throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`PATENT: 8,064,919
`
`INVENTOR: FUKUOKA ET AL.
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`TITLE: RADIO COMMUNICATION BASE STATION DEVICE AND
`CONTROL CHANNEL ARRANGEMENT METHOD
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`
`
`DECLARATION OF PAUL MIN, PH.D.
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`I.
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`INTRODUCTION
`1.
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`I, Paul Min, Ph.D., make this declaration on behalf of BlackBerry
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`Corp. (“BlackBerry” or “Petitioner”) in connection with the petition for inter partes
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`review of U.S. Patent No. 8,064,919 (“the ’919 patent,” attached as Exhibit 1001 to
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`the petition). I am over 21 years of age and otherwise competent to make this
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`declaration. Although I am being compensated for my time in preparing this
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`declaration, the opinions herein are my own, and I have no stake in the outcome of
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`the inter partes review proceeding.
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`II. QUALIFICATIONS
`2.
`I received a B.S. degree in Electrical Engineering in 1982, an M.S.
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`degree in Electrical Engineering in 1984, and a Ph.D. degree in Electrical
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`Engineering in 1987 from the University of Michigan in Ann Arbor. I received
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`several academic honors, including my B.S. degree with honors, a best graduate
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`student award and a best teaching assistant award during my M.S. study, and a best
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`1
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`BlackBerry Exhibit 1003, pg. 1
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`paper award from a major international conference for reporting results from my
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`Ph.D. thesis.
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`3.
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`After receiving my Ph.D., I worked at Bellcore in New Jersey from
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`August 1987 until August 1990. At Bellcore, I was responsible for evolving the
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`public switched telephone network (POTS) into a multi-services voice and data
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`network that incorporated packet switches, optical technologies, and wireless
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`technologies.
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`4.
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`In September 1990, I joined the faculty at Washington University in
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`St. Louis. In July 1996, I was promoted to an Associate Professor of Electrical
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`Engineering with tenure. I am currently a Senior Professor at Washington
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`University of the Electrical and Systems Engineering. I have also served as the
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`Chair of the Graduate Curriculum (2000-2002) and the Chair of the Undergraduate
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`Curriculum (2011-2014) for the Electrical and Systems Engineering department.
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`5.
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`At Washington University, I have conducted research in
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`communication, computing, and related electronic hardware and software. My
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`research group has pioneered a new paradigm for designing electronic circuits that
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`can alleviate the speed and performance mismatch against optical technology. I
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`have received several grants from the U.S. Federal Agencies, including the
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`National Science Foundation and the Defense Advanced Research Project Agency,
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`and numerous contracts from companies and organizations around the world.
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`2
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`BlackBerry Exhibit 1003, pg. 2
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`Specifically related to the technology matters in this litigation, I have researched a
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`variety of wireless communication technologies, including LTE, LTE-A, CDMA,
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`WCDMA, OFDM, FDD, SC-FDMA, and TDD. I have an extensive background
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`and experience in each of these technologies.
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`6.
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`As a faculty member at Washington University, I have taught a
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`number of courses in electronics, communication, and computing at both the
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`undergraduate and graduate levels. For example, I have taught communication
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`theory (Washington University ESE 471), transmission and multiplexing
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`(Washington University ESE 571), and signaling and control of communication
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`networks (Washington University ESE 572).
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`7.
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`I have supervised a number of undergraduate and graduate students,
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`12 of whom received a doctoral degree under my guidance. Many of doctoral
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`theses that I have supervised relate specifically to wireless cellular technology. In
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`particular, my students and I have published a number of peer-reviewed articles on
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`resource allocation, scheduling, modulation, mobility management, and
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`multiplexing. Several of these articles received accolades in the field. For example,
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`in 2011, we received a best paper award in 3G WCDMA-related mobility and
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`resource management at the prestigious Mobility 2011 international conference.
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`8.
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`In addition to my responsibilities as a university faculty member, I
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`have founded two companies. In May 1997, I founded MinMax Technologies, Inc.,
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`
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`3
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`BlackBerry Exhibit 1003, pg. 3
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`a fabless semiconductor company that developed switch fabric integrated circuit
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`chips for the Internet. In March 1999, I founded Erlang Technology, Inc., a fabless
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`semiconductor company that focused on the design and development of integrated
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`circuit chips and software for the Internet. One of Erlang’s products received a best
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`product of the year award in 2004 from a major trade journal for the electronics
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`industry.
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`9. While at Erlang and MinMax, I prototyped several different versions
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`of Radio Network Controller (RNC), Serving GPRS Support Node (SGSN), and
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`Gateway GPRS Support Node (GGSN). As these devices are highly specialized
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`routers and/or switches, I have incorporated in the prototypes various components I
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`have designed (e.g., switch fabrics, network processors, and packet classifiers) as
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`well as the customized protocol stacks required to perform functions required to
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`these devices.
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`10. Outside my own start-up companies, I have also served in various
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`technology and business advisor roles for other companies and organizations
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`around the world. I was the main technical author for one of two winning proposals
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`to the Korean government for CDMA wireless service licenses (1996). I was
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`responsible for designing a commercial scale IS-95 CDMA cellular network,
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`which I understand to be one of the earliest such networks deployed in the world. I
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`worked with numerous engineers and scientists around the world to implement this
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`4
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`BlackBerry Exhibit 1003, pg. 4
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`commercial-scale cellular network before IS-95 CDMA was widely accepted. This
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`provided me with extensive insight into various components of CDMA technology,
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`which by and large are used in WCDMA network. I have also been involved in a
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`semiconductor company that specializes in semiconductor memories such as flash
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`EEPROMs as a board member and as a technical advisor (2007-2011).
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`11.
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`I am a member of and have been actively involved in a number of
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`professional organizations. For example, I have served as the Chair of the Saint
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`Louis Section of the IEEE with more than 3,000 members (2014), and a member of
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`the Eta Kappa Nu Honor Society for electrical engineers. I have also been an
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`Ambassador of the McDonnell International Scholars Academy (2007-2013).
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`12.
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`In my nearly 30 years of experience with telecommunications
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`technology, I have acquired significant knowledge about telecommunications
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`systems industry standards, standard setting organizations such as 3GPP, and the
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`rules and document policies that those organizations have in place to develop
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`industry standards.
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`13.
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`I am a named inventor on nine U.S. patents, many of which are
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`directly related to resource allocation, packet processing, and network designing. I
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`have extensively published technical papers in international conferences and
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`journals, technical memoranda and reports, and given a number of seminars and
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`invited talks. Many of these papers are specifically within the context of the 3GPP
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`5
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`BlackBerry Exhibit 1003, pg. 5
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`standard. I have organized several international conferences and served as an
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`international journal editor.
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`14. My qualifications and publications are set forth more fully in my
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`curriculum vitae attached as Appendix A.
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`III. MATERIALS CONSIDERED
`15.
`I have read the ’919 patent and its prosecution history (attached as
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`Exhibits 1001 and 1002, respectively, to the petition). I have also reviewed NEC
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`Group, “Downlink ACK/NACK Mapping for E-UTRA,” TSG-RAN WG1
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`Meeting #46bis, Seoul, Korea, October 9–13, 2006 (R1-062771) (“R1-062771,”
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`attached as Exhibit 1004 to the petition); Texas Instruments, “ACK/NAK Channel
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`Transmission in E-UTRA Downlink,” 3GPP TSG RAN WG1 Meeting #48, Saint
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`Louis, USA, February 12–16, 2007 (R1-070734) (“R1-070734,” attached as
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`Exhibit 1005 to the petition); NTT DoCoMo, Fujitsu, Mitsubishi Electric, NEC,
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`Sharp, Toshiba Corporation, “ACK/NACK Signal Structure in E-UTRA
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`Downlink,” 3GPP TSG RAN WG1 Meeting #47, Riga, Latvia, November 6–10,
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`2006 (R1-063326) (“R1-063326,” attached as Exhibit 1006 to the petition); and
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`CATT, TD-TECH, “LCR TDD: Structure and Coding for E-HICH,” 3GPP TSG
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`RAN WG1 Meeting #48, Saint Louis, USA, February 12–16, 2007 (R1-071137)
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`(“R1-071137,” attached as Exhibit 1007 to the petition).
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`
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`6
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`BlackBerry Exhibit 1003, pg. 6
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`16.
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`I am very familiar with the 3GPP organization’s practices based on
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`my experience and involvement in the organization. Since my involvement in
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`deploying one of the earliest CDMA-based cellular networks in Korea in mid
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`1990s, I have followed closely all of the major 3GPP releases. I have done
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`extensive research in the 3GPP technology and published numerous peer reviewed
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`papers on these topics. Although I have not been a member of the 3GPP
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`organization - as few, if any, professors like myself would be, I have interacted
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`closely with many members of the 3GPP (including my former students). I have
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`frequently advised these 3GPP members on various issues related to the 3GPP
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`standards. I have also consulted (and continuously do so) a number of 3GPP
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`technology companies such as Korea Telecom, Ericsson, LG Electronics, Hansol
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`Telecom, NTT DoCoMo, etc. Moreover, through my own startup companies, I
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`have developed and implemented a number of products and solutions that have
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`been used in the 3GPP networks.
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`17.
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`It is the 3GPP organization’s practice to ensure that the “Discussion
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`and Decision” and “Tdocs” documents for conferences are made available to the
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`interested public prior to the conference’s commencement. The 3GPP organization
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`would publicly disseminate the documents by emailing the documents to all
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`persons that are registered as members of the particular group. People in the
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`scientific community rely on the accuracy and public release of the documents on
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`
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`7
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`BlackBerry Exhibit 1003, pg. 7
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`the 3GPP website for their research and engineering activities. Additionally, the
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`3GPP organization would publicly disseminate the documents by posting the
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`documents on their publically accessible website (http://www.3gpp.org/). Thus,
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`R1-062771, R1-070734, R1-063326, and R1-071137 would have been made
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`publically available by October 9, 2006; February 12, 2007; November 6, 2006;
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`and February 12, 2007, respectively.
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`18. Those dates of public availability are consistent with the upload
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`information that I observed on the 3GPP FTP site: R1-062771was uploaded onto
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`the publically accessible 3GPP FTP site on October 4, 2006. (Ex. 1007). R1-
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`063326 was uploaded onto the publically accessible 3GPP FTP site on November
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`2, 2006. (Ex. 1008). R1-070734 was uploaded onto the publically accessible 3GPP
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`FTP site on February 6, 2007. (Ex. 1009). R1-071137 was uploaded onto the
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`publically accessible 3GPP FTP site on February 18, 2007. (Ex. 1009).
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`19. Based on my knowledge and experience with the 3GPP organization’s
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`practices for publically disseminating conference documents, the R1-062771, R1-
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`063326, and R1-070734 documents cited in the petition (Exs. 1004–1006) would
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`have been made available to the extent that persons interested and ordinarily
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`skilled in the subject matter or art, exercising reasonable diligence, could locate it
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`by at least the date of the conference listed on the front of the respective document.
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`
`
`8
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`BlackBerry Exhibit 1003, pg. 8
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`20.
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`I also went onto the 3GPP website and verified that the R1-062771,
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`R1-063326, and R1-070734 documents cited in the petition (Exs. 1004–1006) are
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`true and accurate copies of the documents.
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`IV. UNDERSTANDING OF THE LAW
`21. For the purposes of this declaration, I have been informed about
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`certain aspects of patent law that are relevant to my analysis and opinions, as set
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`forth in this section of my declaration.
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`A. A Person Having Ordinary Skill in the Art
`22.
`I understand that the disclosure of patents and prior art references are
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`to be viewed from the perspective of a person having ordinary skill in the art at the
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`time of the alleged invention (“PHOSITA”). Unless I state otherwise, I provide my
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`opinion herein from the viewpoint of a person having ordinary skill in the art at the
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`earliest alleged priority date for the ’919 patent, which I have been informed is
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`March 23, 2007.
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`23. The ’919 patent pertains to the field of mobile communication
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`networks.
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`24.
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`In determining whom a person having ordinary skill in the art would
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`be, I considered the ’919 patent, the types of problems encountered in mobile
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`communications, the prior art solutions to those problems, the rapid pace of
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`innovation in the fields of mobile communications, the sophistication of mobile
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`
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`9
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`BlackBerry Exhibit 1003, pg. 9
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`communication networks, and the educational level of workers active in the field.
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`Based on these factors, I have concluded that a person having ordinary skill in the
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`art would have been someone with an undergraduate degree in electrical
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`engineering, computer science, or computer engineering, or a related field, and
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`around two years of experience in the design, development, and/or testing of
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`cellular networks or equivalent combination of education and experience.
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`B. Claim Construction
`25.
`I understand that “claim construction” is the process of determining a
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`patent claim’s meaning. I also have been informed and understand that the proper
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`construction of a claim term is the meaning that a person having ordinary skill in
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`the art would have given to that term.
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`26.
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`I understand that claims in inter partes review proceedings are to be
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`given their broadest reasonable interpretation in light of the specification, which is
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`what I have done when performing my analysis in this declaration.
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`C. Anticipation
`27.
`I understand that a patent claim is unpatentable as anticipated if a
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`person having ordinary skill in the art would have understood a single prior art
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`reference to teach every limitation of the claim. The disclosure in a reference does
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`not have to be in the same words as the claim, but all of the requirements of the
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`claim must be described in enough detail, or necessarily implied by or inherent in
`
`
`
`10
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`BlackBerry Exhibit 1003, pg. 10
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`the reference, to enable a person having ordinary skill in the art looking at the
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`reference to make and use at least one embodiment of the claimed invention.
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`D. Obviousness
`28.
`I understand that a patent claim is unpatentable as obvious if the
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`subject matter of the claim as a whole would have been obvious to a person having
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`ordinary skill in the art as of the time of the invention at issue. I understand that the
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`following factors must be evaluated to determine whether the claimed subject
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`matter is obvious: (1) the scope and content of the prior art; (2) the difference or
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`differences, if any, between the scope of the claim of the patent under
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`consideration and the scope of the prior art; and (3) the level of ordinary skill in the
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`art at the time the patent was filed.
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`29.
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`I understand that prior art references can be combined to reject a claim
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`under 35 U.S.C. § 103 when there was an apparent reason for one of ordinary skill
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`in the art, at the time of the invention, to combine the references, which includes,
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`but is not limited to: (A) identifying a teaching, suggestion, or motivation to
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`combine prior art references; (B) combining prior art methods according to known
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`methods to yield predictable results; (C) substituting one known element for
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`another to obtain predictable results; (D) using a known technique to improve a
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`similar device in the same way; (E) applying a known technique to a known device
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`ready for improvement to yield predictable results; (F) trying a finite number of
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`
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`11
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`BlackBerry Exhibit 1003, pg. 11
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`identified, predictable potential solutions, with a reasonable expectation of success;
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`or (G) identifying that known work in one field of endeavor may prompt variations
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`of it for use in either the same field or a different one based on design incentives or
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`other market forces if the variations are predictable to one of ordinary skill in the
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`art.
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`30. Moreover, I have been informed and I understand that so-called
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`objective indicia of non-obviousness (also known as “secondary considerations”)
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`like the following are also to be considered when assessing obviousness: (1)
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`commercial success; (2) long-felt but unresolved needs; (3) copying of the
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`invention by others in the field; (4) initial expressions of disbelief by experts in the
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`field; (5) failure of others to solve the problem that the inventor solved; and (6)
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`unexpected results. I also understand that evidence of objective indicia of non-
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`obviousness must be commensurate in scope with the claimed subject matter. I am
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`not aware of any objective indicia of non-obviousness for the ’919 patent.
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`V. BACKGROUND ON THE STATE OF THE ART
`31. Mobile communication systems include base stations and mobile
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`stations (also known as “User Equipment” or “UEs”). Communications from the
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`base station to the mobile station are referred to as “downlink” or “DL”
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`communications, whereas communications from the mobile station to the base
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`station are referred to as “uplink” or “UL” communications. Communications on
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`
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`12
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`BlackBerry Exhibit 1003, pg. 12
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`the DL or UL are limited by the amount of resources (e.g., frequency bandwidth
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`and time) available for the stations. In a mobile communication system that uses a
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`transmission scheme known as “Orthogonal Frequency-Division Multiplexing” or
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`“OFDM” the time and frequency domain are divided into chunks of resources
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`known as “resource blocks” or “RBs.” As shown below, each row in the resource
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`block is a “slot” or “symbol” and each column in the resource block is
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`“subcarrier”:
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`Frequency
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`
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`Time
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`
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`32. The example provided below schematically shows a 5 MHz UL
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`
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`bandwidth divided into 12 resource blocks or RBs:
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`(Ex. 1004, Figure 1, cropped). The available UL resource blocks are assigned to
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`
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`the various mobile stations by the base station. In order for the mobile station to
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`
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`13
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`BlackBerry Exhibit 1003, pg. 13
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`known which of the RB(s) it is assigned, the base station sends the mobile station
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`allocation information, which identifies the RB(s) provided to the mobile station
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`for use based on the index number(s) of the RB(s).
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`33. Base stations send mobile stations “control” information that controls
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`the communication flow between the base and mobile stations by identifying a
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`variety of parameters that regulate the communication flow. One piece of control
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`information that is sent from the base station to the mobile station is a response
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`message, which indicates the success or failure of a data transmission from the
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`mobile station to the base station. The response signal can be either an “ACK,”
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`which is a positive acknowledgement, or a “NACK,” which is a negative
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`acknowledgment.
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`34. After the mobile station transmits information to the base station on
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`the UL using its allocated RB(s), it awaits an ACK/NACK response signal from
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`the base station. But first, the mobile station must know where to find the response
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`signal on the DL. As the ’919 admits, it was known in the art to associate the
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`assigned UL RB number to DL control channels that contain the response signal in
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`order to efficiently use DL communication resources. (Ex. 1001, 1:33–42).
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`Specifically, the ’919 patent references R1-010932 (Ex. 1006) as teaching this
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`method of associating the UL RBs with DL control channels containing the
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`response signals. (Ex. 1001, 1:49–51). In order to further improve the efficiency of
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`
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`14
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`BlackBerry Exhibit 1003, pg. 14
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`the DL communication resources, the DL control channels with the response
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`signals are multiplexed. Multiplexing techniques for DL communication resources,
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`such as code-division multiplexing (“CDM”) and frequency-division multiplexing
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`(“FDM”), were well known in the art. See generally, Ex. 1004. The ’919 patent
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`admits that it was known to use both CDM and FDM, individually or in a hybrid
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`CDM/FDM scheme, as methods for multiplexing response signals in the DL. (Ex.
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`1001, 1:43–48). Specifically, the ’919 patent references R1-070734 (Ex. 1005) as
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`teaching this method of CDM and FDM response signals. (Ex. 1001, 1:52–54).
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`35. The claims of the ’919 patent are a directed to a simple combination
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`of the above principles.
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`VI. THE ’919 PATENT
`36. The ’919 patent is generally directed to a mobile communication
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`system that performs the well-known practice of providing a response signal to a
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`mobile station. (Ex. 1001, 1:21–32, 2:46–67). As was well known in the art, the
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`’919 patent provides an exemplary UL resource that is divided into RBs.
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`(Ex. 1001, Figure 1). As was also known in the art, the DL response signals for
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`
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`each UL RB is correlated on a one-to-one relationship to the UL RBs (e.g., DL
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`response signal #1 is for UL RB#1). (Ex. 1001, Figure 3). The DL response
`15
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`BlackBerry Exhibit 1003, pg. 15
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`signals, which are mapped onto DL control channels, are then sent on the DL using
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`a hybrid CDM/FDM scheme. (Ex. 1001, 7:35–48). Specifically, as seen in figure 6,
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`consecutive pairs of DL control channels with the response signals are sent via
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`different frequency bands.
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`
`
`
`(Ex. 1001, Figure 6).
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`VII. CLAIM CONSTRUCTION
`37.
`In comparing the claims of the ’919 patent to the known prior art, I
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`have carefully considered the ’919 patent and its file history based upon my
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`experience and knowledge in the relevant field. In my opinion, the broadest
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`reasonable interpretation of the claim terms of the ’919 patent is generally
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`consistent with the terms’ ordinary and customary meaning, as a person having
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`ordinary skill in the art would have understood them. That said, for purposes of
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`this proceeding, I have applied the following constructions when analyzing the
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`prior art and the claims:
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`
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`16
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`BlackBerry Exhibit 1003, pg. 16
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`38. Hybrid ARQ Indicator Channel (HICH): Claims 6, 8, 15, and 17
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`recite the “hybrid ARQ indicator channel (HICH)” claim term. The specification
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`describes “hybrid ARQ indicator channel (HICH)” only once in the specification,
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`where it explains that it is a synonym for “ACK/NACK channels”:
`
`Further, the downlink control channels for transmitting response
`signals used in the explanation of the above embodiments are
`channels for feeding back ACK signals or NACK signals for mobile
`stations. For
`this reason,
`the downlink control channels for
`transmitting response signals may be referred to as “DCCHs
`(Dedicated Control Channels),” “ACK/NACK channels,” “response
`channels” and “HICH (Hybrid ARQ Indicator Channel).”
`(Ex. 1001, 21:63–22:3). This is consistent with the plain and ordinary meaning of
`
`the term “hybrid ARQ indicator channel (HICH).” Accordingly, a person of
`
`ordinary skill in the art would consider the broadest reasonable interpretation in
`
`light of the specification and prosecution history of “hybrid ARQ indicator channel
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`(HICH)” to be a DL control channel for transmitting a response signal that can also
`
`be referred to as a “DCCH (Dedicated Control Channel),” “ACK/NACK channel,”
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`or “response channel
`
`VIII. ANALYSIS
`39.
`It is my opinion that claims 1–18 are either anticipated by R1-062771
`
`or rendered obvious by R1-062771 in view of either R1-070734 or R1-063326. My
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`detailed analysis is provided below.
`
`
`
`17
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`BlackBerry Exhibit 1003, pg. 17
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`A. Claims 1–3, 5, 6, 10–12, 14, and 15 are Anticipated by R1-062771
`Claim 1[preamble]: “A mobile station apparatus comprising:”
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`40. The methods and operations described in R1-062771 necessarily
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`require “[a] mobile station apparatus.” R1-062771 discusses the flow of signals to
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`and from a UE or User Equipment. (Ex. 1004, pp. 1, 2). A person of ordinary skill
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`in the art would have known that a UE is mobile station.
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`Claim 1[a]: “a reception unit configured to receive, from a base station,
`allocation information indicating one or a plurality of allocated resource
`block(s) of uplink”
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`41. R1-062771 describes “receiv[ing], from a base station, allocation
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`information indicating one or a plurality of allocated resource block(s) of uplink.”
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`R1-062771 states that the DL control channel must contain “information on the
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`resource allocation.” (Ex. 1004, pp. 1, 2). R1-062771 provides an example were 12
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`users are allocated one RB each: “The structure in Figure 1 is designed to support a
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`maximum of 12 simultaneous users within 5 MHz (each user with one chunk) ….”
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`(Ex. 1004, p. 3). Accordingly, the allocation information provided by the base
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`station to the mobile stations would indicate that each mobile station is allocated
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`one chunk, or resource block. R1-062771 uses the terms “chunk” and “resource”
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`block interchangeably. (Ex. 1004, pp. 5–6). As shown below, a first mobile
`
`station’s allocation information would indicate that it is allocated resource block
`
`one (red) and a third mobile stations allocation information would indicate that it is
`
`allocated resource block three (yellow):
`
`
`
`18
`
`BlackBerry Exhibit 1003, pg. 18
`
`

`
`
`
`(Ex. 1004, Figure 1, cropped).
`
`42. The methods and operations described in R1-062771 necessarily
`
`require “a reception unit” in the mobile station apparatus. R1-062771 discusses a
`
`downlink control channel that is used to send signals from the base station to the
`
`mobile station. (Ex. 1004, pp. 1, 2). A person of ordinary skill in the art would
`
`have known that a mobile station must contain a reception unit because the
`
`reception unit is necessary for the mobile station to receive both allocation
`
`information and response signals (e.g., ACK/NACK). Without the ability to
`
`receive the allocation and response signals from the base station, the mobile station
`
`would be inoperable in the mobile communication system.
`
`Claim 1[b]: “the resource blocks being consecutive in a frequency
`domain”
`
`43. R1-062771’s resource blocks are consecutive in the frequency
`
`domain. R1-062771 shows the entire 5 MHz bandwidth being divided into
`
`consecutive RBs:
`
`
`
`
`
`
`
`Frequency
`
`19
`
`BlackBerry Exhibit 1003, pg. 19
`
`

`
`
`(Ex. 1004, Figure 1, cropped, annotated). R1-062771’s RB diagram is nearly
`
`identical to the ’919 patent’s RB diagram, the primary exception being the number
`
`of RBs depicted (12 in R1-062771 versus 8 in the ’919 patent):
`
`
`
`
`
`
`(Ex. 1001, Figure 1).
`
`Claim 1[c]: “a determination unit configured to determine a resource of
`downlink, to which a response signal transmitted from the base station
`is mapped, from an index of the allocated resource block based on the
`allocation information”
`
`44. R1-062771 describes “determin[ing] a resource of downlink, to which
`
`a response signal transmitted from the base station is mapped, from an index of the
`
`allocated resource block based on the allocation information.” In R1-062771, the
`
`method for determining the resource of DL to which the response signal is mapped
`
`depends on the multiplexing scheme used to transmit the response signals on the
`
`DL. R1-062771 provides three methods for mapping the ACK/NACK signals in
`
`the DL from the base station to the mobile station: (1) FDM Multiplexing of
`
`ACK/NACK, (2) Scatter Multiplexing of ACK/NACK, and (3) CDM Multiplexing
`
`of ACK/NACK. (Ex. 1004, pp. 2–9). With reference to the first method, FDM
`
`
`
`20
`
`BlackBerry Exhibit 1003, pg. 20
`
`

`
`multiplexing of ACK/NACK, R1-062771 describes the relationship between the
`
`index of the allocated resource block (i or j) and the downlink resource (Position)
`
`as follows:
`
`
`
`(Ex. 1004, p. 3).
`
`45. The methods and operations described in R1-062771 necessarily
`
`require “a determination unit” in the mobile station apparatus. As discussed above,
`
`R1-062771 describes the mobile station as being able to determine where the
`
`ACK/NACK is located in the DL control channels. (Ex. 1004, pp. 2, 3). A person
`
`of ordinary skill in the art would have known that a mobile station must contain a
`
`determination unit because the determination unit is necessary for the mobile
`
`station to be able locate the response signal (e.g., ACK/NACK) from the base
`
`station. Without the ability to determine the location of the response signal from
`
`the base station, the mobile station would be inoperable in the mobile
`
`communication system.
`
`
`
`21
`
`BlackBerry Exhibit 1003, pg. 21
`
`

`
`Claim 1[d]: “wherein: the indices of a plurality of the consecutive
`resource blocks are respectively associated with a plurality of the
`resources which are different in a frequency domain;”
`
`46. R1-062771 describes that “the indices of a plurality of the consecutive
`
`resource blocks are respectively associated with a plurality of the resources which
`
`are different in a frequency domain.” In the depicted example, R1-062771’s
`
`plurality of consecutive RBs includes RBs 6 and 7:
`
`
`
`Resource
`Block #6
`
`Resource
`Block #7
`
`
`
`
`(Ex. 1004, Figure 1, cropped, annotated ). As discussed above, the relationship
`
`
`
`between the indices of the plurality of resource blocks (i or j) and the plurality of
`
`resources (Position) is as follows:
`
`
`
`22
`
`
`
`BlackBerry Exhibit 1003, pg. 22
`
`

`
`(Ex. 1004, p. 3). The relationship between the indices of resource blocks and the
`
`DL resources results in resources of different frequencies for the respective
`
`resources associated with RBs 6 and 7:
`
`
`Resources Associated
`with the 6th RB
`
`Resources Associated
`with the 7th RB
`
`Frequency
`
`
`
`
`(Ex. 1004, Figure 1, annotated).
`
`Claim 1[e]: “the plurality of the resources are respectively comprised of
`a plurality of subcarrier groups which are inconsecutive in a frequency
`domain”
`
`47. R1-062771 describes that “the plurality of the resources are
`
`respectively comprised of a plurality of subcarrier groups which are inconsecutive
`
`in a frequency domain.” Specifically, R1-062771’s respective resources associated
`
`with RBs 6 and 7 are comprised of a plurality of subcarrier groups that are
`
`inconsecutive in the frequency domain, as shown below:
`
`
`
`23
`
`BlackBerry Exhibit 1003, pg. 23
`
`

`
`
`“SG” = Subcarrier Group
`
`Resources Associated
`with the 6th RB
`
`Resources Associated
`with the 7th RB
`
`SG
`SG GAP
`GAP
`
`SG
`SGGAP
`GAP
`
`SG
`SG
`GAP GAP
`
`Frequency
`
`
`
`
`(Ex. 1004, Figure 1, annotated). As seen in the annotated figure above, the
`
`subcarrier groups are inconsistent in the frequency domain because there are gaps
`
`in the subcarrier groups that contain the ACK/NACK signals.
`
`Claim 1[f]: “the response signal is mapped to the subcarrier group”
`
`48. R1-062771 discloses that “the response signal is mapped to the
`
`subcarrier group.” R1-062771 shows that the response signal to the sixth mobile
`
`station (brown) and to the seventh mobile station (orange) are mapped to their
`
`respective subcarrier groups as follows:
`
`
`
`24
`
`BlackBerry Exhibit 1003, pg. 24
`
`

`
`
`
`Response Signal to the
`6th Mobile Station
`
`Response Signal to the
`7th Mobile Station
`
`
`
`
`(Ex. 1004, Figure 1, annotated).
`
`Claim 2[a]: “The mobile station apparatus according to claim 1 further
`comprising a transmission unit configured to transmit data using the
`allocated resource block(s) based on the allocation information”
`
`49. R1-062771 describes “transmit[ing] data using the allocated resource
`
`block(s) based on the allocation information.” R1-062771 explains that the mobile
`
`station has “knowledge of the UL chunks used for the UL transmission ….” (Ex.
`
`1004, p. 2). R1-062771 explains that the mobile station transmits data using the
`
`“N” number of RBs that it was allocated by the base station. (Ex. 1004, pp. 2, 3).
`
`50. The methods and operations described in R1-062771 necessarily
`
`require “a transmission unit” in the mobile station apparatus. As discussed above,
`
`R1-062771 describes the mobile station as transmitting data using the allocated
`
`RB(s) based on the allocation information. (Ex. 1004, pp. 2, 3). A person of
`25
`
`
`
`BlackBerry Exhibit 1003, pg. 25
`
`

`
`ordinary skill in the art would have known that a mobile station must contain a
`
`transmission unit because the transmission unit is necessary for the mobile station
`
`to be able transmi

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