Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Facebook, Inc., Instagram LLC
`Petitioners
`
`v.
`
`Skky, LLC
`Patent Owner
`
`U.S. Patent No. 9,037,502
`
`TITLE: MEDIA DELIVERY PLATFORM
`
`DECLARATION OF TAL LAVIAN, PH.D.
`
`
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`Facebook's Exhibit No. 1002
`Page 1
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`TABLE OF CONTENTS
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`Page
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`I. 
`
`INTRODUCTION AND QUALIFICATIONS .............................................. 1 
`A.  Qualifications and Experience ............................................................. 1 
`B.  Materials Considered ............................................................................ 5 
`PERSON OF ORDINARY SKILL IN THE ART ......................................... 7 
`II. 
`III.  RELEVANT TECHNOLOGY BACKGROUND ......................................... 8 
`A. 
`Cellular Telephones .............................................................................. 8 
`B. 
`Compression of Digital Media ........................................................... 12 
`C. 
`Digital Signal Processors ................................................................... 12 
`D.  Orthogonal Frequency-Division Multiplexing (OFDM) ................... 15 
`IV.  THE ’502 PATENT ...................................................................................... 24 
`A. 
`The Specification ................................................................................ 24 
`B. 
`The Claims of the ’502 Patent ............................................................ 26 
`V.  APPLICATION OF THE PRIOR ART TO THE CLAIMS ........................ 27 
`A. 
`Brief Description and Summary of the Prior Art ............................... 29 
`1. 
`Brief Summary of Rolf [Ex. 1003] .......................................... 29 
`2. 
`Brief Summary of Fritsch [Ex. 1062] ...................................... 32 
`3. 
`Brief Summary of Yukie [Ex. 1004] ....................................... 34 
`4. 
`Brief Summary of Gatherer [Ex. 1005] ................................... 35 
`5. 
`Brief Summary of Frodigh [Ex. 1006] ..................................... 36 
`6. 
`Brief Summary of O’Hara [Ex. 1061] and Tagg [Ex.
`1060] ........................................................................................ 37 
`Claims 1-3 and 7 ................................................................................. 42 
`1. 
`Independent Claim 1 ................................................................ 42 
`a. 
`“storing a library of compressed digital audio
`and/or visual files on one or more servers” (Claim
`1[a]) ................................................................................ 46 
`“providing to a cell phone a representation of at
`least a portion of the library of compressed digital
`audio and/or visual files” (Claim 1[b]) .......................... 47 
`
`B. 
`
`b. 
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`TABLE OF CONTENTS
`(continued)
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`Page
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`
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`c. 
`
`d. 
`
`e. 
`
`“receiving a request from the cell phone for at least
`one of the compressed digital audio and/or visual
`files stored on the one or more servers” (Claim
`1[c]) ................................................................................ 48 
`“providing the one or more requested compressed
`digital audio and/or visual files to the cell phone
`and wherein the cell phone comprises a receiver
`and one or more processors including a digital
`signal processor and is configured for receiving
`and processing files transmitted by orthogonal
`frequency-division multiplex modulation” (Claim
`1[d]) ............................................................................... 49 
`“tracking the selection of the requested
`compressed digital audio and/or visual files”
`(Claim 1[e]) ................................................................... 62 
`Dependent Claim 2: “The method of claim 1, further
`comprising storing the one or more compressed digital
`audio and/or visual files on the cell phone.” ............................ 66 
`Dependent Claim 3: “The method of claim 1, further
`comprising playing back the one or more of said
`compressed digital audio and/or visual files selected by
`the user on the cell phone.” ...................................................... 67 
`Dependent Claim 7: “The method of claim 1, wherein
`said compression algorithm is MP3.” ...................................... 68 
`Dependent Claim 5: “The method of claim 1, wherein said
`compressed digital audio and/or visual file is a personal
`recording or video recorded by a user of the cell phone.” ................. 69 
`D.  Alternative Ground Based on O’Hara and Tagg ................................ 75 
`VI.  ENABLEMENT OF THE PRIOR ART ...................................................... 84 
`VII.  CONCLUSION ............................................................................................. 87 
`
`2. 
`
`3. 
`
`4. 
`
`C. 
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
`
`I, Tal Lavian, Ph.D., declare as follows:
`
`I.
`
`INTRODUCTION AND QUALIFICATIONS
`A. Qualifications and Experience
`1.
`I have more than 25 years of experience in the networking,
`
`telecommunications, Internet, and software fields. I received a Ph.D. in Computer
`
`Science, specializing in networking and communications, from the University of
`
`California at Berkeley in 2006 and obtained a Master’s of Science (“M.Sc.”)
`
`degree in Electrical Engineering from Tel Aviv University, Israel, in 1996. In
`
`1987, I obtained a Bachelor of Science (“B.Sc.”) in Mathematics and Computer
`
`Science, also from Tel Aviv University.
`
`2.
`
`I am employed by the University of California at Berkeley and was
`
`appointed as a lecturer and Industry Fellow in the Center of Entrepreneurship and
`
`Technology (“CET”) as part of UC Berkeley College of Engineering. I have been
`
`with the University of California at Berkeley since 2000 where I served as
`
`Berkeley Industry Fellow, Lecturer, Visiting Scientist, Ph.D. Candidate, and
`
`Nortel’s Scientist Liaison. I have taught several classes on wireless devices and
`
`smartphones. Some positions and projects were held concurrently, while others
`
`were held sequentially.
`
`3.
`
`I have more than 25 years of experience as a scientist, educator and
`
`technologist, and much of my experience relates to telecommunication, data
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
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`communications, and computer networking technologies. For eleven years from
`
`1996 to 2007, I worked for Bay Networks and Nortel Networks. Bay Networks
`
`was in the business of making and selling computer network hardware and
`
`software. Nortel Networks acquired Bay Networks in 1998, and I continued to
`
`work at Nortel after the acquisition. Throughout my tenure at Bay and Nortel, I
`
`held positions
`
`including Principal Scientist, Principal Architect, Principal
`
`Engineer, Senior Software Engineer, and led the development and research
`
`involving a number of networking technologies. I led the efforts of Java
`
`technologies at Bay Networks and Nortel Networks. In addition, during 1999-
`
`2001, I served as the President of the Silicon Valley Java User Group with over
`
`800 active members from many companies in the Silicon Valley.
`
`4.
`
`Prior to that, from 1994 to 1995, I worked as a software engineer and
`
`team leader for Aptel Communications, designing and developing wireless
`
`technologies, mobile wireless devices and network software products. I worked on
`
`development of two-way wireless OFDM technology, in the 915 MHz band, under
`
`the FCC part 15. The technology was a continuation of military research for low
`
`power, wideband OFDM to reduce wireless transmission detectability.
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
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`5.
`
`From 1990 to 1993, I worked as a software engineer and team leader
`
`at Scitex Ltd., where I developed system and network communications tools
`
`(mostly in C and C++).
`
`6.
`
`I have extensive experience
`
`in communications
`
`technologies
`
`including wireless technologies, routing and switching architectures and protocols,
`
`including Multi-Protocol Label Switching Networks, Layer 2 and Layer 3 Virtual
`
`Private Networks, and Pseudowire technologies. Much of my work for Nortel
`
`Networks (mentioned above) involved the research and development of these
`
`technologies. For example, I wrote software for Bay Networks and Nortel
`
`Networks switches and routers, developed network technologies for the Accelar
`
`8600 family of switches and routers, the OPTera 3500 SONET switches, the
`
`OPTera 5000 DWDM family, and the Alteon L4-7 switching product family. I
`
`wrote software for Java-based device management, including a software interface
`
`for device management and network management in the Accelar routing switch
`
`family’s network management system. I have also worked on enterprise Wi-Fi
`
`solutions, wireless mobility management, and wireless infrastructure.
`
`7.
`
`I am named as a co-inventor on more than 100 issued patents and I co-
`
`authored more than 25 scientific publications, journal articles, and peer-reviewed
`
`papers. Furthermore, I am a member of a number of professional affiliations,
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
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`including the Association of Computing Machinery (“ACM”) and the Institute of
`
`Electrical and Electronics Engineers (“IEEE”) (senior member). I am also certified
`
`under the IEEE WCET (Wireless Communications Engineering Technologies)
`
`Program, which was specifically designed by the IEEE Communications Society
`
`(ComSoc) to address the worldwide wireless industry’s growing and ever-evolving
`
`need for qualified communications professionals.
`
`8.
`
`From 2007 to the present, I have served as a Principal Scientist at my
`
`company TelecommNet Consulting Inc., where I develop network communication
`
`technologies and provide research and consulting in advanced technologies, mainly
`
`in computer networking and Internet technologies. In addition, I have served as a
`
`Co-Founder and Chief Technology Officer (CTO) of VisuMenu, Inc. from 2010 to
`
`the present, where I design and develop architecture of visual IVR technologies for
`
`smartphones and wireless mobile devices in the area of network communications.
`
`9.
`
`I have worked on wireless and cellular systems using a variety of
`
`modulation technologies including time-division multiple-access (TDMA), code-
`
`division multiple-access (CDMA), and orthogonal frequency-division multiplexing
`
`(OFDM). I have additionally worked on various projects
`
`involving
`
`the
`
`transmission and streaming of digital media content.
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
`
`10. The above outline of my experience with communications systems is
`
`not comprehensive of all of my experience over my years of technical experience.
`
`Additional details of my background are set forth in my curriculum vitae, attached
`
`as Exhibit A to this Declaration, which provides a more complete description of
`
`my educational background and work experience.
`
`11.
`
`I am being compensated for the time I have spent on this matter at the
`
`rate of $400 per hour. My compensation does not depend in any way upon the
`
`outcome of this proceeding. I hold no interest in the Petitioners (Facebook, Inc.
`
`and Instagram LLC) or the Patent Owner (Skky, LLC).
`
`B. Materials Considered
`12. The analysis that I provide in this Declaration is based on my
`
`education and experience in the telecommunications and information technology
`
`industries, as well as the documents I have considered, including U.S. Patent No.
`
`9,037,502 (“’502” or “’502 patent”) [Ex. 1001], which states on its face that it
`
`issued from an application filed on February 4, 2009, in turn claiming priority back
`
`to an earliest application filed on June 27, 2001. For purposes of this Declaration, I
`
`have assumed June 27, 2001 as the effective filing date for the ’502 patent. I have
`
`cited to the following documents in my analysis below:
`
`Exhibit No.
`1001
`
`Title of Document
`U.S. Patent No. 9,037,502 to John Mikkelsen et al.
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
`
`Exhibit No.
`1003
`1004
`1005
`
`1006
`1060
`1061
`
`1062
`
`Title of Document
`U.S. Patent No. 7,065,342 to Devon A. Rolf
`U.S. Patent No. 6,956,833 to Satoru Yukie et al.
`Alan Gatherer et al., DSP-Based Architectures for Mobile
`Communications: Past, Present and Future, IEEE Communications
`Magazine (January 2000)
`U.S. Patent No. 5,726,978 to Carl Magnus Frodigh et al.
`U.S. Patent No. 8,996,698 to James P. Tagg
`Bob O’Hara et al., 802.11 Handbook: A Designer’s Companion,
`IEEE Press (1999)
`U.S. Patent No. 6,233,682 to Bernard Fritsch
`
`
`
`13.
`
`I have also read the “Declaration of William H. Beckmann, Ph.D.,”
`
`dated June 14, 2016, in support of the Petition for Covered Business Method
`
`(CBM) Review of U.S. Patent No. 9,037,502 (“’502 patent”) (“Beckmann
`
`Declaration”). I am informed that the Beckmann Declaration was submitted by
`
`counsel for Facebook and Instagram in connection with a separate petition on the
`
`’502 patent. Although I agree with the opinions provided by Dr. Beckmann, I will
`
`provide my own discussion to emphasize points that I find pertinent to my analysis
`
`of the claims and the prior art addressed in this Declaration. To the extent the
`
`analysis in the Beckmann Declaration is informative or applicable to my opinions,
`
`I will refer to or incorporate it in my analysis below.
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
`II.
`
`PERSON OF ORDINARY SKILL IN THE ART
`14. Part III of the Beckmann Declaration includes a discussion of a person
`
`of ordinary skill in the art. I agree with the points made by Dr. Beckmann, but I
`
`will provide my own discussion to emphasize points that I find pertinent to my
`
`analysis of the claims and the prior art addressed in this Declaration.
`
`15.
`
`I understand that an assessment of claims of the ’502 patent should be
`
`undertaken from the perspective of a person of ordinary skill in the art as of the
`
`earliest claimed priority date, which I understand is June 27, 2001. In my opinion,
`
`a person of ordinary skill in the art as of June 2001 would have possessed at least a
`
`bachelor’s degree in computer science, computer engineering, or electrical
`
`engineering (or equivalent degree or experience) with at least four years of
`
`experience with wireless communications systems and at least two years of
`
`experience with the communication of digital media.
`
`16. My opinions regarding the level of ordinary skill in the art are based
`
`on, among other things, my over 25 years of experience in computer science and
`
`network communications, my understanding of the basic qualifications that would
`
`be relevant to an engineer or scientist tasked with investigating methods and
`
`systems in the relevant area, and my familiarity with the backgrounds of
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`colleagues, co-workers, and employees, both past and present.
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
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`17. Although my qualifications and experience exceed those of the
`
`hypothetical person having ordinary skill in the art defined above, my analysis and
`
`opinions regarding the ’502 patent have been based on the perspective of a person
`
`of ordinary skill in the art as of June 2001.
`
`III. RELEVANT TECHNOLOGY BACKGROUND
`18. Part IV of the Beckmann Declaration includes an overview of the
`
`underlying technology of the ’502 patent. Although I agree with Dr. Beckmann’s
`
`summary, I will provide my own overview to emphasize points that I find pertinent
`
`to my analysis of the claims and the prior art addressed in this Declaration.
`
`19. The ’502 patent, entitled “Media Delivery Platform,” purports to
`
`disclose and claim a system and method for delivering digital media files to an
`
`electronic device. (’502, Abstract.) In this section, I provide a brief background
`
`discussion on technologies pertinent to the ’502 patent prior to June 2001.
`
`A. Cellular Telephones
`20. Cellular phones (also known as “cell phones”) were well known prior
`
`to June 2001. The ’502 patent itself recognizes the existence of “commercially
`
`available cellular phone[s].” (’502, 14:34-35.) Cell phones included transmitters
`
`and receivers for transmitting and receiving over-the-air signals (e.g., radio
`
`frequency waves), which allowed cell phones to communicate wirelessly.
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
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`21. The first commercial cellular service was launched in 1979 in Japan,
`
`over 20 years before the earliest filing date to which the ’502 patent could claim
`
`priority. By the 1980s, cell phones were in widespread commercial use. For
`
`example, the Motorola “DynaTAC” cell phone was launched in the United States
`
`as early as 1983. Typical of early cell phones, the Motorola DynaTAC was
`
`designed to communicate over “1G” or “first generation” networks known as the
`
`Advanced Mobile Phone System (AMPS). Similar cellular phones and networks
`
`were also deployed in other countries throughout the 1980s.
`
`22. Networks designed for
`
`cell phones,
`
`such as AMPS
`
`mentioned above, are referred to as
`
`“cellular” networks because they
`
`utilize the concept of “cells.” A
`
`“cell” is a geographical region
`
`within which wireless coverage is
`
`provided by a corresponding base
`
`station
`
`or
`
`access
`
`point.
`
`Accordingly, the base station or
`
`access point
`
`enables wireless
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
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`communication between a cell phone (within the corresponding cell) and the rest
`
`of the world. This is shown in Figure 1 of U.S. Patent No. 5,726,978 to Carl
`
`Magnus Frodigh et al. (“Frodigh”) [Ex. 1006], reproduced above. (Frodigh, Fig. 1
`
`(highlighting added).) As shown, “[a]ssociated with and located within each of the
`
`cells C1-C10 is a base station designated as a corresponding one of a plurality of
`
`base stations B1-B10,” highlighted in pink above. (Id., 5:64-66.) The base
`
`stations include equipment enabling wireless communication with mobile stations
`
`(shown in green) within their respective cells. (Id., 5:66-6:1, 6:15-16.) Because a
`
`single base station may communicate with more than one mobile station at any
`
`given time, as shown in cells C1 and C4 above, “multiple access” techniques are
`
`employed that allow a base station’s communication bandwidth to be shared
`
`among multiple mobile stations. (See id., 7:51-63; Fig. 2.)
`
`23. Moreover, as shown in Figure 1 above, each base station is connected
`
`to a mobile station switching center (MSC) (shown in blue), which couples the
`
`cellular network to other networks (e.g., PSTN) via communication links such as
`
`cables or radio communication. These communication links can be based on
`
`PSTN services, ISDN, and other radio links. (Id., 6:33-47.) As Frodigh makes
`
`clear, the cellular phone and networking technique discussed above were “well
`
`known” prior to June 2001. (Id., 6:1, 6:42.) Various methods for providing
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
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`“multiple access,” such as TDMA, CDMA, and OFDM, were also well known.
`
`(EP 1039683 A2 [Ex. 1007], at ¶¶ 0002-08; U.S. Patent No. 5,815,488 [Ex. 1008],
`
`1:12-16, 3:38-42; see also Cheong Yui Won et al., A Real-time Sub-carrier
`
`Allocation Scheme for Multiple Access Downlink OFDM Transmission, IEEE
`
`(1999) [Ex. 1009]; Wonjong Rhee et al., Increase in Capacity of Multiuser OFDM
`
`System Using Dynamic Subchannel Allocation, IEEE (2000) [Ex. 1010].)
`
`24. Although cell phones were originally designed
`
`for voice
`
`communications, techniques were developed to allow them to transmit and receive
`
`non-voice data. For example, it was also well-known that cell phones could be
`
`used to download and playback digital media. The Background Art section of the
`
`’502 patent acknowledges, for example, the existence of cell phones that can play
`
`music in a compressed format such as MP3. (’502, 1:35-39.) Cell phones with
`
`media download and playback features are also discussed in prior art publications
`
`including EP 1033894 A2 [Ex. 1011], U.S. Patent No. 6,423,892 [Ex. 1012], U.S.
`
`Patent No. 7,065,342 to Devon A. Rolf (“Rolf) [Ex. 1003], and Alan Gatherer,
`
`DSP-Based Architectures for Mobile Communications: Past, Present and Future,
`
`IEEE Communications (Jan. 2000) (“Gatherer”) [Ex. 1005]. I discuss Rolf and
`
`Gatherer in detail in Parts V.A and V.B.1 below.
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
`B. Compression of Digital Media
`25.
`It was well known before June 2001 that digital media (e.g., audio and
`
`video) could be stored and transmitted in compressed form. Compression
`
`techniques enabled media files to be stored at a fraction of their original size,
`
`which provided advantages by allowing for more efficient use of storage mediums
`
`(e.g., computer hard drives) and network bandwidth.
`
`26.
`
`Indeed, the ’502 patent acknowledges the existence of “MP3” (’502,
`
`1:37, 24:7-8, 30:3), which is a standardized technique for compressing digital
`
`audio. (John Hedtke, MP3 and the Digital Music Revolution (1999) [Ex. 1013], at
`
`p. 1.) By 1999, MP3 had already become “enormously popular for distributing and
`
`exchanging songs and music.” (Id.) “The most popular way of finding MP3 files
`
`[was] through MP3 web sites. There [were] hundreds of MP3 web sites in
`
`existence that distribute MP3 files, software, news bulletins about MP3, and
`
`provide a forum for discussions by MP3 users.” (Id. at p. 37 (under “Getting MP3
`
`Files from Web Sites”).)
`
`C. Digital Signal Processors
`27. A digital signal processor, or “DSP,” is a specialized microprocessor.
`
`It can be programmed to perform a wide variety of computations, and is
`
`particularly suited for functions related to digital signal processing including
`
`numerical operations. Off-the-shelf DSPs including NEC’s µPD7720, TI’s
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
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`TMS32010, and Motorola’s DSP56000 had been available since at least the early
`
`1980s. And by the turn of the century, DSPs had become immensely popular. As
`
`explained in Gene Frantz, Digital Signal Processor Trends, IEEE Micro (2000)
`
`[Ex. 1014] (“Frantz”):
`
`The mass-storage industry depends on DSPs to produce hard-disk
`drives and digital versatile disc players. Ever-increasing numbers of
`digital subscriber line and cable modems, line cards, and other wired
`telecommunications equipments are based on DSPs. Digital still
`cameras, hearing aids, motor control, consumer audio gear such as
`Internet audio are just some of the many mass market applications in
`which DSPs are routinely found today. More specialized DSP
`applications include image processing, medical instrumentation,
`navigation, and guidance.
`
`(Id., at p. 52, left column.)
`
`28. The popularity of DSPs was driven by a number of factors, including
`
`their favorable size, performance, power consumption, and price. (Id., at p. 55, left
`
`column (“[I]n the 1990s, DSPs were entering the realm of price, performance, and
`
`power consumption making them appropriate for high-volume applications.”);
`
`Gatherer, p. 86, left column (“Architecture design, and process enhancements are
`
`producing new generations of processors that provide high performance while
`
`maintaining
`
`the
`
`low power dissipation necessary
`
`for battery-powered
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`Declaration of Tal Lavian, Ph.D. in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,037,502
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`applications.”).) Like many other computer technologies, DSPs only got better –
`
`and were expected to continue to get better – with time. (Gatherer, Figs. 3 & 4.)
`
`This is succinctly summarized in Table 1 in Frantz below.
`
`
`
`(Frantz, p. 55, Table 1.)
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`29. By the time of the alleged invention, DSPs were standard components
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`in cell phones. As explained in Frantz, “the entire digital wireless industry
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`operate[d] with DSP-enabled handsets.” (Id., p.  52, left column.) Gatherer
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`likewise described the presence of DSPs in cell phones as “pervasive.” (Gatherer,
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`at p. 84, left column.) DSPs provided much of the processing required, such as
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`modulation/demodulation and speech coding/decoding. (Id., Fig. 1.) And as their
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`processing power improved, DSPs were also considered for newer features
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`provided by cell phones, including the processing of “audio and visual
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`entertainment.” (Id., p. 89, left column; see also id. Fig. 7.) Moreover, it was well
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`known that DSPs were designed and optimized to process signals transmitted using
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`modulation techniques, including orthogonal frequency-division multiplexing
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`(OFDM), which I explain below.
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` (E. Lawrey, Multiuser OFDM, Fifth
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`International Symposium on Signal Processing and its Applications (Aug. 1999)
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`[Ex. 1015], at p. 761, left column (“[A] test hardware solution is presented using
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`SHARC® Digital Signal Processors (DSP) demonstrating the feasibility of a
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`simple multiuser OFDM system.”); U.S. Patent No. 5,732,113 (published Mar.
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`1998) [Ex. 1016], 4:26-44 (“DSP 100 performs a variety of operations on the in-
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`phase and quadrature samples of the received OFDM signal.”); U.S. Patent No.
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`6,711,221 (filed Feb. 2000) [Ex. 1017], 3:33-48.)
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`D. Orthogonal Frequency-Division Multiplexing (OFDM)
`30. Orthogonal frequency-division multiplexing, or “OFDM,”
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`is a
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`particular type of frequency-division multiplexing (“FDM”), which refers to a
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`technique in which discrete signals can be combined within a shared frequency
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`band used for communication.
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`31. The basic concept of FDM can be explained using the familiar
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`concept of FM radio, in which a user turns a radio receiver to a particular
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`frequency (e.g. 97.1 MHz) to listen to a radio broadcast. FDM divides up an
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`available frequency band (characterized by a particular “bandwidth”) into a
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`number of frequency “sub-bands,” sometimes referred to as “sub-channels.” To
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`reduce interference, these sub-bands usually do not overlap. To use the FM radio
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`example, FM radio stations use a frequency band that ranges from 87.5 to 108
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`MHz of the radio spectrum. By dividing the available bandwidth into sub-bands,
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`FDM allows multiple signals to be transmitted simultaneously because each sub-
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`band can carry a distinct signal. This is essentially how “frequency division
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`multiplexing” gets its name. FDM was used with the telegraph more than a
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`century ago and continues to be used in numerous applications including, as noted,
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`radio signals broadcast over the air.
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`32. OFDM is a more advanced variant of FDM. In broad overview,
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`OFDM differs from ordinary FDM in that OFDM uses frequency sub-bands that
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`overlap, but are centered at precise intervals and result in an “orthogonal” property,
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`in which the electromagnetic waves have reduced interference with each other.
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`The basic difference between conventional FDM and OFDM is illustrated in
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`Declaration of Tal Lavian, Ph.D. in Support of
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`U.S. Patent No. 9,037,502
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`Figure 1.10 of Richard Van Nee et al., OFDM for Wireless Multimedia
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`Communications (2000) [Ex. 1018] (“Van Nee”):
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`
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`(Van Nee, Fig. 1.10, at 22.) The top portion (a) of Figure 1.10 shows a
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`conventional FDM arrangement with 10 signal channels in which each channel
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`occupies a distinct frequency sub-band. The sub-bands in this example do not
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`overlap because each sub-band is separated by what is known as a “guard band,”
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`which is an unused portion of the bandwidth designed to reduce interference
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`between neighboring channels.
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`33. The bottom portion (b) of Figure 1.10 shows an OFDM arrangement
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`also having ten signal channels or sub-bands. As shown, the sub-bands overlap,
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`which obviates the need for a guard band and thus results in a more efficient use of
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`Declaration of Tal Lavian, Ph.D. in Support of
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`the available bandwidth. The spacing between the center frequencies of each sub-
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`band is precisely chosen such that the frequencies are “orthogonal” to each other, a
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`characteristic
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`that
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`reduces
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`interchannel
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`interference notwithstanding
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`the
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`overlapping nature of the sub-bands.
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`34. Because the sub-bands overlap in OFDM, a mathematical method
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`known as the fast Fourier transform (“FFT”) is performed at the receiver to
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`“demodulate” the OFDM signal to recover the individual signals carried within
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`each sub-band. (Van Nee, at 47 (“[T]he basic OFDM signal is formed using the
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`IFFT, adding a cyclic extension and performing windowing to get a steeper
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`spectral rolloff. . . . In the receiver, the subcarriers are demodulated by an FFT,
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`which performs the reverse operation of an IFFT.”).) As I noted above, digital
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`signal processors are well-suited for mathematical operations such as the FFT.
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`35. OFDM dates back as far as 1966 to a patent and technical paper by
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`Bell Labs inventor Robert W. Chang. (U.S. Patent No. 3,488,445 entitled
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`“Orthogonal Frequency Multiplex Transmission System” [Ex. 1019]; Chang,
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`R.W., Synthesis of band-limited orthogonal signals for multi-channel data
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`transmission, Bell Labs Technical Journal, no. 45, pp. 1775-1796 (Dec. 1966) [Ex.
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`1020].) By June 2001, the OFDM technique was well known those skilled in the
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`art. In fact, in 1996, the University of Hamburg began hosting an annual
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`conference known as the International OFDM Workshop, which, as its name
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`suggests, was specifically dedicated to OFDM technology. (Ex. 1021; Ex. 1022;
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`Ex. 1023.)
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`36. OFDM is well-suited to a shared frequency band such as the radio
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`spectrum used for wireless communication (approximately 3 Hz to 3 THz), which
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`includes frequency bands used by various cellular systems. Because OFDM
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`allows communication bandwidth to be shared by multiple signals (e.g., sent to
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`different cell phones), OFDM was known by 2000 as one of a number of “multiple
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`access” techniques that can be employed in cellular systems. (Rainer Grünheid et
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`al., Adaptive Modulation and Multiple Access for the OFDM Transmission
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`Technique, Wireless Personal Communications (May 2000) [Ex. 1024], Abstract
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`(“Since in OFDM the total bandwidth is divided into a large number of subcarriers,
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`it can be flexibly shared among all the users.”); see also EP 1039683 A2 [Ex.
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`1007], at ¶¶ 0001, 0008; Cheong Yui Won et al., A Real-time Sub-carrier
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`Allocation Scheme for Multiple Access Downlink OFDM Transmission, IEEE
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