Free Declaration - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOKIA CORPORATION and NOKIA,
INC.,
Plaintiffs,
CLA. No. 05-16-JJF
v.
INTERDIGITAL COMMUNICATIONS
CORPORATION and INTERDIOITAL
TECHNOLOGY CORPORATION,
Defendants.
DECLARATION OF ILKKA NIVA IN SUPPORT OF NOKIMS OPPOSITION
TO INTERDIGITAL’S MOTION T0 DISMISS
Pursuant to 28 U.S.C‘.. § 1746, I, Ilkks Niva, dscisxc and say as foliowsz
I. My nemo is Ilkka Nivs. I presently hold the title Director, CDMA2000
Standards for the Standardization 8; Inéustry Relations business unit of Nokia, Inc. in
San Diego, California.
2. I make this declaration in support of Nokis’s Opposition to Defe11dants’
Motion To Dismiss Pursuetztt to Federal Rules of Civil Procedure l2(B){1), l2(B)(6) and
12(I—I)(3). Except as otherwise stated, I have personal knowledge ofthe facts set forth in
this declmntion.
3G Wireless Standards
3. There are two 3G wireless standards that will be used in the United States
after 2005: Wideband Code Division Multipie Access (TWCDMA") and CDMA2000. I

nt-zsztnt at ®ase MGB-cv-00016-JJF Document 17 Filed 04/28/2005-2tsPage122a¤a‘ 4F—3B5
The CDMA2960 Standard `
4. _ CDMA2000 is an outgrowth ofthe C§Z)MAOnc or IS-95 standard.
5. There are three variants of CDMA2000 that may be used in the United
States after 2006: IX, EV—l3O and EV-DV.
6. CDMA2000 1X uses much of the same technology as CDMAOne except
it nansfers information more efficiently. Consequently, CDMA2000 lX can double
voice—eall capacity and transfer data ten times faster than 2G CDMA systems.
7. EV—DO differs from 1X in that EV-DO offers improved data rates of 3.l
Mbps.
S. The iirst two releases of the EVQDO standard, releases 0 and A., are frozen
and complete such that standards compliant commercial products can and are being built
to these releases.
9. El/—DV differs from EV-DO in that it combines data and voice
information onto a single CDMA frequency carrier to more efficiently transfer
information.
10. Tite latest release of the EV-DV standard, release D, is frozen and
complete such that standards compliant commercial products can be built to this release.
ll. CDMA2000 networks have been primarily adopted in Asia, Latin America
and North As of January I, 2005, there were approximately 150 million
CDMA2000 1X subscribers worldwide and approximately 12 million EV-DO subscribers
worldwlcle.
12. To design and build a CDMA2000 compliant product requires
approximately one to two years from when the relevant standard is finalized. Thus, if
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Nokia were to change its handset clesigt and operation, such changes would not likely
appear iu commercial products for at least e year.
13. The next: release of the CDMA2000 NxEV-DC} standard is not expected to
issue until 2006. Accordingly, commercial products complierrt with the next version of
CBMAZOOO NxEV·—DO are not expected to be available until sometime after the cud of
2006.
E declare under penalty ofpetjury under the lews ofthe United States OfAtH1E'·'I’lC&
th:-1tt.l1e foregoing is true and correct.
Executed on this Q S- dey of April, 2005.
U..l'<.I€.A NWA
.. 3 ,

Case 1:05-cv-00016-JJF Document 17 Filed O4/28/2005 Page 4 of 4
I, Jack B. Blumenfeld, hereby certify that on April 28, 2005 I electronically tiled
Declaration of Ilkka Niva in Support of Nokia‘s Opposition to 1nterdigital's Motion to Dismiss
with the Clerk of the Court using CM/ECP, which will send notification of such filing(s) to the
following:
Richard L. Horwitz
Potter Andersoon & Corroon LLP
[email protected]
I also certify that copies were caused to be served on April 28, 2005 upon the
following in the manner indicated:
BY HAND
Richard L. Horwitz
Potter Anderson & Corroon LLP
1313 N. Market Street
Wilmington, DE 19801
BY FEDERAL EXPRESS
D. Dudley Oldham
Fulbright & Jaworski
1301 McKinney
Suite 5100
Houston, TX 77010
fsf Jack B. Blumenfeld g#1014)
Morris, Nichols, Arsht & Tunnell
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899
(302) 658-9200
[email protected]