UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Hewlett Packard Enterprise Company,
`Petitioner
`
`v.
`
`Intellectual Ventures II, LLC,
`Patent Owner.
`
`
`
`
`Patent No. 8,725,132 to Backes et al.
`
`IPR Case No.: IPR2021-01376
`
`
`DECLARATION OF MATTHEW B. SHOEMAKE, Ph.D.
`
`
`
`
`
`
`
`
`
`
`
`
`Hewlett Packard Enterprise Co. Ex. 1003, Page 1 of 195
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`IPR2021-01376
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`

`

`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`
`TABLE OF CONTENTS
`
`TABLE OF EXHIBITS ...........................................................................................iv
`INTRODUCTION AND QUALIFICATIONS .............................................. 1
`I.
`Educational Background ...................................................................... 3
`A.
`Professional Experience ....................................................................... 3
`B.
`Expert Consulting Experience .............................................................. 6
`C.
`Patents and Publications ....................................................................... 7
`D.
`Other Relevant Qualifications .............................................................. 7
`E.
`II. METHODOLOGY; MATERIALS CONSIDERED .................................... 11
`III. OVERVIEW AND LEGAL STANDARDS ................................................ 11
`Person of Ordinary Skill in the Art .................................................... 12
`A.
`Anticipation ........................................................................................ 12
`B.
`Obviousness ........................................................................................ 13
`C.
`IV. LEVEL OF ORDINARY SKILL IN THE ART .......................................... 16
`KNOWLEDGE OF A POSITA .................................................................... 18
`V.
`Friis Transmission Equation ............................................................... 18
`A.
`Shannon’s Channel Capacity Equation .............................................. 20
`B.
`Overlapping Coverage Areas ............................................................. 21
`C.
`D. Open-loop and Closed-loop Control Systems .................................... 24
`VI. OVERVIEW OF THE ’132 PATENT ......................................................... 25
`Priority Date ....................................................................................... 25
`A.
`Overview of the ’132 Patent ............................................................... 25
`B.
`The Challenged Claims ...................................................................... 27
`C.
`The Prosecution History of the ’132 Patent ....................................... 29
`D.
`Claim Construction............................................................................. 32
`E.
`VII. OVERVIEW OF PRIOR ART ..................................................................... 34
`802.11 Terminology ........................................................................... 34
`A.
`
`ii
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`B.
`
`B.
`
`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`Prior to the ’132 patent, it was well-known to adjust the power
`level of devices in wireless networks to reduce interference ............. 35
`4.2 Adjustable Transmitter Power ............................................................ 56
`Garg (Ex-1004) ................................................................................... 66
`C.
`Larsson (Ex-1007) .............................................................................. 68
`D.
`Zweig (Ex-1005) ................................................................................ 89
`E.
`Klein (Ex-1006) .................................................................................. 95
`F.
`VIII. ANALYSIS ................................................................................................. 102
`GROUND 1: Garg discloses, teaches, or suggests every
`A.
`limitation of the Challenged Claims ................................................ 102
`Scope and Content of the Prior Art ........................................ 102
`
`Challenged Claims ................................................................. 102
`
`GROUND 2: Larsson alone and in view of Okamoto and
`802.11-1999 discloses every limitation of the Challenged
`Claims ............................................................................................... 118
`Scope and Content of the Prior Art and Motivation to
`
`Combine ................................................................................. 118
`Challenged Claims ................................................................. 120
`
`GROUND 3: Zweig in view of Klein renders obvious the
`Challenged Claims ........................................................................... 153
`Scope and Content of the Prior Art and
`
`Motivation/Rationale for Combining ..................................... 153
`Challenged Claims ................................................................. 172
`
`IX. AUTHENTICATION OF IEEE DOCUMENTS ....................................... 184
`DECLARATION IN LIEU OF OATH ...................................................... 187
`X.
`
`
`
`C.
`
`iii
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`
`TABLE OF EXHIBITS
`
`Exhibit
`1001
`
`Description
`U.S. Patent No. 8,725,132 (“the ’132 patent”)
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`File history of U.S. Patent No. 8,725,132 (“’132 FH”)
`
`Declaration of Matthew E. Shoemake, Ph.D. Regarding Invalidity
`of U.S. Patent No. 8,725,132
`
`Garg, Vijay Kumar, “IS-95 CDMA and cdma2000: cellular/PCS
`systems implementation,” Prentice-Hall Inc., 2000, ISBN 0-13-
`087112-5 (“Garg”)
`
`U.S. Patent No. 7,308,279 to Zweig (“Zweig”)
`
`U.S. Patent Application Publication No. 2003/0100328 to Klein et
`al. (“Klein”)
`
`International Publication No. WO 02/082751 to Larsson
`(“Larsson”)
`
`ETSI TS 125 224, Universal Mobile Telecommunications Systems
`standard by European Telecommunications Standards Institute
`(“ETSI TPC Standard”)
`
`U.S. Patent Application Publication No. 2003/0207699 to Shpak
`(“Shpak-699”)
`
`U.S. Patent Application Publication No. 2002/0159404 to
`Raissinia et al. (“Raissinia-404”)
`
`TIA/EIA-95-B final publication version, December, 1998, Mobile
`Station-Base Station Compatibility Standard for Dual-Mode
`Spread Spectrum Systems
`
`Google Scholar printout of citations to Ex-1004, i.e., citations to
`Garg.
`
`iv
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`
`Exhibit
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`1020
`
`Description
`August 23, 2021 letter to Patentee’s counsel stipulating to non-use
`of IPR grounds prior art in District Court
`
`U.S. Patent No. 7,774,013 (“the ’013 patent”)
`
`IEEE Std 802.11-1997, Information Technology-
`Telecommunications and information exchange between
`systems- Local and metropolitan area networks- Specific
`requirements- Part 11: Wireless LAN Medium Access Control
`(MAC) and Physical Layer (PHY) specifications
`
`IEEE Std 802.11-1999, Information Technology-
`Telecommunications and information exchange between
`systems- Local and metropolitan area networks- Specific
`requirements- Part 11: Wireless LAN Medium Access Control
`(MAC) and Physical Layer (PHY) specifications (“802.11-
`1999”)
`
`EUROPEAN RADIOCOMMUNICATIONS COMMITTEE, ERC
`Decision of 29 November 1999 on the harmonised frequency
`bands to be designated for the introduction of High
`Performance Radio Local Area Networks (HIPERLANs)
`(ERC/DEC/(99)23)
`
`Draft Supplement to STANDARD FOR Telecommunications and
`Information Exchange Between Systems – LAN/MAN Specific
`Requirements – Part 11: Wireless Medium Access Control
`(MAC) and physical layer (PHY) specifications: Spectrum and
`Transmit Power Management extensions in the 5GHz band in
`Europe, Version 1.0, IEEE, July 2001
`
`Okamoto, Garret T., “Smart Antenna and Wireless LANs,” Kluwer
`Academic Publishers, 1999, ISBN 0-7923-8335-4
`
`Patent Owner’s Infringement Contentions in Intellectual Ventures
`I LLC v. Hewlett Packard Enterprise Co., No. 6:21-cv-00226
`(W.D. Tex.)
`
`v
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`
`Exhibit
`
`1021
`
`1022
`
`1023
`
`1024
`
`1025
`
`1026
`
`1027
`
`1028
`
`1029
`
`1030
`
`1031
`
`Description
`Public Catalog record for Ex-1004 “IS-95 CDMA and cdma2000
`Cellular/PCS Systems Implementation,” by Vijay K. Garg from
`the U.S. Copyright Office
`
`Library of Congress Catalog for Ex-1004 “IS-95 CDMA and
`cdma2000 Cellular/PCS Systems Implementation,” by Vijay K.
`Garg
`
`Public Catalog record for Ex-1019 “Smart Antenna and Wireless
`LANs,” by Garret T. Okamoto
`
`Library of Congress Catalog for Ex-1019 “Smart Antenna and
`Wireless LANs,” by Garret T. Okamoto
`
`Curriculum vitae of Dr. Shoemake
`
`IEEE 802.11-00/123, An estimate of the minimum number of
`channels for full capacity 54 Mbit/s 802.11a in a dense cellular
`structured network, May 2000
`
`Paul, Clayton R., “Introduction to Electromagnetic Fields,”
`McGraw-Hill, 1987, ISBN 0-07-45908-8
`
`Cover, Thomas M., “Elements of Information Theory,” John Wiley
`& Sons, Inc., 1991, ISBN 0-471-06259-6
`
`IEEE 802.11/00-301r3, Supplement to Standard for Information
`Technology-Telecommunications and information exchange
`between systems-Local and Metropolitan networks-Specific
`requirements-Part II: Wireless LAN Medium Access Control
`(MAC) and Physical Layer (PHY) specifications for Spectrum
`and Transmit Power Management extensions in the 5 GHz
`band in Europe, October 2000
`
`IEEE 802.11-00/369, SMASG Functional Requirements
`Recommendations, November 2000
`
`IEEE 802.11-01/217, TPC/DFS Proposal for 802.11h, May 2000
`
`vi
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`
`Exhibit
`
`1032
`
`1033
`
`1034
`
`1035
`
`1036
`
`1037
`
`1038
`
`Description
`IEEE P802.11, Benefits of TPC Request and Response Frames for
`802.11h, October 2, 2001
`
`IEEE 802.11-01/217a, Overview of the Proposal for DFS and
`TPC, May 2001
`
`Wakerly, John F., “Digital Design Principles and Practices,”
`Prentice-Hall, Inc., 1990, ISBN 0-13-212838-1
`
`Slater, Michael, “Microprocessor-Based Design,” Prentice-Hall,
`Inc., 1989, ISBN 0-13-582248-3
`Graf, Rudolf F., “Modern Dictionary of Electronics,” Butterworth-
`Heinemann, 1999, ISBN 0-7506-9866-7
`
`Lex Machina docket report for District Judge Alan D Albright of
`the U.S. District Court for the Western District of Texas
`showing 12 docket entries for December 7, 2022
`
`U.S. Provisional Patent Application No. 60/282,191 filed April 9,
`2001
`
`vii
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`I, Matthew B. Shoemake, Ph.D., declare as follows:
`
`I.
`
`INTRODUCTION AND QUALIFICATIONS
`I am over the age of 21 and am competent to make this declaration.
`1.
`
`2.
`
`I have been retained on behalf of Hewlett Packard Enterprise Company
`
`(“HPE”) to provide my opinions regarding the validity of certain claims of U.S.
`
`Patent No. 8,725,132 (“’132 patent”). I submit this declaration based on my personal
`
`knowledge and in support of HPE’s inter partes review Petition (the “Petition”)
`
`against the ’132 patent.
`
`3.
`
`I have been asked to provide my independent analysis of the ’132 patent
`
`in light of the materials cited below and my knowledge and experience in this field
`
`during the relevant period. I have been asked to consider whether the references
`
`cited in the Petition anticipate and/or render obvious the invention described by
`
`claims 1 and 3 of the ’132 patent.
`
`4.
`
`I am being compensated according to my normal hourly rate for my
`
`time providing my independent analysis in this aforementioned IPR proceeding, but
`
`my compensation is not contingent in any way on the content of my analysis or the
`
`outcome of this proceeding. I am not, and never was, an employee or agent of HPE.
`
`5. My findings, as explained below, are based on my study, experience,
`
`and background discussed below, informed by my extensive experience in the fields
`
`
`
`1
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`of mobile systems, computer software, networking, and user experience design at
`
`the pertinent timeframe. My findings are also based on my education as a computer
`
`scientist and electrical engineer, in addition to the subsequent decades of work in
`
`research and development in these fields. As described in more detail below, based
`
`on my experiences, I understand and know of the capabilities of persons of ordinary
`
`skill in the fields of computer software, networking, and user experience design in
`
`2003, when the application to which the ’132 patent claims priority was filed.
`
`Indeed, I have relevant personal knowledge and experience, in addition to working
`
`directly with many such persons in these fields during that time frame. I have also
`
`relied on my review and analysis of the prior art cited in the Petition, information
`
`provided to me in connection with this case, and information I have independently
`
`reviewed.
`
`6.
`
`Attached as Exhibit 1025 is my curriculum vitae, which includes a more
`
`detailed statement of my professional qualifications,
`
`including education,
`
`publications, honors and awards, professional activities, consulting engagements,
`
`and other relevant experience. While I incorporate Appendix A by reference, below
`
`is a brief summary of my background, including my background and experience
`
`relevant to this case.
`
`2
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`Educational Background
`A.
`7.
`I graduated magna cum laude from Texas A&M University with a
`
`bachelors degrees in both electrical engineering and computer science in 1994. I also
`
`have a master’s degree (1997) and a Ph.D. in electrical engineering from Cornell
`
`University (1999).
`
`Professional Experience
`B.
`8. While I was completing my undergraduate degree, and for one year
`
`thereafter, I worked as an intern and engineer in the digital signal processing group
`
`at Texas Instruments, Inc. in Stafford, Texas. Digital signal processing is the use of
`
`digital processing, such as by computers or by more specialized digital signal
`
`processors, to perform a wide variety of signal processing operations. Digital signal
`
`processing is used in telecommunications and navigation applications (among other
`
`applications). Processors that I worked on at Texas Instruments during this time
`
`period were used in, for example, voice processing, image processing, fax machines,
`
`voiceband modems, wireless communications, digital radio receivers, display
`
`systems, and anti-lock brakes on cars and aircraft. I left Texas Instruments in 1995
`
`to continue my graduate studies at Cornell.
`
`9.
`
`Shortly after I received my M.S. in electrical engineering, in 1997, I
`
`joined the founding team of Alantro Communications, Inc., a manufacturer of
`
`semiconductor products. While employed by Alantro, I served as an engineer and
`
`3
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`engineering manager in the development of HDSL2 modems, cable modems, 2.4
`
`GHz cordless phones, and Wi-Fi technologies. More specifically, I managed the
`
`baseband systems team where I developed 802.11b-compliant physical layer
`
`technology. Today, this technology is referred to as Wi-Fi 1, i.e., the first generation
`
`of Wi-Fi. I also led the first development of 802.11a OFDM technology at Alantro.
`
`IEEE 802.11a technology is now referred to as Wi-Fi 2 and relates to, among other
`
`things, 5 GHz communications. Amongst other things, I was responsible for building
`
`and designing physical layer communication systems at Alantro. These physical
`
`layers were responsible for transmitting and receiving messages both across wires
`
`and wirelessly.
`
`10. Texas Instruments acquired Alantro in 2000. I had by that time
`
`completed my Ph.D. and became the manager of Texas Instruments’ Wireless
`
`Networking Branch in the Texas Instruments DSP Solutions R&D Center from 2000
`
`to 2003. While manager of this group, I developed technologies for quality of
`
`service in Wi-Fi networks as well as Bluetooth and Wi-Fi coexistence technology.
`
`Also, during this period, I worked on the first smartphone with Wi-Fi, i.e., the Nokia
`
`9100 Communicator.
`
`11. The 802.11 solutions that I built at Alantro and Texas Instruments
`
`shipped in numerous products including Intel’s Centrino brand of Wi-Fi products
`
`4
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`and in Dell, D-Link, Linksys, Nokia, and many other products. The descendants of
`
`those products are still sold by Texas Instruments today.
`
`12. While at Texas Instruments, I also led an effort to lower the power
`
`consumption of Wi-Fi specifically so Wi-Fi could be added to mobile phones and
`
`smartphones. That activity involved engineers from Texas Instruments in California,
`
`North Carolina, Texas, and Israel.
`
`13.
`
`In 2003, I founded WiQuest Communications, Inc. and was the
`
`President and CEO of WiQuest from 2003 to 2008. At WiQuest, I developed and
`
`sold the world’s first wireless docking system for notebook computers and the
`
`world’s first 1 Gbps ultrawideband chipset. I also developed the world’s first
`
`wireless VGA/DVI system for notebook computers. This technology was
`
`incorporated into products developed by several major computer and electronics
`
`manufacturers such as Dell, Toshiba, Lenovo, Belkin, D-Link, and Kensington. I
`
`built the company from inception to 120 employees. I managed a diverse group of
`
`employees that were located in Texas, India, California, Taiwan, and Japan.
`
`14.
`
`In 2008, I founded Biscotti Inc., a designer and manufacturer of high-
`
`definition, Wi-Fi based video calling systems for the home. Biscotti products
`
`operated using wireless networks. The products were small and mobile. The
`
`products used cloud-based servers for video calling, directory services, software
`
`5
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`updates, and device configuration. Biscotti designed web, HDTV and smartphone
`
`user interfaces. Minimizing server utilization and power consumption were
`
`important design goals of Biscotti’s products. I served as the CEO of Biscotti Inc.
`
`through 2018.
`
`C.
`15.
`
`Expert Consulting Experience
`In about 2008, large companies began calling on me to serve as an
`
`expert and to testify in wireless patent litigation cases due to my background and
`
`experience, initially for Wi-Fi-related matters. Starting in 2008 and continuing
`
`thereafter, I have served in an expert capacity in trials where my expertise in
`
`communication systems and standards were needed by judges and juries. Clients that
`
`have used my services include Cisco, Intel, Broadcom, Apple, Texas Instruments,
`
`Samsung, BlackBerry, NXP, FujiFilm, Sharp, Sprint, AT&T, Dell, Realtek, HTC,
`
`Canon, Honda, Verizon, Mercedes-Benz, Wistron, Mitsubishi, Google, Harmon, T-
`
`Mobile, HP, Mitsubishi, and Caltech.
`
`16. After working in this expert capacity as a sole proprietor for many
`
`years, I incorporated Peritum LLC in 2016. Today, I continue providing expert
`
`engineering, consulting and technical services via Peritum.
`
`17.
`
`I have testified as an expert in many cases involving wireless
`
`communications, transmission of messages, power efficiency, and/or wireless
`
`6
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`location technology.
`
`D.
`18.
`
`Patents and Publications
`I am a named inventor on over thirty patents, including patents related
`
`to wireless communications systems and various aspects of data communications
`
`systems including encoding, decoding, and transmission of information. A list of
`
`those patents appears in Exhibit 1025.
`
`19.
`
`I have authored, co-authored, and contributed to many technical papers
`
`and publications, most in the area of data communications. A list of those
`
`publications appears in Exhibit 1025.
`
`E. Other Relevant Qualifications
`I have been a member of the Institute of Electrical and Electronic
`20.
`
`Engineers (“IEEE”) since 1991. In 1999, I was elected as the Chairperson of the
`
`IEEE 802.11g Study Group where I led a committee of twenty engineers to set
`
`project requirements for IEEE 802.11g. Subsequently, from 2000 to 2003, I was the
`
`Chairperson of the IEEE 802.11g Task Group (now Wi-Fi 3) where I led a committee
`
`of over 200 engineers to set standards for 54 Mbps data rates in the 2.4 GHz band in
`
`a way that was backward compatible with the IEEE 802.11b standard. From 2003 to
`
`2004, I was the Chairperson of the IEEE 802.11n Task Group (Wi-Fi 4) where I led
`
`a committee of over 300 engineers through the initial stages of standardization of
`
`data rate enhancements in excess of 100 Mbps.
`
`7
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`21. My experience with computer servers, clients and user interfaces goes
`
`back to 1989 while at Texas A&M. My study of protocols such as HTTP, FTP, TCP,
`
`and UDP dates back to the early 1990s. I began programming computers myself at
`
`the age of 10 using a TI-99/4A computer. I have experience with user interface
`
`design for products such as DSP evaluation kits, Wi-Fi access points, Wi- Fi
`
`cameras, Wireless USB products, and web portals.
`
`22.
`
`I have expertise in error correction coding a form of coding of
`
`information and signals for the purpose of making them resilient to noise and
`
`interference. I have expertise in protocols that are designed to mitigate noise and
`
`interference such as spread spectrum technologies and ARQ. I am familiar with the
`
`theory of propagation of electromagnetic waves and antennas including concepts
`
`such as signal-to-noise ratio. I am familiar with concepts such as frequency-division
`
`and time-division used to allocate wireless resources for avoidance of interference.
`
`I am also familiar with concepts such carrier-sense multiple access with collision
`
`avoidance (CSMA/CA) as used in Wi-Fi systems. I am also familiar with concepts
`
`of beacons used in networks such as Wi-Fi. I am familiar with channel access
`
`protocols such as IEEE 802.11’s distributed coordination function (DCF). I am
`
`familiar with techniques for mitigating interference between wireless devices such
`
`as the 802.11 virtual carrier sense mechanism (NAV). I am familiar with concepts
`
`8
`
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`related to cell site planning, coverage, and interference mitigation between cells. I
`
`am familiar with concepts of carrier sense, listen-before-talk, collisions, and
`
`collision avoidance mechanisms. I am familiar with FCC regulations such as the
`
`regulation for use of so-called “unlicensed spectrum” in the ISM and U-NII bands.
`
`I am familiar with physical layer transmission and reception techniques channel
`
`coding, modulation, upconversion, down-conversion, channel estimation, carrier
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`offset, timing offset, MIMO, OFDM and OFDMA, adjacent channel rejection, and
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`signal detection. I am familiar with Maxwell’s laws and Friis transmission equation.
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`23. My experience with CDMA and IS-95 systems began at least by the
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`time I was studying for my Ph.D. at Cornell University in 1994. CDMA is a basic
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`technique for communication and was taught at that time in communication systems
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`classes at Cornell. Further, IS-95 was released in 1995 and at that time I studied the
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`basic principles of the IS-95 systems including principles of power control, spread
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`spectrum, simultaneous transmission, and spreading codes. I also became familiar
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`with the Walsh coding techniques used in IS-95 at the time. I also studied the reasons
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`for transmit power control including the reduction of interference as well as the need
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`to make sure that simultaneously received signals at a base station did not have such
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`a wide variation in power as to exceed the front end range of the base station. Further,
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`while at Cornell I studied and researched the types of error correction codes used in
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`9
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`IPR2021-01376
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`IS-95, i.e. binary convolutional codes and their associated decoders. Further in the
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`period from 1997-1999 I worked on direct sequence spread spectrum systems for
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`802.11 and due to their use of spread spectrum technology, I continued to study the
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`similarities and differences between the spread spectrum techniques used in cellular
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`systems such as IS-95 and those used in 802.11 systems. I further studied the
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`mathematical definition of spread spectrum systems due to need for regulatory
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`changes in the 2.4 GHz band that limited communication to spread spectrum
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`technology. I communicated with the FCC on the nature of spread spectrum
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`technologies such as those used in cellular systems and 802.11 systems to explain to
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`the FCC why rules could be modified in the 2.4 GHz ISM band to allow non-spread
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`spectrum transmissions. Further, while I was at Texas Instruments from 2000-2003
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`I worked on integration of cellular, Bluetooth and Wi-Fi technologies into cellular
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`phones. This led me to study the transmission characteristics of cellular transmission
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`systems including IS-95, CDMA 2000 and GSM as well as Bluetooth. The
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`characteristics included timing of transmission, spectrum usage, and transmit power
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`levels. In fact, my work at Texas Instruments during this timeframe included direct
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`support of Nokia which was for the first time integrating cellular, Wi-Fi and
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`Bluetooth into their cellular phones.
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`24.
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`I have served on the External Advisory Committee for the Texas A&M
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`University Department of Electrical and Computer Engineering from 2006 to 2020.
`
`II. METHODOLOGY; MATERIALS CONSIDERED
`I have relied upon my education, knowledge and experience with
`25.
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`computer software and hardware, networking, and user experience design, as well
`
`as the other materials as discussed in this declaration in forming my opinions.
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`26. For this work, I have been asked to review the ’132 patent including the
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`specification and claims 1 and 3. I have considered claims other than claims 1 and
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`3 of the ’132 patent in the context of claim construction, but I have not considered
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`the validity of any claims other than claims 1 and 3. In developing my opinions
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`relating to the ’132 patent, I have considered the materials cited herein, including
`
`those itemized in the “Table of Exhibits” list preceding this declaration. I have been
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`told by counsel that the prior art cited herein (e.g., Garg, Larsson, Zweig, Klein,
`
`Okamoto, 802.11(1999)) qualifies as prior art to the ’132 patent under U.S. law.
`
`III. OVERVIEW AND LEGAL STANDARDS
`In formulating my opinions, I have been instructed to apply certain
`27.
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`legal standards. I am not a lawyer. I do not expect to offer any testimony regarding
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`what the law is. Instead, the following sections summarize the law as I have been
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`instructed to apply it in formulating and rendering my opinions found later in this
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`declaration. I understand that, in an inter partes review proceeding, patent claims
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`may be deemed unpatentable if it is shown that they were anticipated by a single
`
`11
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`patent or printed publication or rendered obvious by one or more prior art patents or
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`printed publications. I understand that questions of claim clarity (definiteness) and
`
`enablement cannot be considered as a ground for considering the patentability of a
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`claim in these proceedings.
`
`A.
`28.
`
`Person of Ordinary Skill in the Art
`I understand that the ’132 patent and the teachings of the prior art are
`
`evaluated from the perspective of a person of ordinary skill in the art (“POSITA”).
`
`I understand that the factors considered in determining the ordinary level of skill in
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`the art include: (i) the levels of education and experience of persons working in the
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`field; (ii) the types of problems encountered in the field; and (iii) the sophistication
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`of the technology. I may also consider, if available, the education level of the
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`inventor, prior art solutions to the problems encountered in the art, and the rapidity
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`with which innovations are made in the relevant art.
`
`29.
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`I understand that a person of ordinary skill in the art is not a specific
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`real individual, but rather a hypothetical individual having the qualities reflected by
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`the factors above. This hypothetical person has knowledge of all prior art in the
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`relevant field and takes from each reference what it would teach to a person having
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`the skills of a POSITA.
`
`B. Anticipation
`I understand that a patent claim may be invalid as “anticipated” if each
`30.
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`Declaration of Matthew B. Shoemake, Ph.D.
`IPR2021-01376
`U.S. Patent No. 8,725,132
`and every feature of the claim is found, expressly or inherently, in a single item of
`
`prior art, such as in a single prior art patent or printed publication. In determining
`
`whether the single item of prior art anticipates the claim, one considers not only what
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`is expressly/implicitly disclosed in the particular item of prior art, but also what is
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`inherently present or disclosed in that prior art or what inherently results from its
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`practice.
`
`C. Obviousness
`I understand that a claim may be invalid if the subject matter described
`31.
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`by the claim as a whole would have been obvious to a POSITA in view of a prior art
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`reference, or in view of a combination of references at the time the claimed invention
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`was made. Therefore, I understand that obviousness is determined from the
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`perspective of a POSITA, and that the asserted claims o