UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`MICROSOFT CORPORATION,
`Petitioner,
`v.
`UNILOC 2017 LLC,
`Patent Owner.
`U.S. Patent No.: 7,075,917
`Issued: Jul. 11, 2006
`Application No.: 09/973,312
`Filed: Oct. 9, 2001
`Title: WIRELESS NETWORK WITH A DATA EXCHANGE ACCORDING TO
`THE ARQ METHOD
`_________________
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`
`
`Page 1
`
`

`

`Patent 7,075,917
`
`TABLE OF CONTENTS
`
`Page
`INTRODUCTION AND ENGAGEMENT .................................................... 3
`I.
`BACKGROUND AND QUALIFICATIONS ................................................. 4
`II.
`III. PUBLICATION OF 3GPP
`SPECIFICATIONS AND RELATED DOCUMENTS .................................. 7
`A. General Practices ................................................................................... 7
`B.
`Specific Documents .............................................................................12
`IV. AVAILABILITY FOR CROSS-EXAMINATION ......................................19
`A.
`Right To Supplement ..........................................................................19
`B.
`Signature ..............................................................................................19
`
`
`
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 2
`
`

`

`Patent 7,075,917
`
`I, Friedhelm Rodermund, do hereby declare as follows:
`
`I.
`
`INTRODUCTION AND ENGAGEMENT
`
`1.
`
`I have been retained in this matter by Microsoft Corporation
`
`(“Petitioner” or “Microsoft”) to provide testimony regarding 3GPP’s standard
`
`business practices for record keeping and publishing technical specifications,
`
`change request proposals, reports, and other documents developed during the
`
`course of standards activities carried out by the 3rd Generation Partnership Project
`
`(“3GPP”) and the European Telecommunications Standards Institute (“ETSI”).
`
`2.
`
`As an ETSI Project Manager and Secretary, from June 1998 to
`
`December 2004, I have personal knowledge of 3GPP’s standard business and
`
`records keeping practices during that period. Based on my experience, personal
`
`knowledge, and review of 3GPP’s business records, I am able to testify regarding
`
`the authenticity of certain documents published by 3GPP and the timing of their
`
`publication.
`
`3.
`
`I am being compensated for my time spent on this matter. My fee is
`
`not contingent on the outcome of this or any matter, or on the content of any of the
`
`testimony I give in this declaration. I have no financial interest in Petitioner.
`
`4.
`
`I have been informed that Uniloc 2017 LLC (hereinafter referred to as
`
`“Patent Owner”) is asserting, and alleges ownership of, U.S. Patent No. 7,075,917
`
`(“the ’917 Patent”) (Ex. 1001). I have no financial interest in the Patent Owner or
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 3
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`

`

`Patent 7,075,917
`
`the ’917 patent nor to my recollection have I ever had any contact with the Patent
`
`Owner.
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`5.
`
`I have more than 20 years of experience working with standards
`
`development organizations including 3GPP, ETSI, and the Open Mobile Alliance
`
`(“OMA”). I have particular experience with the development of standards related
`
`to cellular telecommunications, including the standards for the Universal Mobile
`
`Telecommunications System (“UMTS”) network1. UMTS is the 3G network
`
`developed by 3GPP, which also published and maintains all standards documents
`
`relating to UMTS.
`
`6.
`
`From June 1998 to December 2004, I worked at ETSI as a project
`
`manager for various ETSI Special Mobile Group (“SMG”) and 3GPP working
`
`groups. First, I served as a secretary of SMG4 “Data Services” and SMG8 “Base
`
`Stations Testing.” Then, as a project manager with the ETSI Mobile Competence
`
`
`1 I note that the 3GPP standard for the “UMTS network” and any other cellular
`
`networks standards include technical specifications prescribing implementation
`
`details for all aspects of the network, including e.g. for UMTS radio network
`
`controllers or “RNCs” and user equipment or “UE,” such as mobile devices and
`
`other user terminals.
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 4
`
`

`

`Patent 7,075,917
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`Center (“MCC”), I supported establishing 3GPP as the new international standards
`
`development organization for cellular telecommunications. UMTS was the first
`
`standard generation developed by 3GPP. One of my roles was acting as Secretary
`
`for 3GPP’s Technical Specifications Group Terminals, Working Group (“T2”), the
`
`group which played a leading role in the creation of standards for Multimedia such
`
`as the Multimedia Messaging Service (“MMS”). Later, I was a secretary of the
`
`highest-level Technical Specifications Group Terminals which was besides other
`
`things responsible for the development of UMTS test specifications. I edited all
`
`technical specifications produced by my working groups and presented results to
`
`the parent body for approval. I attended all meetings (apart from some sub-working
`
`group meetings) and was also responsible for compiling meeting reports, for
`
`handling all the meeting documents, and managing the work plan. It was also my
`
`role to guide the groups and to advise the chairmen regarding 3GPP working
`
`methods and procedures including document handling, and to make sure delegates
`
`were aware of their company’s obligations under the 3GPP Intellectual Property
`
`Right policy.
`
`7.
`
`As part of my responsibilities at ETSI, I acted as a 3GPP custodian of
`
`records by personally managing 3GPP’s public FTP folders, which I used to make
`
`publicly accessible various 3GPP documents, including versions of 3GPP
`
`specifications, technical reports, liaison statements, change requests, contributions,
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 5
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`

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`Patent 7,075,917
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`agendas, meeting reports, and other 3GPP documents from my working groups. I
`
`am also knowledgeable about document management practices used in other
`
`working groups and within 3GPP in general with regard to making documents
`
`publicly accessible through 3GPP’s public FTP server.
`
`8.
`
`After I left ETSI, I worked from January 2005 to October 2014 at
`
`Vodafone, first as a Project Manager for Mobile Broadcast Standards, and then as
`
`Vice Chairman OMA DM, and then as a Senior Standards Strategist, all with
`
`responsibilities as described on my CV. At Vodafone, I was deeply involved in
`
`standards work with ETSI and 3GPP and other standards setting organizations,
`
`including as a delegate to 3GPP SA1. As part of my responsibilities there, I
`
`attended 3GPP meetings, submitted documents to 3GPP, used 3GPP resources
`
`(including 3GPP’s FTP server) extensively, and remained knowledgeable about
`
`3GPP policies and procedures with regard to document management and public
`
`accessibility.
`
`9.
`
`Since leaving Vodafone in 2014, I have performed consulting work
`
`regarding Internet of Things (IoT) and Machine to Machine (M2M) technology
`
`and standards, first at Friedhelm Rodermund Consulting and then as the Founder
`
`and Director of IOTECC GmbH. As part of my consulting work, I have
`
`extensively used 3GPP resources and have remained knowledgeable about 3GPP
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 6
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`

`

`Patent 7,075,917
`
`policies and procedures with regard to document management and public
`
`accessibility.
`
`10. At the time of writing this declaration, I am active – including
`
`attending meetings - in the following standards committees: ETSI oneM2M, ETSI
`
`IPR Special Committee, Open Mobile Alliance, and 3GPP.
`
`11.
`
`I attach a copy of my latest curriculum vitae (C.V.) as Appendix A.
`
`III. PUBLICATION OF 3GPP
`SPECIFICATIONS AND RELATED DOCUMENTS
`A. General Practices
`
`12. Unless otherwise noted, the following description of 3GPP general
`
`practices describes its practices from 1998 until the present, regardless of whether I
`
`use the present or past tense to describe those practices.
`
`13.
`
`3GPP is in the business of developing and maintaining cellular
`
`telecommunications standards, which it has done since its foundation in 1998. As
`
`noted above and in my C.V., I began working for 3GPP, as part of my work at
`
`ETSI, the European-based organizational partner of 3GPP.
`
`14.
`
`In the ordinary course of its regularly conducted business activities,
`
`and pursuant to its standard business practices, 3GPP publishes technical
`
`specifications, proposals, reports, and other documents related to the development
`
`of cellular telecommunications standards. Such documents are published for the
`
`purposes of discussion and establishment of industry standards for cellular
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 7
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`

`

`Patent 7,075,917
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`telecommunications. This has been 3GPP’s ordinary course of business since at
`
`least when I began working at ETSI in 1998.
`
`15.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, all draft technical
`
`specifications, proposals, reports, and other temporary documents to be discussed
`
`or considered in relation to 3GPP’s telecommunications standards activities were,
`
`and continue to be, assigned a temporary document number and made publicly
`
`available, including on the ftp server associated with the 3GPP website, currently
`
`residing at ftp.3gpp.org. Such documents are referred to as “T-docs.” Final
`
`versions of the technical specifications also were, and continue to be, publicly
`
`available from that same ftp server.
`
`16. Each Technical Specification Group (TSG) or Working Group adopts
`
`a structured numbering system for the documents associated with their meetings,
`
`and those systems typically follow a consistent numbering system as shown in the
`
`following example: xminnzzzz. The numbering system normally comprises five
`
`logical elements: (1) x: a single letter corresponding to the TSG; where in 2000-
`
`2001 x was one of R (Radio Access Network), N (Core Network), S (Service and
`
`System Aspects), T (Terminals), or G (GSM/EDGE Radio Access Network); (2)
`
`m: A single character corresponding to the Working Group identity (typically 1, 2,
`
`3, etc.) or, in the case of the TSG itself, the letter “P”; (3) i: Normally the hyphen
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 8
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`

`

`Patent 7,075,917
`
`character “-“; (4) nn: the calendar year of the meeting to which the document was
`
`submitted; (5) zzzz: a running number.
`
`17.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, at least as early as
`
`December 1998, 3GPP published all of its T-docs and all final versions of its
`
`technical specifications on its ftp server, which has always been easily accessible
`
`from its website and currently resides at ftp.3gpp.org.
`
`18. At least as early as December 1998, 3GPP’s ftp server was freely
`
`accessible to the general public with no login, password, or membership
`
`requirement.
`
`19. By 1999, at least 100 companies were members of 3GPP, ranging
`
`from Samsung to Sony to Nokia to Bosch and generally including those interested
`
`in the discussion, creation, and adoption of cellular telecommunications standards,
`
`including UMTS. Each of these companies typically delegated multiple individuals
`
`to regularly participate in 3GPP meetings. Further, pursuant to 3GPP’s standard
`
`business practices, 3GPP working groups sent emails notifying these individuals as
`
`soon as new or additional documents had been uploaded to 3GPP’s ftp server.
`
`Thus, not only did the general public have access to the documents on the ftp
`
`server, but some of the most interested members of the public—those working to
`
`develop standards for cellular telecommunication or working to implement the
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 9
`
`

`

`Patent 7,075,917
`
`standards—were personally informed of their availability by email. Based on my
`
`experience with 3GPP and the telecommunications industry, I would expect any
`
`person implementing a cellular network, e.g., a UMTS network, to consult the
`
`corresponding specifications on the 3GPP ftp server, as well as other related
`
`documents. The whole purpose of 3GPP creating and making these specifications
`
`available was so that engineers and other individuals would have ready access to
`
`them when developing and implementing different cellular networks.
`
`20. By June 1999, 3GPP’s ftp server was well-known to persons in the
`
`cellular telecommunications industry as a source of public information regarding
`
`industry standards and technological advances.
`
`21.
`
`3GPP specifications bear a specification number consisting of 4 or 5
`
`digits, (e.g., 09.02 or 29.002). The first two digits define the series, followed by 2
`
`further digits for the 01 to 13 series or 3 further digits for the 21 to 55 series. 3GPP
`
`specifications also often include a listing of “Keywords” usually on the second
`
`page, which typically indicate the particular cellular network generation to which a
`
`specification corresponds. For example, the TS 25.301 specification that I discuss
`
`below includes the keyword “UMTS,” indicating that it corresponds to an aspect of
`
`the UMTS network.
`
`22.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, T-docs are usually
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 10
`
`

`

`Patent 7,075,917
`
`uploaded to 3GPP’s ftp server and website before the meeting where they are to be
`
`discussed. Documents created or revised during the course of a meeting are
`
`normally uploaded at the latest during the week following the meeting (e.g., the
`
`meeting report of the meeting is usually published for review during the week
`
`following the meeting).
`
`23.
`
`In the ordinary course of 3GPP’s regularly conducted business
`
`activities, and pursuant to its standard business practices, 3GPP maintains archives
`
`that include different versions of the specifications, as well as email
`
`communications to its membership, including emails announcing the uploading of
`
`new or additional documents to 3GPP’s ftp server. These archives are created at
`
`the time the emails are initially sent.
`
`24.
`
`3GPP specifications almost always are duplicated in at least two and
`
`sometime more locations on the ftp server. One location corresponds to a
`
`“snapshot” of the specifications corresponding to a particular plenary meeting
`
`cycle, e.g., the 2018-12 snapshot contains a snapshot of numerous specifications
`
`after the December 2018 3GPP plenary meetings. The second location is an
`
`“archive” that contains all versions over time for a given specification. While
`
`3GPP aims to upload the updated specifications to both locations at the same time,
`
`occasionally there may be a small difference in the upload date, and thus the date
`
`stamp, for the same specification uploaded to the two locations. Additionally,
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 11
`
`

`

`Patent 7,075,917
`
`specifications which are not yet approved (so call “draft” specifications) are
`
`available as T-docs at working group and at plenary meetings (as soon the working
`
`group decides to submit the specification to the plenary meeting for information or
`
`approval).
`
`B.
`
`Specific Documents
`
`25. Based on my personal knowledge and my review of 3GPP’s business
`
`records, I recognize Ex. 1005 as a true and correct copy of version 1.0.0 of
`
`technical report 3GPP TR 25.835 (“Technical Specification Group Radio Access
`
`Network; Report on Hybrid ARQ Type II/III (Release 2000)”), which was
`
`published and freely available on 3GPP’s ftp server by September 13, 2000. The
`
`document was presented as T-doc RP-000416 at the 3GPP TSG RAN#9 plenary
`
`meeting which was held September 20-22, 2000 in Hawaii, USA. That meeting
`
`was attended by 140 delegates from numerous companies. The availability of the
`
`document is confirmed by the date stamp shown on the historic 3GPP ftp server for
`
`the corresponding downloadable file (“RP-000416.pdf””), as maintained by the
`
`Internet Archive at
`
`https://web.archive.org/web/20010525235132/http://www.3gpp.org/ftp/tsg_ran/TS
`
`G_RAN/TSGR_09/Docs/PDFs/, as well as the date stamp for the present-day
`
`listing of the same document on the 3GPP ftp server at
`
`http://www.3gpp.org/ftp/tsg_ran/TSG_RAN/TSGR_09/Docs/PDFs/ as shown by
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 12
`
`

`

`the screenshot below:
`• •
`~ ftp.3gpp.org
`
`Open Connection
`
`Quick Connect
`
`t' ftp.3gpp.org - FTP
`
`■ o 11 'J
`
`Action Refresh Ed,
`
`Patent 7,075,917
`
`I Unregistered J
`
`Disconnect
`
`◄
`
`►
`
`•
`
`/tsg_ran/TSG_RAN/TSGR_09/Docs/PDFs
`
`Q
`
`=ilename
`~ fU"-VVV'+V/ .µu1
`a RP-000408.pdf
`a RP-000409.pdl
`a RP-00041 O.pdf
`a RP-000411 .pdf
`a RP-000412.pdf
`a RP-000413.pdf
`a RP-000414.pdf
`a RP-000415.pdf
`111! RP-000416.pdf
`a RP-00041 7 .pdf
`a RP-000418.pdf
`a RP-000419.pdf
`a RP-000420.pdl
`a RP-000421 .pdf
`'!I RP-000422.pdf
`a RP-000423.pdf
`a RP-000424.pdf
`a RP-000425.pdf
`a RP-000426.pdl
`
`
`
`3 Files
`
`(j
`
`Modified
`~ Size
`, .o I\.O 10.v:1. vv, 1 £·£0
`123.6 ... 15.09.00, 12:26
`7.5 KB 15.09.00, 12:26
`66.3 KB 15.09.00, 12:26
`7.4 KB 15.09.00, 12:26
`52.8 KB 15.09.00, 12:26
`3. 5 KB 13.09.00, 11 :52
`146. 1 ... 13.09.00, 11 :29
`3 .2 KB 13.09.00, 11 :52
`196.6... 13 .09.00, 11 :29
`2.8 KB 13.09.00, 14:04
`32.0 KB 13.09.00, 14:04
`3.1 KB 13.09.00, 14:04
`25.7 KB 13.09.00, 14:04
`3.0 KB 13.09.00. 14:04
`29.0 KB 13.09.00, 14:04
`3.0 KB 13.09.00, 14:04
`219.8 ... 13.09.00, 14:04
`3. 1 KB 13.09.00, 14:04
`32.1 KB 13.09.00, 14:04
`
`
`
`In addition, the information for the downloaded specification file states a last
`
`Modified date of September 13, 2000. Here is a screenshot showing those file
`
`details:
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 13
`
`

`

`Patent 7,075,917
`
`3G TR 25.835 V1.0.0 (2000-09)
`
`3rd Generation Partnership Project;
`Technical Specification Group Radio Access Network;
`Report on Hybrid ARO Type IVIII
`(Release 2000)
`
`..,,.._.,._ .... w.•-..1.,po,1~ ... .,,J~o--,.--,,,.,..._."oo""'l•-,.,,_..,.._,.,,.,_.,,Xl',
`... ..,,Q .... _,,.,."_...,...._ -•-Xl1'ooi, n.0.---1,.__._,.,.,..,-l 1,r_,_ <11.._s....,...,..,.
`... ,.. ___ ... ___ _, .... ..,_...,.,.,_ ~ .. 0~1 ..... -.a1_■ --...--
`~,~--....... t.-..,... __ ., .. .11'.l,,. .... ,,.. _ _ ., __ , .... JG .. . . _ _ _ , _ _ _ ott.:_
`
`RP-000416.pdf
`PDF document - 597 KB
`
`Tags
`Created 13. September 2000 at 11:29
`Modified 13. September 2000 at 11:29
`Last opened Today, 11:11
`Where from ftp://ftp.3gpp.org/tsg_ran/
`TSG_RAN/TSGR_09/Docs/PDFs/
`RP-000416.pdf
`Title 25835-100.doc
`Authors MCC
`Description CR Document
`Version 1.2
`Pages 29
`Resolution 595x842
`Security None
`Content Creator MCC CR Macro
`Encoding software Acrobat Distiller 4.0 for Windows
`
`
`
`26. Based on my personal knowledge and my review of 3GPP’s business
`
`records, I recognize Ex. 1008 as a true and correct copy of version 3.2.0 of
`
`technical specification 3GPP TS 25.301 (“Technical Specification Group (TSG)
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 14
`
`

`

`Patent 7,075,917
`
`Radio Access Network (RAN), Radio Interface Protocol Architecture (Release
`
`1999)”), which was published and freely available on 3GPP’s ftp server by
`
`October 16, 1999. This is confirmed by the date stamp shown on the historic 3GPP
`
`ftp server for the corresponding downloadable file (“25301-320.zip”), as
`
`maintained by the Internet Archive at
`
`https://web.archive.org/web/20020111040352/http://www.3gpp.org/ftp/Specs/archi
`
`ve/25_series/25.301/, as well as the date stamp for the present-day listing of the
`
`same document on the 3GPP ftp server at
`
`http://www.3gpp.org/ftp/Specs/archive/25_series/25.301/ as shown by the
`
`screenshot below:
`• •
`
`ftp.3gpp.org
`
`ftp.3gpp.org - FTP
`
`Open Connection
`
`Quick Connect
`
`Action Refresh
`
`j I
`
`Disconnect
`
`◄
`
`►
`
`/Specs/archive/2 S_series/25.301
`
`Filename
`
`,.. Size
`
`Mod ified
`
`25301-3a0.zip
`25301-3b0.z ip
`25301-020.zip
`25301-300.zip
`25301-310.zip
`la 25301 - 320.zip
`25301-330.zip
`25301-340.zip
`25301-350.zip
`25301-360.zip
`25301-370.zip
`25301-380.zip
`25301-390.zip
`25301-400.zip
`25301-41 0 .zip
`25301-420.zip
`25301 -430.zip
`25301-440.zip
`25301-500.zip
`?~~n1-i:;1n ? in
`256 Files
`
`430.6 ... 10.06.02 , 20:42
`430.8 ... 13.09.02, 14: 20
`291.4 ... 22.04.99, 05:50
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`47 1.4 ... 16.10 99, 10:39
`505.4 ... 23.12.99, 15:41
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`427.9 ... 18.03.01, 22:39
`432.5 ... 18.06.01 , 1 8:07
`428.9 ... 12 .1 2.01, 14:09
`428.6 ... 19.03.01, 01 :13
`428.9 ... 18.06.01, 1 8:08
`428.7 ... 17.12.01, 02:16
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`431 .1... 13.09.02, 14:20
`538.6 ... 19.03.02, 09:50
`,;14 4-
`1 n n1, n,__2 n : 4?
`
`
`
`DECLARATION OF FRIEDHELM RODERMUND
`
`Page 15
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`

`

`In addition, the information for the downloaded and extracted specification file
`
`states a Last Modified date of October 15, 1999. Here is a screenshot showing
`
`Patent 7,075,917
`
`those file details:
`
`TS 25.301 V3.2.0 (1999·10)
`T&Clrnic:alSp«:ilic.,tion
`3rd Generation Partnership Project ( 3GPP);
`Technical Specification Group (TSG) RAN;
`Working Group 2 (WG2);
`
`Radio Inte rface Protocol Architecture
`
`,,,, ______ .,.,. __ ,_,_"') ______ .... _ ..
`-.... -------~~-., .. !(,ff~-----..,__
`-------JGf"l' .. __ .. _ ..... JGl"I' ____ ,
`
`~ -~ - ,__ . , . . __ JGIT...,'lllllO....,.'--..• ..... .,.,., ..
`
`JGPP ---
`
`C-OpyrlghtNotifkatlon
`
`Nopa,rimay be rq:,n:i,.t,,,oru«p11as -.u,oriu<,1 bywri1~p,.,rmin 00fl.
`Therop)·ripl and the rOR'loillS rutrictioll eucnd t o~ i11 all media.
`
`25301-320.doc
`Microsoft Word 97 - 2004 document (.doc) - 1,9 MB
`
`Tags
`Created Friday, 15. October 1999 at 23:07
`Modified Friday, 15. October 1999 at 23:07
`Last opened Today, 11:46
`Title 25.301
`Authors Hans van der Veen
`
`
`
`27. Based on my personal knowledge and my review of 3GPP’s business
`
`records, I recognize Ex. 1009 as a true and correct copy of T-doc R2-001762,
`
`DECLARATION OF FRIEDHELM RODERMUND
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`Patent 7,075,917
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`which includes an information document with the title “Fast Hybrid ARQ
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`description” including proposed text for the related technical report which later
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`became 3GPP TR 25.835 v1.0.0 (Ex. 1005). On its face, R2-001762 refers to the
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`RAN WG2 meeting #15 held on 21-25 August 2000 in Sophia Antipolis, France.
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`Thus, based on my personal knowledge and experience with ETSI’s and 3GPP’s
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`standard business practices, this information tells me that R2-001762 was available
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`either prior or during that meeting to at least all attending 3GPP members.
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`Furthermore, the 3GPP ftp server shows the upload date of R2-001762 as August
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`23, 2000 as can be seen from the screenshot below. Furthermore, the availability of
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`the document is also confirmed by the date stamp shown on the historic 3GPP ftp
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`server for the corresponding downloadable file (“R2-001762.zip””), as maintained
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`by the Internet Archive at
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`https://web.archive.org/web/20010525234758/http://www.3gpp.org/ftp/tsg_ran/W
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`G2_RL2/TSGR2_15/Docs/Zips/. Thus, based on my personal knowledge and
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`experience with ETSI’s and 3GPP’s standard business practices, this information
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`tells me that this document was available to all 3GPP members and the general
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`public by August 23, 2000 at the latest.
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`DECLARATION OF FRIEDHELM RODERMUND
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`• •
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`Open Connection
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`£ ftp. 3gpp.org - FTP
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`I Unregistered J
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`◄
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`►
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`/tsg_ran/WG2_RL2/TSGR2_ 15/ Docs/ Zips
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`Q.
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`Patent 7,075,917
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`Filename
`nL-vv 110"+,.c:1µ
`R2-001755.zip
`R2-001756.zip
`R2 -001757.zip
`R2·001758.zip
`R2-001759.zip
`I R2·001760.zip
`i R2-001762.zip
`R2-001763.zip
`R2-001764.zip
`R2·001765.zip
`R2-001766.zip
`R2·001767.zip
`R2-001768.zip
`R2-001769.zip
`R2-001770.zip
`R2·001771.zip
`I R2-001772.zip
`I R2-001773.zip
`I R2-001774.zip
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`4 Files
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`Modified
`" Size
`0.1, I r\D £.:>,VO,VV, VO•OV
`37.7 KB 25.08.00, 08:45
`38.5 KB 23.08.00, 08:50
`361.3 ... 23.08.00, 08:50
`316.6 ... 24.08.00, 11:51
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`28. Based on my personal knowledge and my review of 3GPP’s business
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`records, I recognize Ex. 1010 as a true and correct copy of T-doc R2-001875,
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`which represents the draft meeting report of the 3GPP RAN WG2 meeting #15
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`held on 21-25 August 2000 at Sophia Antipolis, France. The meeting report
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`mentions in clause 7.1.1 “Hybrid ARQ II/III” that the aforementioned document
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`R2-001762 was presented at this meeting. (Ex. 1010 at p. 32, see also p. 57.)
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`Furthermore, as a decision to R2-001762, it is mentioned that “[t]he changes to the
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`TR [25.835] were accepted.” (Ex. 1010 at p. 32.) TR 25.835 v.1.0.0 was created
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`after the meeting and presented for information at the following RAN plenary
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`meeting (see Ex. 1010 at p. 33) on September 20-22, 2000 in Hawaii, USA (as set
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`forth above in Paragraph 25). Furthermore, the meeting report contains in Annex A
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`DECLARATION OF FRIEDHELM RODERMUND
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`Patent 7,075,917
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`a list of delegates attending the meeting. It appears that the named inventor of the
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`’917 patent, Christoph Herrmann, is included in the Annex A list. (Ex. 1010 at p.
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`47; see also p. 37.)
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`IV. AVAILABILITY FOR CROSS-EXAMINATION
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`29.
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`In signing this declaration, I recognize that the declaration may be
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`filed as evidence in a contested case before the Patent Trial and Appeal Board of
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`the United States Patent and Trademark Office. I also recognize that I may be
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`subject to cross examination in the case and that cross examination will take place
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`within the United States. If cross examination is required of me, I will cooperate to
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`the best of my ability to appear for cross examination within the United States
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`during the time allotted for cross examination.
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`A. Right To Supplement
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`30.
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`I reserve the right to supplement my opinions in the future to respond
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`to any arguments that the Patent Owner raises and to take into account new
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`information as it becomes available to me.
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`B.
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`31.
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`Signature
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`I declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`DECLARATION OF FRIEDHELM RODERMUND
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`Patent 7,075 917
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`32.
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`I declare under penalty of perjury that the foregoing is true and
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`correct.
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`Dated: April /0019
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`Friedhelm Roderrnund
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`DECLARATION OF FRIEDHELM RODERMUND
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`APPENDIX A
`APPENDIX A
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`Page 21
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`CURRICULUM VITAE
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`I.
`
`PERSONAL DATA
`
`Name:
`
`Friedhelm RODERMUND
`
`Mailing address:
`
`Phone:
`
`Email:
`
`Am Steiner Graben 18
`56077 Koblenz, Germany
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`+49 172 2606489
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`friedhelm.rodermund@iotecc.com
`
`II. PROFESSIONAL EXPERIENCE
`
`Summary
`
`Senior expert in telecommunications and Internet of Things (IoT). More than twenty years of experience within
`the mobile communications industry, and several years in IoT in various roles such as project management,
`technology innovation and evolution, standards development, technology strategy development, patent
`creation and patent litigations, and development/introduction of new services.
`
`Widely recognized standards expert who was actively involved in leading roles in the development of key
`standards for mobile telephony and mobile data across standards development organizations such as 3GPP,
`ETSI, GSMA, IETF, OMA, and oneM2M. Currently focussing on standards for the Internet of Things.
`
`Founder and director of IOTECC GmbH which provides consulting services around technologies and
`standards enabling the Internet of Things, and provides consulting services related to patents for mobile
`telcommunications and IoT.
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`01/2015 – present
`
`IOTECC GmbH
`
` Koblenz, Germany
`
`Founder and Director
`Ø Internet of Things (IoT) and Machine to Machine (M2M) technology and standards
`consulting
`Ø Video and Virtual Reality standards consulting
`Ø Telecoms patent consulting
`o Consulting services around mobile communications patents in particular related
`to ETSI, 3GPP, and OMA standards
`o State-of-the-art/prior art research, patent infringement analysis
`o Advising on Standards Development Organisations (SDO) working processes
`and IPR policy, member of ETSI IPR Special Committee
`o Experienced expert witness
`o Supported litigations/IPRs (supported party in bold):
` Intellectual Ventures v. T-Mobile USA (USA 2015, with Gibson Dunn)
` SSH v. Sony (Germany 2016, Cohausz&Florack)
` Core Wireless v. LGE (USA 2015/16, Greenberg Traurig, Sidley Austin)
` LGE v. Core Wireless (USA 2015/16, Greenberg Traurig)
` KPN v. Samsung (USA 2016, Baker Botts)
` Huawei v. T-Mobile USA (USA 2017, Gibson Dunn)
` 3G Licensing v. LGE (USA 2018, Fish&Richardson)
` Apple v. Qualcomm (USA 2018/19, Fish&Richardson, Boies Schiller Flexner)
` Intel/Apple v. Qualcomm (USA 2018/19, WilmerHale)
` Cisco v. Traxcell (USA 2018/19, King&Spalding)
` Qualcomm v. KFTC (interv. Apple, South Korea 2019, Boies Schiller Flexner)
`
`Curriculum Vitae – Friedhelm RODERMUND
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`Page 1 of 4
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`Page 22
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`CURRICULUM VITAE
`o Supported litigations/IPRs cont. (supported party in bold):
` Evolved Wireless v. Apple (USA 2018/19, with DLA Piper)
` Microsoft v. Uniloc 2017 LLC (USA 2019, Klarquist Sparkman)
`
`
`11/2014 – 12/2014
`
`Friedhelm Rodermund Consulting
`
`Internet of Things (IoT) Consultant
`o M2M/IoT standards development and introduction of new M2M/IoT services
`
`
`
` Koblenz, Germany
`
`Düsseldorf, Germany
`
`
`
`01/2011 – 10/2014 Vodafone Germany / Vodafone Group R&D
`
`Senior Standards Strategist
`o Representing Vodafone in various standardisation bodies
`o Driving the standardisation of the Internet of Things
`o Work item lead, technical editor and key contributor of Open Mobile Alliance (OMA)
`“Lightweight M2M (LwM2M)” – the new standard for the Internet of Things
`o Advising and supporting various M2M projects related to e.g. automotive, smart
`metering, health, industry
`o Advising on the introduction of new M2M technologies and services
`o Leading Proof of Concepts of emerging technologies
`o Involved in innovation related activities
`o Involved in creation and protection of Intellectual Property
`
`
`
`01/2009 – 12/2010 Vodafone Germany
`
`Vice Chairman Open Mobile Alliance (OMA) Device Management (DM)
`o Responsible for Vodafone’s Device Management standardisation
`o As OMA DM Vice Chairman, co-leading the group, chairing committee meetings and
`web conferences, steering the technical direction, management of the different work
`items
`o Editor of several specifications, rapporteur of various work items
`o Support of projects for the introduction of device management
`o Delegate to 3GPP SA1 where I was responsible for the introduction of MTC
`(machine type communications) related service/network requirements
`
`Düsseldorf, Germany
`
`
`
`
`01/2005 – 12/2008 Vodafone Germany
`
`Project Manager Mobile Broadcast Standards
`o Responsible for Mobile Broadcast standardisation across different broadcast
`systems/standards bodies and across all Vodafone local operations
`o Responsible for Mobile Broadcast standardisation strategy development and
`implementation
`o Delegation Lead for the Open Mobile Alliance (OMA) BCAST working group
`o Initiated and managed the BCAST device profile development in the BMCO Forum
`o Leading the "Service Protection" (pay-TV) stream of the German DVB-H Consortium
`o Filed several patents
`o Supporting patent litigations and patent portfolio evaluation (various technical areas)
`
`Düsseldorf, Germany
`
`
`
`
`04/2003 – 12/2003 GSM Association
`Member of the MMS Task Force
`o Verification of the MMS operator interworking framework
`o Supporting the definition and specification of the MMS functional evolution
`o Acting as a “link” between 3GPP and GSMA in the area of MMS
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`London, United Kingdom
`
`Curriculum Vitae – Friedhelm RODERMUND
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`
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`Page 2 of 4
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`Page 23
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`CURRICULUM VITAE
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`
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`06/1998 – 12/2004 European Telecommunications Standards Institute (ETSI)
`