UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`ERICSSON INC. (“ERICSSON”)
`
`Petitioner
`
`- vs. -
`
`INTELLECTUAL VENTURES II LLC (“INTELLECTUAL VENTURES”)
`
`Patent Owner
`
`U.S. Patent No. 8,682,357
`———————
`
`DECLARATION OF CRAIG BISHOP
`
`Ericsson v. IV II LLC
`Ex. 1015 / Page 1 of 263
`
`
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`ERICSSON INC. (“ERICSSON”)
`
`Petitioner
`
`- vs. -
`
`INTELLECTUAL VENTURES II LLC (“INTELLECTUAL VENTURES”)
`
`Patent Owner
`
`U.S. Patent No. 8,682,357
`———————
`
`DECLARATION OF CRAIG BISHOP
`
`Ericsson v. IV II LLC
`Ex. 1015 / Page 1 of 263
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`
`I.
`
`INTRODUCTION
`
`I, Craig Bishop, declare as follows:
`
`1.
`
`I have been retained as an independent expert witness on behalf of
`
`Ericsson Inc. (“Ericsson”) related to Inter Partes Review (“IPR”) of U.S. Patent
`
`No. 8,682,357 (“the ’357 patent”).
`
`2.
`
`I am being compensated for my work in this matter at my accustomed
`
`hourly rate. I am also being reimbursed for reasonable and customary expenses
`
`associated with my work and testimony in this investigation. My compensation is
`
`not contingent on the results of my study, the substance of my opinions, or the
`
`outcome of this matter.
`
`3.
`
`In the preparation of this declaration I have reviewed the exhibits
`
`referenced below, each of which is a type of material that experts in my field
`
`would reasonably rely upon when forming their opinions:
`
`1) R2-060905, Access procedure for TDD, CATT, RITT, 3GPP
`
`RAN1/RAN2 joint meeting on LTE, March 27 – March 31, 2006,
`
`available at: http://www.3gpp.org/ftp/tsg_ran/wg2_rl2/TSGR2_52/
`
`Documents/ (“R2-060905”) (Ex. 1007).
`
`2) R2-060988, PCH mapping and Paging control, CATT, 3GPP
`
`RAN1/RAN2 joint meeting on LTE, March 27 – March 31, 2006,
`
`Ex. 1015 / Page 2 of 263
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`available at: http://www.3gpp.org/ftp/tsg_ran/wg2_rl2/TSGR2_52/
`
`Documents/ (“R2-060988”) (Ex. 1005).
`
`3) R2-061014, Disucssion on LTE Paging and DRX, LG Electronics,
`
`Joint RAN WG1 and RAN WG2 on LTE, March 27 – March 31,
`
`2006, available at: http://www.3gpp.org/ftp/tsg_ran/wg2_rl2/
`
`TSGR2_52/Documents/ (“R2-061014”) (Ex. 1006).
`
`4) R1-050629, Inter-cell Interference Mitigation, Huawei, June 20 – June
`
`21, 2005, available at: http://www.3gpp.org/ftp/tsg_ran/wg1_rl1/
`
`TSGR1_AH/LTE_AH_0506/Docs/ (“R1-050629”) (Ex. 1008).
`
`5) 3GPP TR 25.813, V0.6.0, 2006-03, available at:
`
`https://portal.3gpp.org/desktopmodules/Specifications/
`
`SpecificationDetails.aspx?specificationId=1246 (Ex. 1013).
`
`6) Craig Bishop, Curriculum Vitae (Appendix A).
`
`7) 3GPP FAQs, available at: http://www.3gpp.org/about-3gpp/3gpp-faqs
`
`(Appendix B).
`
`8) Internet Archive Capture of the 3GPP FAQ webpage, available at:
`
`https://web.archive.org/web/20051225051904/http://www.3gpp.org/fa
`
`q/faq_2005_2.htm (Appendix C).
`
`9) 3GPP Webpage from Feb. 12, 2005, available at:
`
`Ex. 1015 / Page 3 of 263
`
`
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`https://web.archive.org/web/20050212152041/http://list.3gpp.org:80/
`
`(Appendix D).
`
`10) Quan, Haiyang, CATT contributions for the RAN1/RAN2 joint
`
`meeting, March 21, 2006, available at: https://list.etsi.org/
`
`scripts/wa.exe?A2=ind0603&L=3GPP_TSG_RAN_WG2&P=39601
`
`(Appendix E).
`
`11) R2-060905, Access procedure for TDD, CATT, RITT, 3GPP
`
`RAN1/RAN2 joint meeting on LTE, March 27 – March 31, 2006,
`
`available in R2-060905.zip at: https://list.etsi.org/scripts/
`
`wa.exe?A2=ind0603&L=3GPP_TSG_RAN_WG2&P=39601
`
`(Appendix F).
`
`12) Quan Haiyang, CATT contributions for RAN1/RAN2 JM, March 24,
`
`2006, available at: https://list.etsi.org/scripts/wa.exe?A2=ind0603&L=
`
`3GPP_TSG_RAN_WG2&P=77863 (Appendix G).
`
`13) R2-060988, PCH mapping and Paging control, CATT, 3GPP
`
`RAN1/RAN2 joint meeting on LTE, March 27 – March 31, 2006,
`
`available in R2-060988.zip at: https://list.etsi.org/scripts/
`
`wa.exe?A2=ind0603&L=3GPP_TSG_RAN_WG2&P=77863
`
`(Appendix H).
`
`Ex. 1015 / Page 4 of 263
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`14) SungJun Park, LG Contributions(2) on Joint Meeting in Athens, LG
`
`Electronics, March 21, 2006, available at:
`
`https://list.etsi.org/scripts/wa.exe?A2=ind0603&L=3GPP_TSG_RAN
`
`_WG2&P=46692 (Appendix I).
`
`15) R2-061014, Disucssion on LTE Paging and DRX, LG Electronics,
`
`Joint RAN WG1 and RAN WG2 on LTE, March 27 – March 31,
`
`2006, available in R2-061014.zip at:
`
`https://list.etsi.org/scripts/wa.exe?A2=ind0603&L=3GPP_TSG_RAN
`
`_WG2&P=46692 (Appendix J).
`
`16) Gaoke Du, Huawei Contributions on RAN1 LTE Ad hoc Meeting,
`
`Huawei, June 16, 2005, available at: https://list.etsi.org/scripts/
`
`wa.exe?A2=ind0506&L=3GPP_TSG_RAN_WG1&P=26850
`
`(Appendix K).
`
`17) R1-050629, Inter-cell Interference Mitigation, Huawei, June 20 –
`
`June 21, 2005, available in R1-050629.zip at:
`
`https://list.etsi.org/scripts
`
`/wa.exe?A2=ind0506&L=3GPP_TSG_RAN_WG1&P=26850
`
`(Appendix L).
`
`18) Benoist Sebire, [LTE] Updated TR 25.813, Nokia, March 15, 2006,
`
`Ex. 1015 / Page 5 of 263
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`available at: https://list.etsi.org/scripts/wa.exe?A2=ind0603&L=
`
`3GPP_TSG_RAN_WG2&P=25253 (Appendix M).
`
`19) 3GPP TR 25.813, V0.6.0, 2006-03, available in 25813 v060
`
`Changes.zip at: https://list.etsi.org/
`
`scripts/wa.exe?A2=ind0603&L=3GPP_TSG_RAN_WG2&P=25253
`
`(Appendix N).
`
`20) 3GPP TR 25.813, V0.6.0, 2006-03, available in 25813-060.zip at:
`
`http://www.3gpp.org/ftp/Specs/archive/25_series/25.813/
`
`(Appendix O).
`
`21) Meeting Notes of RAN Meeting #52, available in R2-061151 at:
`
`http://www.3gpp.org/ftp/tsg_ran/WG2_RL2/TSGR2_52/Report/
`
`(Appendix P).
`
`4.
`
`In forming the opinions expressed within this declaration, I have
`
`considered:
`
`1) The documents listed above;
`
`2) The reference materials cited herein; and
`
`3) My own academic background and professional experiences, as
`
`described below.
`
`Ex. 1015 / Page 6 of 263
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`
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`
`II. QUALIFICATIONS
`
`5.
`
`My complete qualifications and professional experience are described
`
`in my curriculum vitae, a copy of which is attached as Appendix A. The
`
`following is a summary of my relevant qualifications and professional experience.
`
`6.
`
`I earned my Bachelor of Electronic Engineering degree with Honors
`
`from Polytechnic of Central London in 1989. In 2005, I earned my MSC in
`
`Computer Science with Distinction from the University of Kent.
`
`7.
`
`After graduating with my first degree, I worked as an operations
`
`engineer at the British Broadcasting Corporation (BBC) for 4 years, then as a civil
`
`servant at the UK Radiocommunications Agency until 1996, during which time I
`
`became involved in telecommunications standardization in the European
`
`Telecommunication Standards Institute (“ETSI”), working in particular in
`
`Technical Committee TC RES 2 concerned with the standardization of Private
`
`Mobile Radio (PMR). From 1994 through 1996, I acted as Rapporteur for voice
`
`and data related PMR standards ETS 300 086, ETS 300 113, ETS 300 219 and
`
`ETS 300 390. I participated as the only TC RES 2 delegate on behalf of the UK
`
`Radiocommunications Agency, generating proposals in support of UK
`
`administration and business requirements, downloading and reviewing other
`
`meeting input documents, and proposing changes as necessary to ensure input
`
`documents and the resulting specifications were in line with said requirements.
`
`Ex. 1015 / Page 7 of 263
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`In 1996, I joined Samsung Electronic Research Institute as a Senior
`
`8.
`
`Standards Engineer where I worked for 16 years, eventually becoming Director of
`
`Standards and Industry Affairs in 2011. My work at Samsung mainly focused on
`
`the standardization of GSM/GPRS, UMTS, and LTE/EPS systems. Initially, I
`
`participated in ETSI Special Mobile Group (SMG) committees SMGI, SMG2,
`
`SMG4, SMG5, SMG9 and relevant UMTS related sub-committees until 1999,
`
`working on the air interface radio access network protocols, service, and terminal
`
`aspects of UMTS and GSM/GPRS. I was specifically involved in the ETSI SMG2
`
`meetings leading up to selection of WCDMA as the radio access technology for the
`
`Frequency Division Duplex mode of UMTS.
`
`9.
`
`From 1998, I worked as a Principal Standards Engineer on the 3rd
`
`Generation Partnership (3GPP) on UMTS, attending RAN1, RAN2, SA1, T2, and
`
`other working groups and plenary meetings covering the same technical aspects as
`
`in my previous work in ETSI. As examples, RAN1 was, and is, a working group
`
`responsible for the specification of the physical layer of various wireless cellular
`
`standards, and RAN2 was, and is, a working group responsible for signaling
`
`protocol layers residing just above the physical layer. As part of this work, I would
`
`prepare meeting contributions in support of Samsung’s research and development
`
`activities. Also, by way of preparation for each meeting, I would download all
`
`contributions and review those of interest to Samsung, and where necessary,
`
`Ex. 1015 / Page 8 of 263
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`prepare additional input to the meeting based on said review.
`
`10.
`
`From 2000, I acted as project manager and then system engineer
`
`providing technical requirements for the team working on Samsung’s UMTS
`
`modem development. This involved scrutiny of ongoing standardization work,
`
`particularly in 3GPP RAN2 and CT1, from which I would download, and assess
`
`the impact of, contributions on the development project, ensuring that the
`
`development team was kept informed about the latest developments as layers 2 and
`
`3 of the UMTS standard were stabilized.
`
`11. During this period, in addition to authoring and presenting technical
`
`contributions for the 3GPP standard, and producing technical requirements for the
`
`radio modem, I acted as rapporteur for 3GPP Technical Reports covering User
`
`Equipment (“UE”) capability requirements (3GPP TR 21.904) from 1999-2000,
`
`and the Evolution of the 3GPP System (3GPP TR 21.902) in 2003 (the first Study
`
`Item to consider the 3GPP system beyond UMTS towards LTE/EPS).
`
`12.
`
`In 2005, I became Head of Advanced Technologies, Standards and
`
`Regulation (ATSR) at Samsung. In addition to my managerial duties which
`
`included responsibility for four standards engineers attending RAN1, RAN2, and
`
`CT1 working groups, I continued to work on 3GPP standardization issues. From
`
`2005 until 2008 I worked in SA2, and from 2008 until 2011 in SA1. I also attended
`
`SA plenary meetings from 2008 until I left Samsung in 2013. As well as generating
`
`Ex. 1015 / Page 9 of 263
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`contributions in support of Samsung's research and development as preparation for
`
`each meeting, I would download and review documents from other 3GPP
`
`members, identifying and where necessary preparing additional contributions on
`
`those of interest to Samsung. The work required a sound working knowledge of the
`
`broader 3GPP system to ensure effective management of the ATSR team, effective
`
`participation in meeting discussions, assessment of third party contributions, and
`
`provision of implementation guidance to Samsung developers.
`
`13.
`
`From 2006 until the time I stopped attending SA1 meetings in 2011, I
`
`authored and presented over 100 contributions to SA2 and SA1 meetings at 3GPP
`
`and appeared as an author/co-author on 18 patent applications related to User
`
`Equipment operation in the IMS and the 3GPP Core Network.
`
`14.
`
`In 2011, I became Director of Standards and Industry Affairs at
`
`Samsung, and in November of that year I was elected to the Board of the ETSI on
`
`which I served for a term of 3 years until November 2014.
`
`15.
`
`Since leaving Samsung, I have become a member of ETSI, and as part
`
`of various projects undertaken, I have continued to regularly access the 3GPP and
`
`ETSI document servers, and to keep abreast of 3GPP and ETSI document handling
`
`practices.
`
`16.
`
`Through my extensive work on 3GPP standardization issues, I have
`
`Ex. 1015 / Page 10 of 263
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`become very familiar with 3GPP’s practices relating to making draft standards and
`
`standards contributions publicly available, including in the 2005-2006 timeframe.
`
`III.
`
`PUBLIC AVAILABILITY OF 3GPP STANDARDS PROPOSALS
`AND OTHER DOCUMENTS
`
`17. Based on my years of experience working in various capacities on
`
`3GPP standards issues, I am familiar with the regular business practices of the 3rd
`
`Generation Partnership Project (“3GPP”) relating to technical documents including
`
`standards proposals. 3GPP is a global initiative partnership that unities seven 3GPP
`
`Organizational Partners from Asia, Europe and North America, the Association of
`
`Radio Industries and Businesses (ARIB) and Telecommunication Technology
`
`Committee (TTC) from Japan, the China Communications Standards Association
`
`(CCSA) from China, the Telecommunications Standards Development Society
`
`(TSDSI) from India, the Telecommunications Technology Association (TTA) from
`
`Korea, the European Telecommunications Standards Institute (ETSI), and the
`
`Alliance for Telecommunications Industry Solutions (ATIS) from the United
`
`States. The remainder of my declaration focuses on activities in the 2005-2006
`
`timeframe, particularly prior to May 2006, unless stated otherwise.
`
`18. One goal of 3GPP is to provide its members with an environment to
`
`produce reports and specifications that define technologies covering cellular
`
`telecommunications networks, including User Equipment or Mobile Device (UE)
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`Ex. 1015 / Page 11 of 263
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`technologies, Radio Access Network (RAN) technologies, Core Network (CN)
`
`technologies, and service and system capabilities—including work on codecs,
`
`security, and quality of service. The specifications also provide hooks for
`
`interworking with non-3GPP networks including Wi-Fi networks.
`
`19.
`
`The technical specifications developed by 3GPP were, and are,
`
`contribution-driven by the 3GPP member companies and the many individual
`
`participants from these companies. In the 2005-2006 timeframe, there were at
`
`least dozens of companies that were members of 3GPP. At the time of the
`
`documents referenced in the present report, 3GPP was divided four Technical
`
`Specification Groups (TSGs). Three of those were (and still are in 2018)
`
`responsible for UMTS and LTE: Radio Access Networks (RAN), Service &
`
`Systems Aspects (SA), and Core Networks & Terminals (CT). The fourth, GSM
`
`EDGE Radio Access Networks (GERAN), was responsible for evolution of the
`
`GSM radio technology until its closure in 2016 when the work was transferred to a
`
`RAN working group (RAN6). The Working Groups within the TSGs met regularly
`
`and had quarterly plenary meetings where member companies’ contributions, draft
`
`specifications / reports, and other documents that had been agreed by the working
`
`groups were presented for approval.
`
`20.
`
`Prior to each meeting, members of the working group prepared
`
`technical documents (“TDocs,” also referred to as “contributions”). For example,
`
`Ex. 1015 / Page 12 of 263
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`TDocs were prepared to identify, discuss, and/or propose a new feature or
`
`change(s) to an existing feature or to identify a technical issue for discussion.
`
`According to the 3GPP FAQs (available at http://www.3gpp.org/about-3gpp/3gpp-
`
`faqs and attached as Appendix B), “any bona fide representative of any 3GPP
`
`Individual Member ... can present a technical contribution - for example, a Change
`
`Request - to any 3GPP TSG or WG meeting.” (Appendix B, p. 7). This was also
`
`the practice during 2005-2006. Each TDoc was uploaded to a public file server for
`
`public viewing prior to the meeting listed on the TDoc that indicates the meeting in
`
`which the TDoc was intending to be discussed.
`
`21.
`
`The documents were assigned a number and then uploaded to a public
`
`file server in an area allocated to the particular working group, where they became
`
`publicly available. (Appendix B, p. 8). The documents were publicly available
`
`immediately upon upload. (Id.). Specifically, “TDoc numbers start to be allocated
`
`some weeks before a 3GPP meeting, and the authors then create [the TDocs] and
`
`they or the group’s secretary uploads them to the public file server as soon as
`
`possible.” (Id.). Although attendance of 3GPP meetings was generally limited to
`
`3GPP members, the public would have been made aware of meeting dates and
`
`times on 3GPP’s website and could download and access the contribution
`
`documents and other documents offered for discussion as soon as they were
`
`uploaded to 3GPP’s server. “No password is needed to access any information
`
`Ex. 1015 / Page 13 of 263
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`Declaration of Craig Bishop
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`on the 3GPP Web site, all information is openly published.” (Id.). This was
`
`also the practice during 2005-2006.
`
`22.
`
`This practice is confirmed by an Internet Archive capture of the 3GPP
`
`FAQ webpage from the relevant time of my experience (Appendix C)
`
`(https://web.archive.org/web/20051225051904/http://www.3gpp.org/faq/faq_2005
`
`_2.htm). In the FAQ, under the “Documents and Meetings” heading, and in
`
`response to the question “Where can I download documents for an upcoming
`
`meeting?,” the webpage confirms that “[e]ach meeting invitation will contain
`
`details of where the documents are stored for the meeting” and that meeting
`
`documents were available for download prior to the meeting date, stating that “[i]t
`
`is advisable for delegates attending a meeting to download the documents available
`
`prior to the meeting from the ftp server and onto their personal computers.”
`
`23.
`
`The public file server provides at least two mechanisms to determine
`
`when the document was uploaded and thus made publicly available. First, when a
`
`document was uploaded, the file server automatically assigned the document a
`
`time stamp, an accurate and automatically computer-generated electronic record of
`
`when the document was uploaded, as part of the regular business practices of
`
`3GPP. “[T]he time stamp of the Zip file [of the TDoc] can be relied upon to
`
`indicate when the upload occurred.” (Appendix B, p. 9). Second, “[t]he zip file for
`
`a TDoc typically contains a Word file which has its own date/time-stamp, which
`
`Ex. 1015 / Page 14 of 263
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`Declaration of Craig Bishop
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`puts an absolute limit on the earliest moment that the TDoc could have become
`
`available in that form.” (Appendix B, p. 8). The time stamp of the document
`
`contained in a zip file is an accurate electronic record of when the document was
`
`last modified.
`
`24.
`
`In some working groups, including RAN1 and RAN2 in 2005-2006,
`
`the submitter would send the document via email to the TSG or WG using an email
`
`exploder, so that it would be immediately available to interested parties and could
`
`be subsequently uploaded to the publicly accessible server by the working group
`
`secretary. The email exploder efficiently acted as an email alias that distributed
`
`emails, e.g., having attached TDocs, to all the subscribers to the email list. There
`
`were hundreds of subscribers to the RAN1 and RAN2 email reflectors/exploders.
`
`The people that subscribed were typically engineers, such as myself, that were
`
`interested in following and/or participating in 3GPP standards development and/or
`
`that were interested in keeping abreast of new ideas being submitted in TDocs.
`
`The subscriber list typically included all those persons who planned to attend an
`
`upcoming meeting where a TDoc may be discussed. Anyone could subscribe to
`
`the RAN1 or RAN2 email reflectors if they provided a name and e-mail address,
`
`and the email reflectors were well-known among persons interested in following or
`
`participating in the development of wireless cellular standards. The typical
`
`practice among people who were to attend an upcoming meeting was to review and
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`Ex. 1015 / Page 15 of 263
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`Declaration of Craig Bishop
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`form opinions about the ideas in TDocs and their potential impact on the standard
`
`and on the user and the network equipment. The email exploders for RAN1 and
`
`RAN2 provided an efficient way for contributors to quickly and efficiently
`
`disseminate TDocs and provided a forum for email discussion about TDocs where
`
`desired.
`
`25. Attached as Appendix D is a link to a 3GPP webpage from Feb. 12,
`
`2005 (https://web.archive.org/web/20050212152041/http://list.3gpp.org:80/),
`
`archived at the Internet Archive, that lists the number of subscribers to the
`
`RAN_WG1 (RAN1) email list as “777 subscribers” and the number of subscribers
`
`to the RAN_WG2 (RAN2) email list as “909 subscribers.” (Emphasis in original.)
`
`This web archive is consistent with my recollection that there were over a hundred
`
`subscribers to the RAN1 and RAN2 email exploders.
`
`26.
`
`Submitters were on notice that uploading a document and its
`
`distribution via the email exploder resulted in public disclosure. “This distribution
`
`on the group’s email exploder is important, because once that happens, the
`
`document is effectively in the public domain, since membership of the exploder
`
`is open to all and is (almost) unpoliced.” (Appendix B, p. 8). The documents can
`
`be disseminated without restrictions, and in fact, “no restriction has ever been
`
`placed on how meeting participants dispose of the documents subsequent to their
`
`distribution before, during, or after the meeting.” (Appendix B, p. 4).
`
`Ex. 1015 / Page 16 of 263
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`The emails were archived in a public archive (available at
`
`27.
`
`http://list.etsi.org/scripts/wa.exe?INDEX), which provides further mechanisms to
`
`determine when a document was made publicly available. The archived email
`
`contains a computer-generated date stamp indicating when the email was sent and
`
`thereby when any attached document became public. The date stamp on the email
`
`was and is an accurate and automatically computer-generated electronic record of
`
`when the email was sent and was created as part of the regular business practices
`
`of 3GPP. (“Searching the group’s email exploder archive
`
`(http://list.etsi.org/scripts/wa.exe?INDEX) on or about the suspected production
`
`date gleaned from the file date/time-stamp may well reveal the message in which
`
`the TDoc was first distributed, or perhaps the message by which the group’s
`
`secretary announced that it was available on the server.” (Appendix B, p. 9).
`
`Furthermore, when the attachment is a zip file, the document(s) within the zip file
`
`may have a date stamp, which is an accurate electronic record of when the
`
`document was last modified and may provide further verification of the upload
`
`date.
`
`IV. Ex. 1007 (R2-060905)
`
`28. R2-060905 is a TDoc for the “TSG-RAN Working Group 2” titled
`
`“Access procedure for TDD” and submitted by “CATT, RITT.” Accordingly,
`
`when asked to access this document, I navigated to the 3GPP website at
`
`Ex. 1015 / Page 17 of 263
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`
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`http://www.3gpp.org, selected “Specification Groups” from the menu bar, and then
`
`selected “TSG RAN” from the dropdown. I then selected “RAN2 – Radio layer 2
`
`and Radio layer 3 RR” and the “Documents” link to access the public file server
`
`where documents for the TSG-RAN Working Group 2 are stored.
`
`29. R2-060905 states that it was prepared for “3GPP RAN1/RAN2 joint
`
`meeting on LTE,” which took place in “Athens, Greece” from “27th-31th March,
`
`2006.” Accordingly, at the file server website, I selected the link “TSGR2_52,”
`
`which corresponds to the RAN2 meeting #52 held in Athens in March 2006, and
`
`selected the link “Documents,” where documents for the meeting are stored. A
`
`true and correct copy of the relevant portion of the Documents directory listing
`
`produced by the file server website is provided below.
`
`Available at: http://www.3gpp.org/ftp/tsg_ran/wg2_rl2/TSGR2_52/Documents/
`
`30.
`
`The Documents directory index stated that R2-060905 was uploaded
`
`on “3/23/2006.” I selected the link for “R2-060905.zip” and downloaded a zip file
`
`of the same name. The zip file contained a Microsoft Word document, “R2-
`
`060905.doc,” with a date stamp of “3/21/2006,” two days before the zip file was
`
`uploaded. A true and correct copy of the document within the zip file (R2-
`
`Ex. 1015 / Page 18 of 263
`
`
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`060905.doc) is provided as Ex. 1007. I understand these date stamps to mean that
`
`R2-060905.zip was uploaded to 3GPP’s publicly available website on March 23,
`
`2006, and that any member of the public could have downloaded the zip file,
`
`extracted the Word document enclosed, and viewed the contents of the Word
`
`document without restriction on March 23, 2006, and thereafter. I have no reason
`
`to believe these date stamps are inaccurate. I have determined that Ex. 1007 was
`
`publicly available on the file server no later than March 23, 2006.
`
`31. Because document R2-060905 was prepared for the RAN2 working
`
`group meeting, I know that the submitter at that time would have sent to the 3GPP
`
`RAN2 email exploder an email containing the document. Accordingly, I navigated
`
`to the 3GPP web site at http://www.3gpp.org, then selected “Specification Groups”
`
`from the menu bar, and then selected “email lists” from the dropdown. On the
`
`resulting page, next to “See all 3GPP email exploder lists at,” I selected
`
`“list.3gpp.org,” which took me to the web site
`
`https://list.etsi.org/scripts/wa.exe?INDEX. From there, I selected the link “[Next]”
`
`and “3GPP_TSG_RAN_WG2,” which corresponds to TSG-RAN Working Group
`
`2. I then selected “March 2006,” which is where emails relating to meeting #52
`
`from March 27 to 31, 2006 are stored.
`
`32. R2-060905 states that it was submitted by “CATT, RITT.”
`
`Accordingly, I selected the link “CATT contributions for the RAN1/RAN2 joint
`
`Ex. 1015 / Page 19 of 263
`
`
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`meeting.” This took me to a web page containing an email with the same subject.
`
`A true and correct copy of the web page containing the email is attached as
`
`Appendix E (available at: https://list.etsi.org/scripts/wa.exe?A2=ind0603&L=
`
`3GPP_TSG_RAN_WG2&P=39601).
`
`33.
`
`The email states that it was sent by “Quan Haiyang” and from its
`
`location in the directory “3GPP_TSG_RAN_WG2” and with my knowledge of the
`
`email exploder, I determined that it would have been sent to the members of TSG-
`
`RAN Working Group 2. The email states that it was sent on “Tue, 21 March
`
`2006,” which is two days before Ex. 1007 (R2-060905) was uploaded to the public
`
`file server. The email states, “Please find attached the following CATT
`
`contributions for the RAN1/RAN2 joint meeting. R2-060905 Access procedure for
`
`TDD.” The web page displaying the email provided links to download the email
`
`attachments, and I selected “R2-060905.zip.” This downloaded a file of the same
`
`name. The zip file contained a Microsoft Word document, “R2-060905.doc,” with
`
`a date stamp of “3/21/2006,” the same as that of the Microsoft Word file
`
`downloaded from the public file server (Ex. 1007). I have no reason to believe
`
`these date stamps are inaccurate. A true and correct copy of the Word document is
`
`provided as Appendix F.
`
`34. After a detailed comparison, I determined that Ex. 1007 and
`
`Appendix F are identical. From this, I concluded that Ex. 1007 was publicly
`
`Ex. 1015 / Page 20 of 263
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`distributed via email exploder on March 21, 2006, a process that the 3GPP
`
`recognizes as placing the document “in the public domain, since membership is
`
`open to all” and “no restriction has ever been placed on how meeting participants
`
`dispose of the documents.” (Appendix B, pp. 8, 4). The email and document were
`
`also publicly available via the web page that contained the email on this date.
`
`Furthermore, the email confirmed that, consistent with the Documents directory
`
`index, Ex. 1007 was publicly available on the 3GPP public file server on March
`
`23, 2006.
`
`35. Based on the information above, it is my opinion that R2-060905
`
`titled “Access Procedure for TDD” and provided as Ex. 1007, was publicly
`
`available on the 3GPP file server, was publicly distributed by email, and was
`
`publicly available via a web page containing the email and the document no later
`
`than March 23, 2006, such that persons interested in the subject matter, such as
`
`subscribers to the RAN2 email exploder or attendees at the relevant RAN2
`
`meetings, would have received the document via email without restriction on
`
`further dissemination and/or would have been aware of an upcoming RAN2
`
`meeting and would have had incentive to navigate to the public file server/FTP site
`
`storing documents for the meeting to download and review TDocs, including the
`
`TDoc at issue, in anticipation of the upcoming meeting. Each meeting was
`
`publicised well ahead of time so that interested participants could work to generate
`
`Ex. 1015 / Page 21 of 263
`
`
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`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`TDocs for the next meeting to advance the standards process.
`
`V. Ex. 1005 (R2-060988)
`
`36. R2-060988 is a TDoc for the “TSG-RAN Working Group 2” titled
`
`“PCH mapping and Paging control” and submitted by “CATT.” Accordingly,
`
`when asked to access this document, I navigated to the 3GPP website at
`
`http://www.3gpp.org, selected “Specification Groups” from the menu bar, and then
`
`selected “TSG RAN” from the dropdown. I then selected “RAN2 – Radio layer 2
`
`and Radio layer 3 RR” and the “Documents” link to access the public file server
`
`where documents for the TSG-RAN Working Group 2 are stored.
`
`37. R2-060988 states that it was prepared for “3GPP RAN1/RAN2 joint
`
`meeting on LTE,” which took place in “Athens, Greece” from “27-31 March,
`
`2006.” Accordingly, at the file server website, I selected the link “TSGR2_52,”
`
`which corresponds to the RAN2 meeting #52 held in Athens in March 2006, and
`
`selected the link “Documents,” where documents for the meeting are stored. A
`
`true and correct copy of the relevant portion of the Documents directory listing
`
`produced by the file server website is provided below.
`
`Ex. 1015 / Page 22 of 263
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`Available at: http://www.3gpp.org/ftp/tsg_ran/wg2_rl2/TSGR2_52/Documents/
`
`38.
`
`The Documents directory index stated that R2-060988 was uploaded
`
`on “3/24/2006.” I selected the link for “R2-0060988.zip” and downloaded a zip
`
`file of the same name. The zip file contained a Microsoft Word document, “R2-
`
`0060988.doc,” with a date stamp of “3/24/2006,” the same day the zip file was
`
`uploaded. A true and correct copy of the document within the zip file (R2-
`
`0060988.zip) is provided as Ex. 1005. Based on my experience I understand these
`
`date stamps to mean that R2-0060988.zip was uploaded to 3GPP’s publicly
`
`available website on March 24, 2006, and that any member of the public could
`
`have downloaded the zip file, extracted the Word document enclosed, and viewed
`
`the contents of the Word document without restriction on March 24, 2006, and
`
`thereafter. I have no reason to believe these date stamps are inaccurate. Based on
`
`my experience, I have determined that Ex. 1005 was publicly available on the file
`
`server no later than March 24, 2006.
`
`39. Because document R2-0060988 was prepared for the RAN2 working
`
`group meeting, I know that the submitter at that time would have sent to the 3GPP
`
`RAN 2 email exploder an email containing the document. Accordingly, I
`
`navigated to the 3GPP web site at http://www.3gpp.org, then selected
`
`“Specification Groups” from the menu bar, and then selected “email lists” from the
`
`dropdown. On the resulting page, next to “See all 3GPP email exploder lists at,” I
`
`Ex. 1015 / Page 23 of 263
`
`
`
`Declaration of Craig Bishop
`Inter Partes Review of 8,682,357
`selected “list.3gpp.org,” which took me to the web site
`
`https://list.etsi.org/scripts/wa.exe?INDEX. From there, I selected the link “[Next]”
`
`and “3GPP_TSG_RAN_WG2,” which corresponds to TSG-RAN Working Group
`
`2. I then selected “March 2006,” which is where emails relating to meeting #52
`
`from March 27 to 31, 2006 are stored.
`
`40. R2-060988 states that it was submitted by “CATT.” Accordingly, I
`
`selected the link “CATT contributions for RAN1/RAN2 JM.” This took me to a
`
`web page containing an email with the same subject. A true and correct copy of
`
`the web page contain
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