstsssneessssesessarestsests 38
`
`A. Wireless Communications Signals..........c.ccccccscscccessesscecesesseseeesseesaees 38
`
`B.
`
`“Modulating” Signals for Wireless Communications...........ccseeee a9
`
`1.
`
`Zi
`
`3
`
`Amplitude Modulation........cccccccececcsesesesesesesesescsesesescstseseseassravsrseees40
`
`PINSVTLAEHIT scaosscevsacscaxescgassases cuss asianion atuanieneatiasia ydageeisniasbauaeendsAl
`
`Quadrature Amplitude Modulation (“QAM”) ....ccccccececeteneteene42
`
`VIL.
`
`OVERVIEW GP THE 83a PATENT 6 isssssasssessstsversinsesasassoisscnssisassidessaanas? 45
`
`Ay
`
`By
`
`C.
`
`ellesed: Proteins ccacccascidevcadersanlten tear ate alssoeaaer a Rnaed 45
`
`-Allbeeed Twente 2. asic iccsidsicsadaiscdigaads ean sieadseadigiacasidevaniiacial evades 45
`
`The Examiner Did Not Consider or Analyze the Primary Prior Art
`References Presented in the Petition During Original Prosecution....50
`
`VUL.
`
`RoLATE CASUCTN: saensecensdoccnscaoker inci eay Baa deceeagsaneia aie eae: 51
`
`A,
`
`“cable modem” (Claim 1, Preamble) «. cscs scccs icssc scans sdacesesceedasnsssasoeseiaes 51
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 3
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 5 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 5 of 133
`
`B.
`
`CG.
`
`“frequency translation module” (Claims 1, 18) ..........c ec eeeceeeeeeeeeeees 52
`
`“slorageniodule” (Claims 1, U8) siccccc.cc.c,caccatanwessncacsesescamieransereceducsees 54
`
`IX.
`
`OVERVIEW OF THE PRIOR ART REFERENCES .......eeceeeseesteeeteeetteeees 55
`
`SS
`
`TELUS) EGLY 5 cacess conse cause ecyaceapnscicch tes nu ee Ri GRearaae OREM aIaE EAMES 55
`
`Be. AS CE, TOS TV ecorcdasieur er ecsontescedenaten desedsinersveadaweses exten coreesvesdasearteetal 58
`
`Re,
`
`D.
`
`ERE CR, LOUISVics cei ssccszosensoncnsdsenisecasreensasaunndsnberhina csewsianasantontannetgaeer’ 59
`
`DOCSIS References (Goldberg (Ex. 1007), Thacker (Ex. 1008)).....61
`
`Be} Saa CEE. AS} cssrcoevievr ater mneverntlineeennpndewitreriean 62
`
`F.
`
`Cr.
`
`Applicant Admitted Prior Art (“AAPA”) ooo. cccccceccseceeeenteesstreesssneeees 63
`
`IMITIAL To CTS 5c aasts cn ce vies ood sdnndatsixas bees chiadekeadesinnniaeviteadsiiues 64
`
`l.
`
`2s
`
`as
`
`Ground 1: Hulkko in View of GiDSOD.L.......c cece ceteeneneeeeteneerenees 64
`
`Ground 2: Gibson in View Of SchiltZ..... cess seneeeeseereneeeenees 66
`
`“Cable Modest" s..iainiuvsawusw dm auunnuieeiinainniuuman dient 68
`
`SPECIFIC GROUNDS FOR PETITION. .iscccssecsesecsseccosesennsseavevesssseesenseneays 70
`
`A.—Ground I: Claims 1, 12, 15, and 17 are Obvious Over Hulkko in
`PTR OE ATIcect paceneeasieenapsiciceay sattenneegraebamaccenengeanbacinaaseenestneesateaegne 70
`
`l.
`
`CSIR hop ces isda taeda one und astardble dr in dace aden tee eile 70
`
`(a)
`
`(b)
`
`(c)
`
`Element [1 preamble]: “A cable modem for down-
`converting an electromagnetic signal having complex
`MOAULATIONS, COMPTISING”..........ccecccecseseseccecseesseeeeeeseeaeees 70
`
`Element [1A]: “an oscillator to generate an in-phase
`SPALLLITTBUTTE sg vvseervoeas Varner evecy su erpraanasaveation ve vesRgwast v2
`
`Element [1B]: “a phase shifter to receive said in-
`phase oscillating signal and to create a quadrature-
`phase oscillating signal”ou... ccccccccccesessceeeesessteeeeessaaes 73
`
`ill
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 4
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 6 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 6 of 133
`
`(d)
`
`(e)
`
`(f)
`
`(g)
`
`(h)
`
`(j)
`(k)
`
`Element[1C]: “a firstfrequency down-conversion
`module to receive the electromagnetic signal and said
`in-phase oscillating signal’’...........ccccccccssssseceeesssreeeeeeees 76
`
`Element[1D]: “a secondfrequency down-conversion
`module to receive the electromagnetic signal and said
`quadrature-phaseoscillating signal’...........eeeseeseeeeeees 77
`
`Element[1]: “wherein said first frequency down-
`conversion module further comprisesa first
`frequency translation MOdUILe”......cccccecssccessseeseseteensneees 78
`Element [1 F]: “and afirst storage module”.......ccccccc0s 80
`
`Element[1G]: “wherein said first frequency down-
`conversion module samples the electromagnetic
`signal at a rate that is a function of said in-phase
`oscillating signal, thereby creating a first sampled
`BIE oe ecdeenanereuapenesieSbanenreqnnrenaprarepresorgeyetrsespesenoenset 81
`
`Element[1H]: “said second frequency down-
`conversion module further comprises a second
`frequency translation MOdUIe”...iiccecccssssssssesssetsseessees 83
`Element[11]: “and a second storage module”’..........:00 83
`
`Element [1J]: “wherein said second frequency down-
`conversion module samples the electromagnetic
`signal at a rate that is a function of said quadrature-
`phase oscillating signal, thereby creating a second
`SOE SUcoe Aerpsoves en ace vod ores enya 83
`
`2
`
`As
`
`Claim 12: “The cable modem of claim 1, wherein said
`sampled signalis a first information output signal, and
`said second sampled signal is a second information output
`RAeIDetIE"S1s conesahanoatetcaensamabendeapio’e tous a¥s a oes ste; sh ahaa: aapemeidaaqnereeusumuemde aie ohans 84
`
`Claim 15: “The cable modem of claim 1, further
`comprisinga first filter recetving said first sampled signal
`and outputting a first filtered signal, and a secondfilter
`receiving said second sampledsignal and outputting a
`SSRIied TRStelTLL cerei Sesetnteitl estrone etn raedsinnmaaian 85
`
`Ime
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 5
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 7 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 7 of 133
`
`4.
`
`Claim 17: “The cable modem of claim 1, wherein the
`electromagnetic signal has been transmitted by a wireless
`Method to The: cable MadeIn: ™ x. :ccndscecceiesacscchie maninedervnsseeteeh 86
`
`B.
`
`Ground II: Claims 1, 12-15, and 18-20 are Obvious Over Gibson
`Ti YTS a CULES oS cin otees eps Doatedice sanadesi ibe taibsy adee te Weshaneseaayeas Pretoate Goss 88
`
`l,
`
`CLAMII Ts sc sceeby ccs oa By esses colby ello vbe aes eletinebcattvan by edehona Go lona ade dirsslesde 88
`
`(a)
`
`(b)
`
`(d)
`
`(e)
`
`(f)
`
`(g)
`
`(h)
`
`(i)
`
`(j)
`
`Element[1 preamble]: “A cable modem for down-
`converting an electromagnetic signal having complex
`MDGUIATIONS, COUMPTISUME”sccci¢scsacjacdesagsesingesasadeniedasigscdees 88
`
`Element [1A]: “an oscillator to generate an in-phase
`Sscillatine SiOMel” j s..ccssvcrsdeenigensd sane ssved cdeczecanatdorsewsenesans 89
`
`Element [1B]: “a phase shifter to receive said 1n-
`phase oscillating signal and to create a quadrature-
`phase oscillating signal”............cccccscccessscseecesseseeeeesesneaee 90
`
`Element[1C]: “a firstfrequency down-conversion
`module to receive the electromagnetic signal and said
`in-phase oscillating signal’’..........cccccccccssscsseecesssseeeeeeees 91
`
`Element[1D]: “a secondfrequency down-conversion
`module to receive the electromagnetic signal and said
`quadrature-phaseoscillating signal’.............ccceeeeceeeeeees 94
`
`Element [1]: “wherein said first frequency down-
`conversion module further comprisesa first
`frequency translation MOdUIe”ooo. ccsccccicsssccesseesessesenseses 95
`Element [1F]: “and afirst storage module”......ccccccceee 96
`Element [1G]: “wherein said first frequency down-
`conversion module samples the electromagnetic
`signal at a rate that is a function of said in-phase
`oscillating signal, thereby creating a first sampled
`BESTIOEErca Pecdiectael eat sree eas tore chee abby tes oS 97
`
`Element[1H]: “said second frequency down-
`conversion module further comprises a second
`frequency translation MOdUIe” 0... .eccccccceccettteeeesseteestneees 99
`Element[11]: “and a second storage module’”’...........4. 100
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 6
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 8 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 8 of 133
`
`(k)
`
`Element[1J]: “wherein said second frequency down-
`conversion module samples the electromagnetic
`signal at a rate that is a function of said quadrature-
`phaseoscillating signal, thereby creating a second
`SOMOIESIGHAL?x. secasrecwerassaacecetisasnddseidanelcacaeiaeaindeenides 100
`
`Claim 12: “The cable modem of claim 1, wherein said
`sampled signalis a first information output signal, and
`said second sampled signal is a second information output
`TUTEpsi sacs ekeeisqstnas ehaand nade digas vtecagsaaaaidhastadaaapas win taba daagasdeaeaaaneas 102
`
`Claim 13: “The cable modem of claim 1, further
`comprising a first amplifier receiving said first sampled
`signal and outputting a first amplified signal, and a second
`amplifier recetving said second sampled signal and
`outputting a second amplified signal.”oe ceeeeneteeeeeeeeee 103
`
`Claim 14: “The cable modem of claim 13, further
`comprisinga first filter recerving said first amplified
`signal and outputting a first filtered signal, and a second
`filter receiving said second amplified signal and outputting
`St RECOM TMSSUTie casa deen os aavavee Gates vineacdtzenana rcdeaptanestacanations 104
`
`Claim 15: “The cable modem of claim 1, further
`comprisinga first filter recerving said first sampled signal
`and outputting a first filtered signal, and a secondfilter
`receiving said second sampledsignal and outputting a
`Receiicl tliereal Micrel"cs s:cecontveiessenosere sasresers overeanarienmaeemeneasers 104
`
`Claim 17: “The cable modem of claim 1, wherein the
`electromagnetic signal has been transmitted by a wireless
`method to the cable MOdeM.” oo... eccseeseseseseteteteteteesesesesesseeneees 104
`
`2;
`
`3
`
`4.
`
`S,
`
`6.
`
`Bs
`
`AC SIPULI (UR fa Joa nace ssepesene seaceoesemeassiepeerape'eeuceaper ence sarasamma suse reaps raceme anernensmasstedy 105
`
`(a)
`
`Element [18A]: “The cable modem ofclaim 1,
`wherein said first frequency translation module
`comprises a first switch coupled to said first storage
`module, and said second frequencytranslation
`module comprises a second switch coupled to said
`second sforage MOMUIEC”’.......issccccinscssnsesseuntsdaseadeanndensedins 105
`
`i»
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 7
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 9 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 9 of 133
`
`(b)
`
`(c)
`
`Element [18B]: “and wherein said first frequency
`down-conversion module further comprisesa first
`control signal generator coupled to said first switch
`and coupled to receive said in-phaseoscillating
`BAGELocx teecacsmndebagsssecrscneveansadaaaidarenieseeteganciaaarventcveaehiaed 105
`Element [18C]: “and said second frequency down-
`conversion module further comprises a second
`control signal generator coupled to said second
`switch and coupled to receive said quadrature-phase
`OSCatinS SLOMAN.sick. iisccasccetieacsesddsdiaspaiedencadisanediaies ined 105
`
`8.
`
`9.
`
`Claim 19: “The cable modem of claim 18, wherein each of
`said first and second switches comprises: a first port; a
`second port; and a third port.” .....cccccecceccsescscscsescscscscscavavsrsvansveres 106
`
`Claim 20: “The cable modem of claim 19, wherein said
`first port of said first switch receives the electromagnetic
`signal, said secondport of said first switch receives a first
`control signal generated by said first control signal
`generator, and said third port of said first switch is coupled
`to said first storage device, and wherein said first port of
`said second switch receives the electromagnetic signal,
`said second port of said second switch receives a second
`control signal generated by said second control signal
`generator, and said third port of said second switch is
`coupled to said second storage AeVICE.”vn. ccccccceseseteteteeenenene 107
`
`ee eeNL ceca scl cae acm teal Sate vendo ceases Ga cai guetta 107
`
`il*
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 8
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 10 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 10 of 133
`
`1.
`
`QUALIFICATIONS
`
`1.
`
`I, Matthew B. Shoemake, Ph.D., submit this declaration in support of
`
`TCL Industries Holdings Co., Ltd., ZyXEL Communications Corp., and Hisense
`
`Co., Ltd. (“Petitioners”) Petition for inter partes review (“IPR”) of claims1, 12,
`
`13, 14, 15, 17, 18, 19, 20 (‘the challenged claims”) of USPN 7,292,835 (“the ’835
`
`patent”) (Ex. 1001).
`
`I understand that the ’835 patent is currently owned by
`
`ParkerVision,Inc., (“Patent Owner’).
`
`Zi:
`
`I have been asked to provide my opinion aboutthestate of the art of
`
`the technology described in the 835 patent and on the patentability of certain
`
`claims ofthis patent.
`
`Ds
`
`The statements herein include my opinions andthe basesfor those
`
`opinions, whichrelate to the following documents:
`
`
`Exhibit
`
`Description
`
`1001
`
`U.S. Patent No. 7,292,835 (“the ‘835 patent’)
`
`U.S. Patent No. 4,672,117 (‘Gibson’)
`
`1003
`
`Excerpts of ’835 patent File History
`
`1004
`
`U.S. Patent No. 5,734,683 (“Hulkko’’)
`
`1005
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 9
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 11 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 11 of 133
`
`1006
`
`US. Patent No. 5,339,459 (“Schiltz’)
`
`L. Goldberg, “MCNS/DOCSIS MACClears a Path for the Cable-
`Modem Invasion,” Electronic Design; Dec. 1, 1997; 45, 27;
`Materials Science & Engineering Collection pg. 69 (“Goldberg’’)
`
`USPN 6,011,548 (“Thacker’’)
`
`
`ITU-T J.83b Recommendation (April 1997) (“ITU-T J.83b”)
`
`
`(W.D. Tex. January 26, 2021)
`
`Declaration of Brenda Ray
`
`Claim Construction Order, Parker Vision v. Intel, 20:cv-00108-ADA
`
`4.
`
`Although I am being compensated for my time at a rate of $670 per
`
`hour in preparing this declaration, the opinions herein are my own.
`
`I| have no stake
`
`in the outcomeof this IPR proceeding. My compensation does not depend in any
`
`way on the outcomeof Petitioner’s petition or this IPR proceeding.
`
`a
`
`I graduated magna cum laude from Texas A&M University in 1994
`
`upon earning two bachelor’s degrees, one in Electrical Engineering and one in
`
`Computer Science. While at Texas A&M I took several classes on analog and RF
`
`design including the use of switched capacitors. I also took digital signal
`
`processing at Texas A&M.
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 10
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 12 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 12 of 133
`
`6.
`
`I also earned a master’s degree and a Ph.D. in Electrical Engineering
`
`from Cornell University in 1997 and 1999, where my studies focused on
`
`communications systems, communication protocols, and information theory. While
`
`at Cornell I also was a teachingassistant for digital signal processing courses.
`
`ee
`
`I have almost 30 years of experience in a variety of technologies and
`
`industries related to communications systems. From 1991 to 1995, I worked as an
`
`intern in the Digital Signal Processing Group at Texas Instruments, Inc. in
`
`Stafford, Texas. I worked on both product engineering and applications
`
`engineering projects. Our DSP chips were used in a variety of products including
`
`wired and wireless communication systems.
`
`8.
`
`I was on the founding team of Alantro Communications, Inc.
`
`(“Alantro”), a manufacturer of semiconductor productsthat relate to
`
`communication systems. While employed by Alantro, I served as an engineer and
`
`engineering managerin the development of an HDSL2 modem,a cable modem,a
`
`2.4 GHz cordless phone, and Wi-Fi technologies. During that time, I was
`
`responsible for developing the digital baseband portions of physical layers; the
`
`portion of a communication system that is responsible for transmitting information
`
`over a physical medium, such as wire, fiber, or air; and successfully decoding the
`
`information at the receiver. I also worked on standardized interface technologies
`
`such as Ethernet (802.3) and USB. Myteam at Alantro worked on and pioneered
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 11
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 13 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 13 of 133
`
`Wi-Fi technology, which wasthe foundation of the Wi-Fi productline offered by
`
`Texas Instruments. Texas Instruments acquired Alantro in 2000.
`
`oe
`
`After Texas Instruments acquired Alantro, I becamethe director of the
`
`Wireless Networking Branch in the Texas Instruments DSP Solutions R&D Center
`
`from 2000 to 2003. While managerof this group, I developed technologies for
`
`increasing throughput and quality of service in communications networks, I also
`
`worked with sister organizations including DSL and cable modem teamsto
`
`integrate W1-Fi into products such as home gateways.
`
`10.
`
`In 2003, I founded WiQuest Communications, Inc. and was the CEO
`
`from 2003 to 2008. At WiQuest, I developed and sold the world’s first wireless
`
`docking system for notebook computers and the world's first | Gbps ultra
`
`wideband chipset. Our products contained RF and analog circuitry for modulating
`
`and demodulating high-speed signals transmitted wirelessly.
`
`11.
`
`From 2008 to 2018 I was the CEO and Founderof Biscotti Inc., which
`
`designs high-definition, W1-Fi-based video calling systems for the home and
`
`office. Biscotti was founded in 2008 for the purpose of enabling consumer-based
`
`video calling in the home. Biscotti’s products were awarded the 2012 CES
`
`Innovation award and have been featured on television’s The View as well as in
`
`numerous publications including The Financial Times, The Dallas Morning News,
`
`Mashable, EE Times, USA Today, PC World and Engadget. Biscotti cameras
`
`TCL, Hisense & ZyXel
`Ex. 1002
`
`Page 12
`
`

`

`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 14 of 133
`Case 6:20-cv-00945-ADA Document 33-23 Filed 08/23/21 Page 14 of 133
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`provided secure audio/video communication. Biscotti’s cameras performed audio
`
`and video processing and includedinterfaces such as HDMI, W1-Fi, Ethernet and
`
`IR. Biscotti products also use interchip communication technologies such as USB,
`
`I2C and 12S.
`
`12.
`
`Beginning in 2008, companies began calling on meto serve as an
`
`expert in patentlitigation. I have testified in numerouscasesrelated to
`
`communication networks as well as standards. After working as a sole proprietor
`
`for many years, I incorporated Peritum LLC in 2016.
`
`I continue my expert
`
`consulting work via Peritum today.
`
`13.
`
`I participated in the IEEE 802.11 standards development process
`
`between 1998 and 2004, including, but not limited to, through myparticipation in
`
`the IEEE 802.1 1a, IEEE 802.11b, IEEE 802.11g, IEEE 802.1 le, IEEE 802.111 and
`
`IEEE 802.11n standards developmentprocesses.
`
`I also made numerous
`
`presentations to the participants in the groups that developed the IEEE 802.11b,
`
`802.11g and 802.11n amendments. Based on those submissions, technologies of
`
`which I am an inventor were ultimately adopted into the IEEE 802.11b and
`
`802.11g amendments.
`
`14.
`
`Ihave personal experience with standard-setting meeting and with
`
`rules governing the conduct of meetings at standards-setting bodies. For example,
`
`I was a voting memberof the IEEE 802.11 Working Group duringcritical votes
`
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`that were taken during the 802.1 1a, b, g, e, 1, and n standards development
`
`processes. In September of 1999, I organized and hosted the IEEE 802.11
`
`Working Group meeting in Santa Rosa, California, the meeting at which IEEE
`
`802.11a (now Wi-Fi |) and IEEE 802.11b (now Wi-Fi 2) wereratified. In January
`
`of 2001, I organized and hosted the IEEE 802.11 Working Group meeting in
`
`Dallas, Texas. I have continued to actively monitor the 802.11 development
`
`process throughthe years and periodically attend meetingstoday.
`
`15.
`
`Ihave years of experience with the rules and practices for chairing
`
`standard-setting meetings during the standardization process. Having heavily
`
`participated in the IEEE 802.11b standardization process, I was elected by the
`
`membership of the 802.11 Working Group to chair a Study Group to develop a
`
`high-rate extension to the IEEE 802.11b amendment, which ultimately became the
`
`IEEE 802.11g amendment (now Wi-Fi 3). This Study Group evolved into a Task
`
`Group (known as Task Group G, or TGg), which I also chaired.
`
`16. As Chairperson of Task Group G, I was responsible for leading all of
`
`the activities of Task Group G,including, amongotherthings, ensuring
`
`compliance with standard-setting rules, processes, and procedures, including patent
`
`policies; being knowledgeable in both the standards process and parliamentary
`
`procedure; setting goals and deadlines; developing and publishing meeting
`
`agendas; calling meetings; entertaining motions; ensuring fairness in discussions,
`
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`including mediating discussions and seeking consensus; managing balloting;
`
`prioritizing work to best serve the group andits goals; fulfilling financial reporting
`
`requirements as appropriate; reporting on TGgstatus, work, and activities to the
`
`full 802.11 Working Group; interfacing with other Task Group chairs as
`
`appropriate; and delegating and assigning functions and subtasks of the group. I
`
`was the Chair of TGg from inception throughratification of the IEEE 802.11g
`
`amendment in 2003.
`
`17.
`
`In 2003, I was elected by the IEEE 802.11 Working Group members
`
`to be the Chairperson of the 802.1 1n Task Group (now Wi-Fi 4). In early 2004 I
`
`stepped down as chair of IEEE 802.11n to take a CEO position.
`
`18.
`
`Iam an inventor of technology that was adoptedas part of the 802.11
`
`standard (e.g., PBCC), including the 802.11b and 802.11g amendments.
`
`19.
`
`Myfamiliarity with digital signal processing, communication systems
`
`and analog and RF design began while I was an undergraduate at Texas A&M
`
`University in College Station between 1989 and 1994. Further, during my
`
`undergraduate studies I was an intern at Texas Instruments’ Digital Signal
`
`Processor (DSP) group in Stafford, Texas. Texas Instruments’ DSP chips were
`
`used in multiple applications, including wireless digital communication systems.
`
`Mystudy of communication theory continued from 1994 to 1999 while I was a
`
`graduate student at Cornell University.
`
`TCL, Hisense & ZyXel
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`Page 15
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`20.
`
`Ihave actively programmed computers for over 40 years, having
`
`started programming in BASIC circa 1982. My programming expertise includes
`
`BASIC, C, C++, Pascal, Java, Swift, assembly languages, HTML, Matlab, UNIX
`
`shell scripts, and hardware description languages (HDL).
`
`21.
`
`Based on mystudy and work experience, I am aware of a wealth of
`
`workthat relates to communication systems, protocols, standards and interfaces.
`
`Examples of previous work I am familiar with include channel access protocols,
`
`the OSI and TCP/IP networking models, datagram/frame/packet formatting
`
`techniques, automatic repeat request (ARQ) techniques, handshakes, RTS/CTS,
`
`detection and estimation theory, capabilities signaling, information theory
`
`including theoretical channel capacities and source coding, forward error control
`
`(FEC), IEEE 802.1, IEEE 802.3, IEEE 802.11, video communications, audio
`
`communications, general purpose and specialized processors, Bluetooth, CAN,
`
`USB, wireless USB, I2C, 12S, UARTs, DSL, cable modems, AM radio, FM radio,
`
`DVB, NSTC, ATSC, MPEG, MP3, h.264, binary convolutional codes, Reed
`
`Solomon codes,trellis codes, low-density parity-check codes, color space
`
`conversions, QAM, BPSK, QPSK, SSB, frequency translation, DC offset, carrier
`
`offset, LPC-10, G.711, G.722 and AAC.
`
`I am also familiar with variousfile
`
`formats including vCards, JSON, XML, and HTMLaswell as databases.
`
`TCL, Hisense & ZyXel
`Ex. 1002
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`Page 16
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`22.
`
`Ihave authored numerous publicationsin the field of wireless
`
`technology, including “Low Peak-to-Average Ratio Channel Estimation Sequences
`
`for MultiBand OFDM Systems” in EE Times, “High Performance Wireless
`
`Ethernet” in IEEE Communications Magazine, and variousotherarticles in IEEE
`
`publications.
`
`I have presented papers at many IEEEandother meetings.
`
`I
`
`organized and hosted the September 1999 IEEE 802.11 meeting in Santa Rosa,
`
`California and the January 2002 meeting in Dallas, Texas. In March 2019 I gave
`
`an invited lecture as part of Texas A&M University’s Distinguished Speaker
`
`Series. The lecture was on the topic of LDPC coding for robust communication
`
`networks.
`
`I was recognized as a “leader and innovator” and recognized for my
`
`“many accomplishments as a researcher leader and scholar.”
`
`23.
`
`The IEEE 802.11g Task Group that I chaired recetved the Technology
`
`Excellence award in 2003 from PC Magazinefor the protocols incorporated in the
`
`IEEE 802.11g amendment developed under my leadership.
`
`24.
`
`Companies I have founded won CES Innovations Awards in 2008 and
`
`2012 for OFDM-basedwireless technology and W1-Fi connected cameras,
`
`respectively.
`
`25.
`
`[amanamedinventor onat least thirty-four patents.
`
`26.
`
`I served on the External Advisory Committee of the Texas A&M
`
`University Department of Electrical and Computer Engineering from 2006 to 2020.
`
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`Page 17
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`27. A full list of my qualifications and experienceis contained in my CV,
`
`which I attached as an Appendix to this report.
`
`Il. MATERIALS REVIEWED
`
`28. My opinions are based on years of education, research and experience,
`
`as well as investigation and study of relevant materials. In forming my opinions, I
`
`have considered the materials identified in this declaration, including the Exhibits
`
`mentioned above.
`
`29.
`
`I may rely upon these materials and/or additional materials to respond
`
`to arguments raised by the Patent Owner. I may also consider additional documents
`
`and information in forming any necessary opinions—including documentsthat
`
`may not yet have been provided to me.
`
`30.
`
`Myanalysis of the materials produced in this proceeding is ongoing
`
`and I will continue to review any new material as it is provided. This declaration
`
`represents only those opinions I have formed to date. I reserve the rightto revise,
`
`supplement, and/or amend my opinionsstated herein based on new information
`
`and on my continuing analysis of the materials already provided.
`
`Il.
`
`PERSON OF ORDINARYSKILL IN THE ART
`
`31.
`
`Ihave been informed that the ’835 patent andits claims, as well as the
`
`prior art, are interpreted the way a hypothetical person having ordinary skill in the
`
`relevant art would have interpreted these materials at the time of the invention.
`
`I
`
`10
`
`TCL, Hisense & ZyXel
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`Page 18
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`understand that the “time of the invention”in this IPR proceedingis the earliest
`
`“priority date” that the applicant for the °835 patent claimed in the United States
`
`Patent & Trademark Office (“USPTO”). Here, the face of the patent indicates that
`
`the application claimspriority to a provisional patent application filed January 28,
`
`2000. As mentioned above, I was conducting research in the relevant
`
`technological field at that time.
`
`32.
`
`In determining the characteristics of a person of ordinary skill in the
`
`art at the time of the claimed invention, I considered several things, including the
`
`factors discussed below,as well as (1) the levels of education and experienceof the
`
`inventor and other persons actively working in the relevantfield; (2) the types of
`
`problems encountered in the field; (3) prior art solutions to these problems; (4) the
`
`rapidity in which innovations are made; and (5) the sophistication of the relevant
`
`technology.
`
`I also placed myself back in the relevant time period and considered
`
`the individuals that I had worked with in the field.
`
`33.
`
`It is my opinion that a person having ordinary skill in the relevant art
`
`at the time of the invention (“POSITA”’) would have been someone with at least an
`
`undergraduate degree in electrical engineering or a related subject and two or more
`
`years of experiencein the fields of communication systems, signal processing
`
`and/or RF circuit design. Less work experience may be compensated bya higher
`
`level of education, such as a master’s degree.
`
`11
`
`TCL, Hisense & ZyXel
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`Page 19
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`34.
`
`[understand that a person of ordinary skill in the relevantart is a
`
`hypothetical person who is assumedto be aware ofall the pertinent information
`
`that qualifies as prior art. He or she is a person of ordinary creativity, not an
`
`automaton. He or she makes inferences and takes creative steps. In addition, a
`
`person of ordinary skill recognizes that prior art items may have obvious uses
`
`beyond their primary purposes, and in manycases he or she will be ableto fit the
`
`teachings of multiple pieces of prior art together like pieces of a puzzle.
`
`35.
`
`lam preparedto testify as an expertin this field and also as someone
`
`who hadat least the knowledge of a person having ordinary skill in the art at the
`
`time of the claimed invention, and someone who worked with others that had at
`
`least the knowledge of a person having ordinary skill in the art at the time of the
`
`alleged invention.
`
`36. Unless otherwise stated, my statements below refer to the knowledge,
`
`beliefs and abilities of a person having ordinary skill with respect to the arts
`
`relevant to the 835 patent at the time of the claimed invention.
`
`IV.
`
`STANDARDS OF ANTICIPATION AND OBVIOUSNESS
`
`37.
`
`lLoffer no opinions on the law. However, I have developed an
`
`understanding of several legal principles regarding invalidity of patent claims, and
`
`other relevant legal issues. I have applied this understanding in arriving at my
`
`stated opinions and conclusionsin this declaration.
`
`12
`
`TCL, Hisense & ZyXel
`Ex. 1002
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`Page 20
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