IPR2020-00315
`Patent 7,075,917
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ERICSSON INC.,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`
`IPR2020-00315
`U.S. Patent No.: 7,075,917
`Issued: July 11, 2006
`Application No.: 09/973,312
`Filed: October 9, 2001
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`Title: WIRELESS NETWORK WITH A DATA EXCHANGE
`ACCORDING TO THE ARQ METHOD
`
`
`
`
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 7,075,917
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`

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`
`
`TABLE OF CONTENTS
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`IPR2020-00315
`Patent 7,075,917
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`LIST OF EXHIBITS ................................................................................................. v
`MANDATORY NOTICES UNDER 37 C.F.R. § 42.8 .......................................... vii
`
`1.
`Real Party-In-Interest ......................................................................... vii
`
`2.
`Related Matters ................................................................................... vii
`Lead and Back-Up Counsel, and Service Information ...................... viii
`
`3.
`I.
`SUMMARY OF THE ARGUMENT ............................................................. 1
`II.
`GROUNDS FOR STANDING PER SECTION 42.104(A) .......................... 3
`III.
`IDENTIFICATION OF CHALLENGE ........................................................ 3
`A.
`Statement Of The Precise Relief Requested ........................................ 3
`B.
`No Examiner Addressed These Unpatentability Grounds ................... 4
`IV. THE ’917 PATENT ....................................................................................... 5
`A.
`The ’917 Patent’s Specification ........................................................... 5
`B.
`The Prosecution History ...................................................................... 7
`C.
`The Claims ........................................................................................... 7
`V. APPLIED PRIOR ART .................................................................................. 8
`A.
`TR25.835 ............................................................................................. 8
`B.
`Abrol ..................................................................................................14
`VI. APPLICANT’S ADMISSIONS AS TO THE STATE OF THE ART .........17
`A.
`“Physical” Layer, Wireless Networks,
`And Hybrid ARQ Methods ...............................................................17
`Coded Transport Blocks And Sequence Numbers .............................21
`
`B.
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`Patent 7,075,917
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`VII. LEVEL OF SKILL IN THE ART, AND STATE OF THE ART ..................26
`A.
`Person Of Ordinary Skill In The Art .................................................26
`VIII. CLAIM CONSTRUCTION .........................................................................27
`A.
`Proposed Constructions .....................................................................28
`IX. GROUND 1: CLAIMS 1-3 AND 9-10 ARE
`OBVIOUS OVER TR25.835 IN VIEW OF ABROL .................................29
`A.
`Claim 1 ...............................................................................................29
`1.
` Element 1.1 - Preamble .............................................................29
`2.
` Element 1.2 ...............................................................................33
`a)
`“coded transport blocks …” .................................33
`“storing coded transport blocks in a memory” .....37
`b)
`c)
`“packet data unit which … can be identified
`by a packet data unit sequence number” ..............40
`3. Element 1.3 ...............................................................................42
`a) Modifying TR25.835 In View of Abrol ................42
`b)
`“abbreviated sequence numbers … which
`can be shown unambiguously in a packet
`data unit sequence number” .................................46
`abbreviated sequence numbers “whose length
`depends on the maximum number of coded
`transport blocks to be stored” ...............................47
`“a physical layer of a transmitting side …
`storing abbreviated sequence numbers” ...............51
`4. Element 1.4 ...............................................................................52
`5. Element 1.5 ...............................................................................54
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`c)
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`d)
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`Patent 7,075,917
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`6. Element 1.6 ...............................................................................56
`Claim 2 ...............................................................................................61
`B.
`Claim 3 ...............................................................................................62
`C.
`Claim 9 ...............................................................................................63
`D.
`Claim 10 .............................................................................................66
`E.
`X. NO OBJECTIVE INDICIA OF NON-OBVIOUSNESS .............................69
`XI. CONCLUSION ............................................................................................69
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`TABLE OF AUTHORITIES
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`IPR2020-00315
`Patent 7,075,917
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`Page(s)
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`Cases
`Nidec Motor Corp. v. Zhongshan Borad Ocean Motor Co.,
`868 F.3d 1013 (Fed. Cir. 2017) ................................................................................ 28
`
`O2 Micro Int’l Ltd. v. Beyond Innovation Tech. Co.,
`521 F.3d 1351 (Fed. Cir. 2008) ................................................................................ 28
`Phillips v. AWH Corp.,
`415 F.3d 1303 (Fed. Cir. 2005) (en banc) ............................................................... 27
`
`Board Decisions
`Aurobindo Pharma USA, Inc. v. Andrx Corp. et al.,
`IPR2017-01648, Paper 34 (P.T.A.B. Dec. 28, 2018) .............................................. 27
`Cisco Sys., Inc. v. Focal IP, LLC,
`IPR2016-01254, Paper No. 15 (P.T.A.B. Dec. 28, 2016) ....................................... 17
`
`Statutes
`35 U.S.C. § 102 .................................................................................................... 8, 14
`35 U.S.C. § 103 .......................................................................................................... 3
`35 U.S.C. § 325 .......................................................................................................... 4
`
`Rules
`37 C.F.R. § 42.104 ..................................................................................................... 3
`83 Fed. Reg. 51340 .................................................................................................. 27
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`IPR2020-00315
`Patent 7,075,917
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`LIST OF EXHIBITS
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`
`Description
`
`U.S. Patent No. 7,075,917 (“the ’917 Patent”)
`
`File History of U.S. Patent No. 7,075,917
`
`Declaration of Harry Bims, PhD., signed and dated December
`16, 2019 (“Bims Decl.” or “Bims”)
`
`Declaration of Craig Bishop, signed and dated December 18,
`2019 (“Bishop Decl.” or “Bishop”)
`
`3G TR 25.835 V1.0.0 (2000-09) - 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network;
`Report on Hybrid ARQ Type II/III (Release 2000)” (TR25.835)
`
`3G TR 25.835 V0.0.2 (2000-08) - 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network;
`Report on Hybrid ARQ Type II/III (Release 2000), TSG-RAN
`Working Group 2 (Radio L2 and Radio L3), Sophia Antipolis,
`France, 21–15 August 2000 (TR25.835 (V0.0.2))
`
`U.S. Patent No. 6,507,582 “Radio Link Protocol Enhancements
`For Dynamic Capacity Wireless Data Channels,” issued January
`14, 2003 (Abrol)
`
`(3GPP), Technical
`3rd Generation Partnership Project
`Specification Group (TSG) RAN; Working Group 2 (WG2);
`Radio Interface Protocol Architecture; TS 25.301 V3.2.0 (1999-
`10) (TS25.301)
`
`No.
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`1001
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`1002
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`1003
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`1004
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`1005
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`1006
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`1007
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`1008
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`1009
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`1010
`
`1011
`
`1012
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`R2-001762 – “Title: Fast Hybrid ARQ Description” (“TSG-
`RAN Working Group 2 (Radio L2 and Radio L3) Sophia
`Antipolis, France, 21th to 25st August 2000”) (R2-001762)
`
`R2-001875 – “Title: Draft Report of the 15th TSG-RAN WG2
`meeting (Sophia Antipolis, France, 21-25 August 2000)” (R2-
`001875)
`
`Ericsson’s Motion to Intervene in Uniloc 2017 LLC v. AT&T
`Services, Inc. et al, Case No. 2:19-cv-102 (E.D. Tex.), ECF No.
`32.
`
`Order regarding Ericsson’s Motion to Intervene in Uniloc 2017
`LLC v. AT&T Services, Inc. et al, Case No. 2:19-cv-102 (E.D.
`Tex. Sept. 16, 2019).
`
`
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`MANDATORY NOTICES UNDER 37 C.F.R. § 42.8
`
`1.
`
` Real Party-In-Interest
`
`IPR2020-00315
`Patent 7,075,917
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`Ericsson Inc. (“Ericsson” or “Petitioner”) and
`
`its corporate parent
`
`Telefonaktiebolaget LM Ericsson are each a real party-in-interest.
`
`2.
`
` Related Matters
`
`The ’917 patent (Ex. 1001) is asserted in the following litigations: Uniloc
`
`2017 LLC v. Microsoft Corp., 8:18-cv-02053 (C.D. Cal.), filed November 17, 2018;
`
`Uniloc 2017 LLC v. Verizon Commc’ns Inc., et al., 2:18-cv-00513 (E.D. Tex.), filed
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`November 17, 2018; Apple Inc. v. Uniloc 2017 LLC, IPR2019-00259 (P.T.A.B.),
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`filed November 12, 2018, institution denied June 27, 2019; Uniloc 2017 LLC, et al.
`
`v. Verizon Commc’ns Inc., et al., 2:18-cv-00380 (E.D. Tex.), filed August 29, 2018;
`
`Uniloc 2017 LLC, et al. v. Microsoft Corp., 8:18-cv-01279 (C.D. Cal.), filed July 24,
`
`2018; and Uniloc 2017 v. AT&T Servs., Inc., 2:19-cv-00102 (E. D. Tex.), filed March
`
`26, 2019 (the “AT&T case”).
`
`Microsoft Corporation previously challenged claims 1–3 and 9–10 of the ʼ917
`
`patent in IPR2019-00973 (“Microsoft IPR-973”). The Board instituted review of
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`claims 1–3 and 9–10 based on Microsoft’s petition. IPR2019-00973, Paper 7 (PTAB
`
`Nov. 19, 2019).
`
`Ericsson is a party in the AT&T case for the ’917 Patent, as its motion to
`
`intervene was granted. See Ex. 1012. The AT&T case is currently stayed pending
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`Microsoft IPR-973.
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`IPR2020-00315
`Patent 7,075,917
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`3.
`
` Lead and Back-Up Counsel, and Service Information
`
`
`
`Lead Counsel
`J. Andrew Lowes
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`
`Back-up Counsel
`Clint Wilkins
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`
`Angela Oliver
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`
`
`
`972-680-7557
`Phone:
`214-200-0853
`Fax:
`andrew.lowes.ipr@haynesboone.com
`USPTO Reg. No. 40,706
`
`
`972-739-6927
`Phone:
`214-200-0853
`Fax:
`clint.wilkins.ipr@haynesboone.com
`USPTO Reg. No. 62,448
`
`
`202-654-4552
`Phone:
`214-200-0853
`Fax:
`angela.oliver.ipr@haynesboone.com
`USPTO Reg. No. 73,271
`
`
`Petitioner consents to service via email at the above email addresses.
`
`Pursuant to 37 C.F.R. § 42.10(b), concurrently filed with this Petition is a
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`Power of Attorney executed by Petitioner and appointing the above counsel.
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`Patent 7,075,917
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`Ericsson Inc. (“Petitioner”) respectfully requests inter partes review (“IPR”)
`
`of claims 1-3 and 9-10 of U.S. Patent No. 7,075,917 (“’917 patent”) (Ex. 1001),
`
`allegedly assigned to Uniloc 2017 LLC (“Patent Owner”). For the reasons set forth
`
`below, claims 1-3 and 9-10 should be found unpatentable and cancelled.
`
`As noted above in the Mandatory Notices section, the Board previously
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`instituted review of claims 1–3 and 9–10 based on Microsoft’s petition in Microsoft
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`IPR-973. The challenges to claims 1–3 and 9–10 presented herein are substantively
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`identical to Microsoft’s challenges in Microsoft IPR-973 and are based on the same
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`or substantially the same evidence presented in Microsoft IPR-973, as further
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`explained in the motion for joinder submitted with this petition.
`
`I. SUMMARY OF THE ARGUMENT
`
`The ’917 Patent generally discusses a system and method of detecting error-
`
`affected data transmitted over a wireless network and requesting retransmission
`
`using automatic repeat request technology (or “ARQ”). ’917 Patent (Ex. 1001) at
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`1:5-8, 1:64-67. The ’917 Patent itself admits that ARQ-type technology for detecting
`
`error-affected data
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`transmitted over a wireless network and
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`requesting
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`retransmission was well known prior to the ’917 Patent. Id. at 1:9-37. Bims, ¶ 23.
`
`The ’917 Patent purportedly discusses and claims two alleged improvements
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`over such prior art systems, namely (1) detecting error-affected data at the physical
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`layer of the receiving side (rather than waiting for this step to be performed at the
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`radio link control, i.e., “RLC,” layer), and for sending positive and negative
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`acknowledgments over a back channel directly between the physical layers of the
`
`receiver and transmitter (id. at 1:40-50, 2:28-44, 6:1-15); and (2) unambiguously
`
`identifying each packet data unit with an abbreviated sequence number (whose
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`length depends on the maximum number of coded transport blocks). Id. at 2:45-54.
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`However, and as shown below, such features were already well known in connection
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`with ARQ systems and methods. Bims, ¶ 24.
`
`In particular, TR25.835 (Ex. 1005), published September 13, 2000, discloses
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`the first alleged improvement: detecting error-affected data at the physical layer,
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`rather than waiting for this step to be performed at the radio link control layer, and
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`further discloses sending the positive or negative transmission acknowledgments
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`along a direct (or back) channel between the physical layers of the receiver and
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`transmitter. Notably, the ’917 patent contrasts its alleged invention with an earlier
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`version of this same specification (Ex. 1006) that did not include these disclosures.
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`Bims, ¶ 25.
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`The second alleged improvement of the ’917 patent, the use of an abbreviated
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`or shortened sequence number for a coded transport block to unambiguously
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`identify a packet data unit and whose length depends on the maximum number of
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`coded transport blocks to be stored, was taught by Abrol (Ex. 1007) well before the
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`alleged invention of the ’917 Patent. As discussed below, a POSITA would have
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`naturally incorporated these teachings of Abrol into the ARQ implementation for
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`wireless communication as disclosed by TR25.385, thus satisfying all limitations of
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`the challenged claims. Bims, ¶ 26.
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`II. GROUNDS FOR STANDING PER SECTION 42.104(A)
`
`Petitioner certifies that the ’917 Patent is available for IPR and that Petitioner
`
`is not barred or estopped from requesting an IPR challenging the patent claims on
`
`the ground identified in this petition.
`
`III.
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`IDENTIFICATION OF CHALLENGE
`
`A.
`
`Statement Of The Precise Relief Requested
`
`Petitioner requests inter partes review of claims 1-3 and 9-10 (each a
`
`“Challenged Claim,” and collectively the “Challenged Claims”) of the ’917 Patent
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`under 35 U.S.C. § 103, based on the following statutory grounds.
`
`
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`Reference(s)
`
`Basis Claims
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`Ground 1 3G TR 25.835 (Ex. 1005) and Abrol (Ex. 1007) § 103 1-3, 9-10
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`This petition presents evidence of unpatentability and establishes a reasonable
`
`likelihood that the Petitioner will prevail in establishing that each Challenged Claim
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`is unpatentable.
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`B. No Examiner Addressed These Unpatentability Grounds
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`IPR2020-00315
`Patent 7,075,917
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`Other than in Microsoft IPR-973, which Petitioner seeks to join, neither “the
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`same [n]or substantially the same prior art or arguments previously were presented
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`to the Office.” 35 U.S.C. § 325(d). Petitioner’s joinder renders the rest of this section
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`(III-B) moot, but Petitioner nonetheless points out a few salient facts consistent with
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`Microsoft IPR-973. Although Ericsson’s petition relies in part on a reference applied
`
`in Apple’s petition in IPR2019-00259, Ericsson’s petition presents that reference in
`
`a different light and relies on other art not cited in that petition. Specifically, neither
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`the applicants nor any Examiner addressed whether the information contained in
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`TR25.835 (Ex. 1005) was prior art or attempted to distinguish the claims from that
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`publication. Applicants disclosed an earlier version of this specification (Ex. 1006)
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`but that earlier version lacked the critical disclosures teaching use of the physical
`
`layer as a back-channel for sending ARQ messages (among other things). Bims,
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`¶ 41; compare TR25.835 Chapter 7 with Ex. 1006, Chapter 7.
`
`Moreover, the Examiner did not consider Abrol or any other reference that
`
`taught use of abbreviated sequence numbers to unambiguously identify a packet data
`
`unit and whose length depends on the maximum number of coded transport blocks
`
`to be stored. Because these key teachings in the prior art were not previously
`
`considered by the Office, this petition should not be denied under Section 325(d).
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`IV. THE ’917 PATENT
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`IPR2020-00315
`Patent 7,075,917
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`The ’917 Patent, titled “Wireless Network With A Data Exchange According
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`To The ARQ Method” issued on July 11, 2006, from a U.S. patent application filed
`
`on October 9, 2001. The ’917 Patent alleges priority to German Patent Application
`
`No. 100 50 117, filed October 11, 2000.
`
`A.
`
`The ’917 Patent’s Specification
`
`The ’917 Patent relates to “a wireless network comprising a radio network
`
`controller and a plurality of assigned terminals, which are each provided for
`
`exchanging data and which form a receiving and/or transmitting side.” Ex. 1001 at
`
`1:6-9. It admits that “[s]uch a wireless network [wa]s known” from the earlier
`
`version 0.0.2 of TR25.385. Id. at 1:10-18 (emphasis added). The patent generally
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`explains how known ARQ technology was used to identify and correct transmissions
`
`errors for “data sent in Packet Data Units (PDU) by the Radio Link Control layer
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`(RLC layer)” of a communications network. Id. at 1:18-32. See Bims, ¶ 28.
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`The ’917 Patent alleges that these prior art ARQ systems introduced
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`unnecessary delay because they relied on the higher-level radio control link (“RLC”)
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`layer to identify missing/corrupted PDUs and request retransmission of those
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`packets. Id. at 1:40-50. The ’917 Patent purports to solve this alleged problem and
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`reduce ARQ delay in two basic ways. See Bims, ¶¶ 29-30.
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`First, by detecting error-affected data at the physical layer, rather than waiting
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`for this step to be performed at the radio link control layer, and sends
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`acknowledgments over a back channel directly between the physical layers of the
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`receiver and transmitter. Id. at 1:40-50, 2:28-44. For example, it explains:
`
`according to the invention a fast back channel is provided
`which is inserted directly between the receiving physical
`layer and the sending physical layer and not between the
`RLC layers concerned. … The receiving physical layer
`checks whether the coded transport block has been
`transmitted correctly. If it has, a positive acknowledge
`signal ACK is sent to the sending physical layer over the
`back channel. Conversely, if the coded transport block has
`not been received error-free, a negative acknowledge
`command NACK is sent to the sending physical layer.
`Ex. 1001 at 6:1-15 (emphasis added); see Bims, ¶ 33.
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`Second, by using abbreviated sequence numbers in lieu of the prior art RLC
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`sequence numbers. The abbreviated sequence number supposedly “reduces the
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`extent of information that is required to be additionally transmitted for managing the
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`transport blocks and packet data units and simplifies the assignment of the received
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`acknowledge command to the stored transport blocks.” Id. at 2:45-49, 5:36-50; see
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`Bims, ¶¶ 31-32.
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`As outlined above, and as shown in detail below, these alleged “inventions”
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`were known in the prior art, and a POSITA would have naturally implemented an
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`ARQ system that satisfied each recited claim element. See Bims, ¶ 34.
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`IPR2020-00315
`Patent 7,075,917
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`B.
`
`The Prosecution History
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`On September 21, 2005, the Examiner issued a non-final rejection, objecting
`
`to informalities and requesting clarification of dependent claims 4-8, but citing no
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`prior art directly and finding allowable subject matter in claims 1-3, 9, and 10. ’917
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`Patent File History (Ex. 1002) at 61.
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`In response, the Applicant amended the claims to address the Examiner’s
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`concerns. Id. at pp. 69-73. The Examiner subsequently issued a notice of allowance
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`for claims 1-10, issuing as the ’917 Patent on July 11, 2006. Id. at p. 81.
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`C.
`
`The Claims
`
`This Petition challenges claims 1-3, and 9-10 of the ’917 Patent. Claims 1, 9
`
`and 10 are independent claims. Claim 1 is shown below.
`
`1. A wireless network comprising a radio network
`controller and a plurality of assigned terminals, which are
`each provided for exchanging data according to the hybrid
`ARQ method and which form a receiving and/or
`transmitting side, in which a physical layer of a
`transmitting side is arranged for
`
`storing coded transport blocks in a memory, which
`blocks contain at least a packet data unit which is delivered
`by an assigned radio link control layer and can be
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`identified by a packet data unit sequence number,
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`IPR2020-00315
`Patent 7,075,917
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`storing abbreviated sequence numbers whose length
`depends on the maximum number of coded transport
`blocks
`to be stored and which can be shown
`unambiguously in a packet data unit sequence number, and
`for
`
`transmitting coded transport blocks having at least
`an assigned abbreviated sequence number and
`
`a physical layer of a receiving side is provided for
`testing the correct reception of the coded transport block
`and for sending a positive acknowledge command to the
`transmitting side over a back channel when there is correct
`reception and a negative acknowledge command when
`there is error-affected reception.
`V. APPLIED PRIOR ART
`TR25.835
`A.
`
`TR25.835 (Ex. 1005) was published by 3GPP in 2000 and publicly available
`
`on the 3GPP file server no later than September 13, 2000. See Bishop Decl., Ex. 1004,
`
`¶ 25, see also id. at ¶¶ 12-24. It thus qualifies as prior art under at least Sections 102(a)
`
`and (b)1.
`
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`1 Pre-AIA Section 102(b) time bars are triggered off “the date of the application for
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`TR25.835 is directed to a wireless network comprising a radio network
`
`controller and a plurality of assigned terminals, which are each provided for
`
`exchanging data and which form a receiving and/or transmitting side, as essentially
`
`admitted to by the ’917 Parent. (Ex. 1001 at 1:10-18.) TR25.835 is specifically
`
`directed to Hybrid ARQ Type II/III technical solutions. (TR25.835 at pp. 7 and 8.)
`
`In particular, TR25.835 describes alternative approaches to Hybrid ARQ
`
`implementations. One of those options “uses hybrid ARQ type II/III retransmissions
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`at Layer 1” [i.e., the physical layer] as explained in more detail in Chapter 7 of
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`TR25.835 (Id. at p. 9.) TR25.835 states that this option adds “fast hybrid ARQ II/III
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`functionality” (or “FHARQ” or “fast HARQ”) to the physical layer. (TR25.835 at p.
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`9; Bims, ¶ 40.)
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`Chapter 7 of TR25.835 was not contained in the earlier version of TR25.835
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`(V0.0.2) that is discussed in the specification of the ’917 Patent (Ex. 1001, 1:9-62;
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`5:13-35) and which was disclosed in an IDS submitted during the prosecution of the
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`’917 Patent (Ex. 1002 at pp. 52-53).2 Thus, the Examiner did not have this
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`patent in the United States” (emphasis added), not the date of the German application
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`to which the ’917 Patent alleges priority. See 35 U.S.C. § 102(b) (Pre-AIA).
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`2 Indeed, the 3GPP document that proposed the Chapter 7 changes that led up to
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`information when examining the application. Bims, ¶ 41.
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`Chapter 7 discusses the structure, function, and advantages of the HARQ
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`option. TR25.835 at pp. 25-28. Among other things, the HARQ option of Chapter 7
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`discloses and suggests several features that are relevant to the ’917 Patent’s claims,
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`including but not limited to:
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`(1) the physical layer of the receiving side testing whether the coded transport
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`blocks were correctly
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`received
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`(without waiting
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`for such
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`testing or
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`acknowledgement from the radio link control layer or “RLC” layer);
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`(2) the physical layer sending over a back channel (or a channel directly
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`between the physical layers of the transmitting and receiving sides) a positive
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`acknowledgment when there is a correct reception of the coded transport blocks (i.e.,
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`data and CRC or redundancy information) and a negative acknowledgment when
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`there is an error-affected reception (without waiting for such testing or
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`TR25.835 is dated even earlier, i.e., August 23, 2000. See Ex. 1009; Bishop Decl.,
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`Ex. 1004 at ¶ 27. It also was not cited during the prosecution of the ‘917 Patent.
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`Christoph Herrmann, the named inventor on the ’917 Patent, was apparently at the
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`Sophia Antipolis, France conference where this change proposal was presented. See
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`Ex. 1010; Bishop Decl., ¶ 28.
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`acknowledgement from the RLC layer); and
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`(3) generating a sequence number at the physical layer.
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`Specifically, for instance, Chapter 7 of TR25.835 states:
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`To perform the fast HARQ operation the physical layer
`requires some additional side information, e.g. FHARQ
`sequence number, and redundancy version. The
`selection of these parameters should be under the control
`of MAC but the actual parameter values are generated at
`L1. The physical layer can encode the data and the side
`information separately, and map them on one, or possibly
`even different physical channels. At the receiver the
`buffering and recombining of the data is performed.
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`Id. at p. 26 (emphases added); see Bims, ¶¶ 42-43.
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`Further, for example, TR25.835 explains how the physical layers are used.
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`7.2 Usage of transport channels and physical
`channels
`If fast HARQ is operated as a dual-channel model, the side
`information must be available very quickly since the
`retransmission interval is only one frame. The receiver
`reads the sequence number and redundancy version
`after which the packet is decoded. The integrity of the
`packet is checked and an acknowledgement is sent in
`the current uplink frame. Fast HARQ is planned to be
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`employed on DSCH. Side information and sequence
`number are added by Layer 1 to facilitate fast decoding
`at the receiver end.
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`****
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`7.3 Services provided by the physical layer
`7.3.1 Functions of Layer 1
`The main functions of the physical layer are listed in [1].
`The following additional functions have to be performed
`for fast HARQ operation:
`redundancy selection, TX buffering, retransmission
`-
`control, RX soft decision buffering and combining for
`data
`- encoding/decoding, transmission, and error detection
`on fast HARQ side information (including fast
`acknowledgements)
`- generation of Acknowledgement PDU & Side
`Information
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`7.3.2 Interface to Layer 1
`According to the functional split, major parts of the
`functionality for fast HARQ have to be performed in
`the physical layer. Some fast HARQ parameters are
`passed from higher layers, the required changes are FFS.
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`TR25.835 at p. 27 (emphasis added); see Bims, ¶¶ 44.
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`The following figure from TR25.835 clearly shows a “back” channel or
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`channels directly between the physical sides of a transmitter and receiver. The solid
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`lines generally show “the transport of user data that is to utilize fast hybrid ARQ”
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`and the dotted lines “visualise the transport of necessary side information for fast
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`hybrid ARQ operation.” TR25.835 at p. 27. As shown above, the physical layer
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`performs (among other things) “error detection on fast HARQ side information
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`(including fast acknowledgements” as well as “generation of Acknowledgement
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`PDU & Side Information” without waiting for the RLC layer. Id. at p. 27 (emphasis
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`added). Thus, TR25.835 teaches that the physical layer of the receiving side tests
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`whether the coded transport data was correctly received or not, and sends over a
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`“back” channel a positive or negative acknowledgment, respectively, without
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`waiting for the RLC layer.
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`Id. at Figure 2, p. 27; see Bims, ¶ 45.
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`B. Abrol
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`
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`Abrol (Ex. 1007) teaches the use of an abbreviated or shortened sequence
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`number to identify a packet data unit in a wireless communication system employing
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`ARQ protocols. Bims, ¶ 46. Abrol was filed on May 27, 1999 and issued on January
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`14, 2003. Abrol is prior art to the ’917 Patent (at least) under 35 U.S.C. § 102(e)
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`(pre-AIA).
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`Specifically, Abrol teaches generating shortened sequence numbers from
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`assigned sequence numbers to unambiguously identify an item of data:
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`The RLP sequence number 240 in each retransmit frame
`230 may optionally be shortened in the same ways as
`discussed for RLP sequence numbers as long as doing so
`causes no sequence number ambiguity.
`***
`The type field is followed by the RLP sequence number.
`When possible without causing sequence number
`ambiguity, shortened RLP sequence numbers of 8 bits
`are used. At other times, shortened RLP sequence
`numbers of 14 bits or full 20-bit RLP sequence numbers
`are contained by the RLP header.
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`Abrol at 8:18-21, 9:16-21; see also id. at 10:49-54, 12:64–13:6 (emphases added);
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`Bims, ¶ 47.
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`Abrol at Fig. 6; Bims, ¶ 47.
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`VI. APPLICANT’S ADMISSIONS AS TO THE STATE OF THE ART
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`Applicant admits that a large portion of the technology and features described
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`in the ’917 patent were known in the art. Below are a few such examples. These
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`admissions inform in part what a POSITA would know and understand at the time
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`of the filing of the application. (See Bims, ¶ 48.) See, e.g., Cisco Sys., Inc. v. Focal
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`IP, LLC, IPR2016-01254, Paper No. 15, pp. 23, 27-28 (P.T.A.B. Dec. 28, 2016)
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`(knowledge of a POSITA includes admitted prior art described in the patent at issue).
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`A.
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`“Physical” Layer, Wireless Networks, And Hybrid ARQ Methods
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`The ’917 Patent explains that it is related to well-known wireless technology
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`comprising “a radio network controller and a plurality of assigned terminals which
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`are each provided for exchanging data and which form a receiving and/or
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`transmitting side” such as that set forth in TR25.835 (V0.0.2). Ex. 1001 at 1:5-14;
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`Bims, ¶ 49.
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`The ’917 patent also admits that it utilizes a well-known, three-layer protocol
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`architecture as shown in TS25.301 (Ex. 1008)3.
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`3 TS25.301 (Ex. 1008), which is referenced in the ’917 Patent, is used herein to show
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`Applicant’s admissions as to the state of the technology and what a POSITA would
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`know at the time the ’917 Patent application was filed.
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`The exchange of control and useful data via the radio
`interface between the radio