Tiedemann Declaration ISO Opposition to 

Motion for Summary Judgment

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ATTORNEYS AT LAW

SAN FRANCISCO

KEKER, VAN NEST & PETERS LLP

Robert A. Van Nest (SBN 84065)

rvannest@keker.com

Eugene M. Paige (SBN 202849)

epaige@keker.com

Justina Sessions (SBN 270914)

jsessions@keker.com

633 Battery Street

San Francisco, CA 94111-1809

Telephone: (415) 391-5400 

Facsimile: (415) 397-7188

CRAVATH, SWAINE & MOORE LLP 

Gary A. Bornstein (pro hac vice) 

gbornstein@cravath.com

Yonatan Even (pro hac vice) yeven@cravath.com 

825 Eighth Avenue 

New York, New York 10019-7475 

Telephone: (212) 474-1000

Facsimile: (212) 474-3700

Attorneys for Defendant 

QUALCOMM INCORPORATED

MORGAN, LEWIS & BOCKIUS LLP

Richard S. Taffet (pro hac vice)

richard.taffet@morganlewis.com

101 Park Avenue

New York, NY 10178-0060

Telephone: (212) 309-6000

Facsimile: (212) 309-6001

MORGAN, LEWIS & BOCKIUS LLP

Willard K. Tom (pro hac vice)

willard.tom@morganlewis.com

1111 Pennsylvania Avenue NW

Washington, DC 20004-2541

Telephone: (202) 739-3000

Facsimile: (202) 739-3001

MORGAN, LEWIS & BOCKIUS LLP

Geoffrey T. Holtz (SBN 191370)

gholtz@morganlewis.com

One Market, Spear Street Tower

San Francisco, CA 94105-1596

Telephone: (415) 442-1000

Facsimile: (415) 442-1001 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

vs.

QUALCOMM INCORPORATED, a Delaware 

corporation,

Defendant. 

Case No. 5:17-cv-00220-LHK-NMC 

DECLARATION OF DR. EDWARD G. 

TIEDEMANN, JR. IN SUPPORT OF 

DEFENDANT QUALCOMM 

INCORPORATED’S OPPOSITION TO 

MOTION FOR PARTIAL SUMMARY 

JUDGMENT ON QUALCOMM’S 

STANDARD ESSENTIAL PATENT 

LICENSING COMMITMENTS

Date: October 18, 2018

Time: 1:30 p.m.

Dept.: Courtroom 8, 4th Floor

Judge: Hon. Lucy H. Koh

Trial Date: January 4, 2019

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DECLARATION OF DR. EDWARD G. TIEDEMANN, JR.

I, Dr. Edward G. Tiedemann, Jr., hereby declare as follows:

1. I am currently a Senior Vice President of Engineering of Qualcomm Technologies, 

Inc. I have been employed by Qualcomm since 1988.

2. I submit this declaration in support of Qualcomm’s Opposition to Motion for Partial 

Summary Judgment on Qualcomm’s Standard Essential Patent Licensing Commitments.

3. I received a Doctorate from the Massachusetts Institute of Technology in Electrical 

Engineering and Computer Science in 1986, a Master’s degree from Purdue University in Electrical 

Engineering in 1977, and a Bachelor of Science degree from Virginia Polytechnic Institute and 

State University (“Virginia Tech”) in Electrical Engineering in 1975. 

4. I have led Qualcomm’s worldwide standardization and industry organization 

activities since approximately 1991. 

5. I have been involved with the Telecommunications Industry Association (“TIA”) 

since early 1992. I was heavily involved in the design, development, and standardization of the 

TIA/EIA/IS-95 CDMA system, also called cdmaOne. I also led Qualcomm’s, and much of the 

industry’s, efforts in the design and development of the third-generation cdma2000 standards 1x, 

published by TIA as TIA/EIA/IS-2000. I was also involved in 1xEV-DO, published by TIA as 

TIA/EIA/IS-856, through my roles in the 3rd Generation Partnership Project (“3GPP”). 

Additionally, I led the offline industry group on Machine to Machine (“M2M”) convergence, which 

resulted in oneM2M, the global standards initiative for Machine to Machine Communications and 

the Internet of Things. I serve on the Board of Directors of the Open Mobile Alliance and the Open 

Connectivity Foundation. 

6. Over the years, I have chaired multiple groups involved in the standardization of 

CDMA. Beginning in 1992, I chaired TR45.5.3.1, which was responsible for the physical layer of 

CDMA. TR45.5.3.1 developed the physical layer for the TIA/EIA/IS-95, TIA/EIA/IS-95-A, and 

TIA/EIA-95-B, and TIA/EIA/IS-2000 standards. When the 3rd Generation Partnership Project 2 

(“3GPP2”) was founded in 1999, I began chairing Working Group 3 of the Technical Specification 

Group for the air interface, TSG-C, which had responsibility for the physical layer covering both 

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TIA/EIA/IS-2000 and TIA/EIA/IS-856. In December 2009, I began chairing 3GPP2 TSG-C, which 

had responsibility for all aspects of the CDMA air interface. When TSG-A and TSG-C merged at 

the beginning of 2013, I began chairing 3GPP2 TSG-AC: Access Network & Air Interfaces. 

7. In 2008, I received the 3G-CDMA Industry Achievement Award for Industry 

Leadership from the CDMA Development Group (CDG) for my “long-running contribution to 

CDMA development and standardization.” See CDG Press Releases, “2008 3G CDMA Industry 

Achievement Awards Presented by the CDG in San Diego,” CDMA Development Group (Nov. 20, 

2008), available at http://www.cdg.org/news/press/2008/Nov20_08.asp (last accessed September 

17, 2018). In 2009, I received the Global IT Innovator and Leadership Award from Yonsei 

University in Korea. In addition, I have received the 2010 Virginia Tech College of Engineering 

Distinguished Alumni Service Award, and in 2014 became a member of the Virginia Tech 

Academy of Engineering Excellence. I have received both the Purdue University College of 

Engineering Distinguished Engineering Alumnus and the Purdue University Outstanding Electrical 

and Computer Engineer Awards. I served as general chair of the IEEE Globecom 2015 Conference, 

one of the IEEE Communications Society’s two flagship conferences.

I. Summary

8. I understand that the FTC argues that modem chips practice the 

Telecommunications Industry Association (TIA) standards for the CDMA family of wireless 

standards, including cdmaOne, cdma2000 1x, and 1xEV-DO. As a technical matter, this is 

incorrect because a modem chip cannot practice these standards.

9. The TIA published the original cdmaOne standard as IS-95, and additional versions 

as IS-95-A and IS-95-B. The first version of the cdma2000 standard was published in August 1999 

by the TIA in the United States in six parts under the titles TIA/EIA/IS-2000.1 through TIA/EIA/IS2000.6. 3GPP2 then took over the further development and maintenance of the CDMA family of 

standards, so that all documents were first developed as 3GPP2 specifications and then published 

as standards. For example, the “A” version, TIA/EIA/IS-2000-A, was first published by 3GPP2 

and then transposed into a TIA standard in 2000. 3GPP2 also developed 1x- EV-DO, which was 

published by TIA as the TIA/EIA/IS-856 standard. With a few minor exceptions, all specifications 

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developed by 3GPP2 have been published by TIA as standards. I collectively refer to the 

documents produced by TIA and 3GPP2 as the CDMA Cellular Standards.

10. 3GPP2 is a collaboration of Standard Development Organizations (“SDOs”), called 

Organizational Partners, to bring high-quality mobile telecommunications to a worldwide mass 

market by achieving the goals of increasing the speed and ease of wireless communications. Five 

SDOs comprise the Organizational Partners of 3GPP2: ARIB – Association of Radio Industries 

and Businesses (Japan), CCSA – China Communications Standards Association (China), TIA –

Telecommunications Industry Association (North America), TTA – Telecommunications 

Technology Association (Korea), and TTC – Telecommunications Technology Committee 

(Japan).

11. During most of the 2000s, 3GPP2 had four Technical Specification Groups 

(“TSGs”) comprised of representatives from 3GPP2’s individual member companies: TSG-A 

(Access Network), TSG-C (Air Interfaces), TSG-S (Systems Aspects), and TSG-X (Core 

Network). At the beginning of 2013, these four TSGs merged to form two TSGs: TSG-AC (Access 

Network & Air Interfaces) and TSG-SX (System Aspects & Core Network). Through the work of 

the TSGs, 3GPP2 produces technical specifications. Each of the Organizational Partners then 

transpose the 3GPP2 technical specifications into “standards.”

12. When adopting or transposing 3GPP2 specifications within their regions, the 

Organizational Partner SDOs do not change any of the substantive text of the 3GPP2 specification. 

Any modifications are made only to conform to specific local requirements. For this reason, I refer 

to the CDMA Cellular Standards and documents in this declaration as adopted by TIA.

13. CDMA Cellular Standards have no notion of modem chips, and a modem chip does 

not practice a CDMA Cellular Standard. In my years of participation in 3GPP2 and TIA activities 

and supervising others participating in those activities, I have not been aware of any 3GPP2 project 

proposals, Work Items, Technical Reports, or Technical Specifications for modem chips. 

14. Instead, the CDMA Cellular Standards and the development efforts underlying these 

standards address performance, interoperability, and communication protocols between the entities 

that make-up the cellular system: an end-user device (called a “mobile station”); an access network

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consisting of a base station and several other elements that facilitate communications with the 

mobile station; and a core network that maintains subscription information and manages 

authorization and authentication of the mobile station, and transfers information sent/received by 

the base station to a wired network, or—for communications to another mobile station—to the 

access network servicing that mobile station. 

15. CDMA Cellular Standards do not define how a mobile station is constructed, nor do 

they even define the components of a mobile station. Instead, these standards provide mobile 

station manufacturers broad discretion regarding how to construct a mobile station. For example, 

TIA/EIA/IS-2000—the cdma2000 cellular communication standard for 3G that was produced in 

3GPP2 and published as a standard by TIA in August 1999—defines and provides solutions to 

technical problems at the level of the mobile station and base station.

16. More specifically, a modem chip does not practice CDMA Cellular Standards for at 

least the following reasons, each explained in further detail below, with reference to CDMA 

Cellular Standards: 

a. First, the express purpose of the CDMA Cellular Standards is to define the 

technical requirements for mobile stations. For example, 

Telecommunications Industry Association, “Introduction to cdma2000 

Spread Spectrum Systems” TIA/EIA/IS-2000.1-C, at 1-1 (May 2002)

(Exhibit 1) provides:

See also Telecommunications Industry Association, “Mobile Station-Base 

Station Compatibility Standard for Dual-Mode Wideband Spread Spectrum 

Cellular System,” TIA/EIA/IS-95-A, Preface, at i (May 1995) (Exhibit 2) 

(“These technical requirements form a compatibility standard for cellular 

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mobile telecommunications systems. They ensure that a mobile station can 

obtain service in any cellular system manufactured according to this 

standard. These requirements do not address the quality or reliability of that 

service, nor do they cover equipment performance or measurement 

procedures.”).

b. Second, CDMA Cellular Standards define interfaces among, and the 

operation of, the major subsystems of the cellularsystem/network. The basic 

subdivision is between mobile stations (also called “Access Terminals,” or 

“ATs”) and infrastructure equipment, as exemplified in Figure 1.3-1 (below) 

of Telecommunications Industry Association, “cdma2000 High Rate Packet 

Data Air Interface Specification,” TIA-856-B-2[E], at 1-2 (July 2012) 

(Exhibit 3) (also known as “cdma2000 1xEV-DO Revision B”). “Mobile 

station” refers to a complete device such as a cellular handset, smartphone, 

tablet, or other end-user device. I use the term “Infrastructure Equipment” 

to refer to the network equipment such as base stations and the mobile 

switching centers (similar splits between functional elements in a cellular 

system showing a focus on mobile stations are discussed in greater detail 

below for other CDMA Cellular Standards, including TIA/EIA/IS-95-A and 

TIA/EIA/IS-2000). 

c. Third, the mobile station is the functional element used in CDMA standards 

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descriptions. Beyond defining the mobile station as including a SIM card or 

Terminal Equipment, the mobile station is not further partitioned. That is, if 

the CDMA Cellular Standards intended to further parse the mobile station 

and specify the inclusion or operation of a particular component like a 

modem chip, they knew how to but did not do so. 

d. Fourth, CDMA Cellular Standards are voluminous. In the parlance of 

CDMA Cellular Standards, a technical description in a specification is 

mandatory if it uses the word “shall.” The CDMA Cellular Standards 

include thousands of instances stating that the “mobile station shall” meet 

some particular performance or communication requirement. These same 

standards do not, however, discuss—let alone provide—that a “modem 

chip” (or some equivalent term) meet any particular performance or 

communication requirement. This is consistent with the fact that the CDMA 

Cellular Standards define the requirements of a fully network operational 

device like a mobile station instead of its components. 

e. Fifth, CDMA Cellular Standards define and provide for testing to determine 

conformance of devices with the standards’ requirements. These testing 

specifications are at the mobile station level, defining how an entire, discrete 

mobile station must communicate with and operate in the network. The 

testing specifications are about conformance and performance testing of the 

mobile station. They do not call for—let alone provide descriptive 

procedures for—testing of modem chips.

II. 3GPP2 Structural Elements and Requirements

17. The CDMA Cellular Standards cannot be practiced by a modem chip by itself. The 

CDMA Cellular Standards do not specify the design or implementation of 

components in modem chips. In fact, the standards do not address modem chips at 

all. The CDMA Cellular Standards neither use the terms “chipset,” “baseband 

processor,” or “modem chip,” nor do they define any such terms. Rather, the CDMA 

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Cellular Standards refer to a “mobile station,” defined as “a station that 

communicates with the base station.” See, e.g., Telecommunications Industry 

Association, “Physical Layer Standard for cdma2000 Spread Spectrum Systems,” 

TIA-2000.2-F-1[E], at 1-9 (July 2014) (Exhibit 4). 

18. The CDMA Cellular Standards do not describe how a compliant mobile station is to 

be constructed. Any design of the physical hardware of the mobile station is acceptable, provided 

that the end product adheres to the communications protocols and constraints of the standards. This 

is set forth in the stated purpose of the CDMA Cellular Standards: 

The technical requirements contained in cdma2000 form a 

compatibility standard for CDMA systems. They ensure that a 

mobile station can obtain service in a system manufactured in 

accordance with the cdma2000 standards. The requirements do not 

address the quality or reliability of that service, nor do they cover 

equipment performance or measurement procedures. 

Compatibility, as used in connection with cdma2000, is understood 

to mean: any cdma2000 mobile station is able to place and receive 

calls in cdma2000 or IS-95 systems.

TIA/EIA/IS-2000.1-C (Exhibit 1) at 1-1; see also TIA/EIA/IS-95-A (Exhibit 2), Preface, at i; and

TIA-856-B-2[E] (Exhibit 3) at 1-2. Mobile station manufacturers specifically did not want to 

discuss any partitioning of the mobile station during standards meetings as they did not want the 

CDMA Cellular Standards to put any constraints on their implementations. Thus, the standards are 

what are required for interoperability between the entire mobile station and the base station, and to 

have acceptable performance of the entire mobile station.

19. That a mobile station would require more than a bare modem chip to practice the 

CDMA Cellular Standards is illustrated by the following excerpts from the standards.

20. TIA/EIA/IS-95-A (Exhibit 2), titled “Mobile Station-Base Station Compatibility 

Standard for Dual-Mode Wideband Spread Spectrum Cellular System,” defines cellular 

connectivity between mobile stations and base stations. By its express terms, the standard defines 

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mobile station requirements. For example, IS-95-A, Section 6 defines the “Requirements for 

Mobile Station CDMA Operation,” and “describes the requirements for CDMA-analog dual-mode 

mobile stations operating in the CDMA mode. A mobile station complying with these requirements 

will be able to operate with CDMA base stations complying with this document.” Id. at ii.

21. TIA/EIA/IS-2000-F (Exhibit 4), titled “Physical Layer Standard for cdma2000 

Spread Spectrum Systems,” defines cellular connectivity between mobile stations and base stations. 

See TIA-2000.2-F-1[E] (Exhibit 4). For example, IS-2000.2-F-1[E] contains two primary sections: 

(a) “Requirements for Mobile Station CDMA Operation,” and (b) “Requirements for Base Station 

CDMA Operation.” The standard refers to the mobile station in the first section as follows: “This 

section describes the physical layer requirements for mobile stations operating in the CDMA 

mode.” See id. at xliii. This specification defines how a complete, discrete end-user device 

communicates with a base station. For example, IS-2000.2-F-1[E] contains 344 “mobile station 

shall” requirements, and never mentions a modem chip or otherwise defines the architecture or 

subcomponents of a mobile station.

22. TIA-856 (Exhibit 3), titled “cdma2000 High Rate Packet Data Air Interface 

Specification,” is part of the EV-DO family of cdma2000 standards, and explains in the introduction 

that the EV-DO standards define protocols for access to the network, rather than defining the 

implementation of mobile stations or sub-components, such as modem chips. In this section, the 

mobile stations are referred to as “Access Terminals:”

These requirements ensure that a compliant access terminal can 

obtain service through any access network conforming to this 

standard. These requirements do not address the quality or 

reliability of that service, nor do they cover equipment performance 

or measurement procedures. . . . Compatibility, as used in 

connection with this standard, is understood to mean: Any access 

terminal can obtain service through any access network conforming 

to this standard. Conversely, all access networks conforming to this 

standard can service access terminals.

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TIA-856-B-2[E] (Exhibit 3) at 1-1. 

23. This specification goes on to illustrate the “Architecture Reference Model” that 

defines the system layout, where the Access Terminal is the basic building block for defining 

functionality in the EV-DO family of standards:

Id. at 1-2.

24. TIA-856 (Exhibit 3) defines the “Access Terminal (AT)” as:

A device providing data connectivity to a user. An access terminal 

may be connected to a computing device such as a laptop personal 

computer or it may be a self-contained data device such as a personal 

digital assistant. An access terminal is equivalent to a mobile station 

in [TIA/EIA/IS-2000-2-A, Physical Layer Standard for cdma2000 

Spread Spectrum Systems].

Id. at 1-12. There is no further partition of the Access Terminal into components such as a modem 

chip.

25. TIA/EIA-637-B (Exhibit 5), titled “Short Message Services for Wideband Spread 

Spectrum Systems,” defines cellular protocols for transmitting and receiving SMS messages (i.e., 

what are known colloquially as text messages). See Telecommunications Industry Association, 

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“Short Message Services for Wideband Spread Spectrum Systems,” TIA/EIA-637-B (January 

2002) (Exhibit 5). The standard begins:

Id. at 1-1.

26. At the original writing of this text, in the early 1990s, it was envisioned that the 

communication was between the mobile station and some user device in the network for entering 

and receiving text messages. Today, most of us think of text messages as going between mobile 

stations, though they go through the SMS message center (MC) to reach the receiving mobile 

station.

27. As with the other standards in the CDMA Cellular Standards family, the 

TIA/EIA-637-B definitions are centered on the mobile station, with references to the UIM (i.e., the 

SIM card). The standard makes no reference to any other sub-part of the mobile station, such as a 

modem chip. By contrast, the specification recites that the “mobile station shall...” perform various 

functions 31 times.

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Id. at 1-7.

28. TIA-683-E (Exhibit 6), titled “Over-the-Air Service Provisioning of Mobile Stations 

in Spread Spectrum Systems,” enables remotely updating mobile station software or settings. See 

Telecommunications Industry Association, “Over-the-Air Service Provisioning of Mobile Stations 

in Spread Spectrum Systems,” TIA-683-E-1[E] (May 2012) (Exhibit 6). The standard makes no 

reference to any other sub-part of the mobile station, such as a modem chip. By contrast, the 

specification recites that the “mobile station shall...” perform various functions 1,162 times. For 

example, Section 2.2.3, titled “Mobile Station Procedures,” defines messaging requirements in 

terms of the mobile station, as shown below:

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Id. at 2-18.

29. TIA/EIA/IS-707-A (Exhibit 7), titled “Data Service Options for Wideband Spread 

Spectrum Systems,” introduces the network model in TIA/EIA/IS-707-A.1 that defines the primary 

components of the CDMA system described in the IS-707 standards: 

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Telecommunications Industry Association, “Data Service Options for Wideband Spread 

Spectrum Systems,” TIA/EIA/IS-707-A.1 at 2-1 (April 1999) (Exhibit 7). The standard also 

states that:

Id. at 1-3.

30. Although the mobile station (“MS”) is illustrated as containing MT0 and MT2, this 

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is not intended to convey that the mobile station comprises two separate devices. Rather, a MT0 is 

a device such as a handset which has a keyboard and display. In the parlance of the standard, a 

MT2 is a mobile communications device which has an interface (Rm) to an external keyboard and 

display. The Rm interface is described in TIA/EIA/IS-707-A.3 as EIA/TIA-232-E, perhaps better 

known as RS-232, and using the standard AT command set. 

31. TIA/EIA/IS-707-A.1 (Exhibit 7) also provides a written description of each network 

element:

Id. at 2-1 and 2-2.

32. Notably, the standard provides that the “only network entity that is by definition a 

physical device is the MS. Each of the others may be a physical device, it may form part of a 

physical device, or it may be distributed over a number of physical devices.” Id. at 2-1. That is, 

the standard points to a mobile station as the physical device in the network, showing how CDMA 

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Cellular Standards are built around end-users’ physical mobile stations. Nowhere in 

TIA/EIA/IS 707 does the standard mention a chip. During standards development, there was no 

effort to further partition the end-user’s mobile station. Indeed, equipment manufacturers were 

resistant to further partitioning, as they wanted to maintain their own design flexibility. 

33. TIA/EIA-41-D (Exhibit 8), titled “Cellular Radiotelecommunications Intersystem 

Operations,” also consistently defines the mobile station as the fundamental network element for 

defining standardized functionality for the end-user. See Telecommunications Industry 

Association, “Cellular Radiotelecommunications Intersystem Operations,” TIA/EIA-41-D 

(December 1997) (Exhibit 8). For example, Chapter 5 defines the Network Reference Model, tying 

all system network nodes to the mobile station being serviced:

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Id. at 1-24. 

34. Accordingly, the call flow diagrams of TIA/EIA-41-D (Exhibit 8) define 

information flows in relation to the mobile station being serviced by these various network nodes, 

as shown below in Figure 7. The standard contains no concept of communications to any 

subcomponent within the mobile station, but rather designs communications to and from the mobile 

station.

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Id. at 3-17.

III. 3GPP2 Mobile Station Performance and Conformance Testing

35. CDMA Cellular Standards include performance and conformance testing standards 

for mobile stations which are used to verify that mobile stations comply with the standard and 

perform adequately for smooth interoperation in cellular systems. This is testing interoperation 

with base stations and operating in a manner that does not materially impact the operation and 

performance of the network. The performance testing standards are at the device level (e.g., the 

entire handset), and specify a minimum level of performance, and provide test configurations and 

procedures to verify the performance. TIA-98-H-1[E] (Exhibit 9), titled “Recommended Minimum 

Performance Standards for cdma2000 Spread Spectrum Mobile Stations” is the latest version of the 

mobile station performance standards for IS-95 and cdma2000 1x. See Telecommunications 

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Industry Association, “Recommended Minimum Performance Standards for cdma2000 Spread 

Spectrum Mobile Stations,” TIA-98-H-1[E] (April 2014) (Exhibit 9). TIA-866-D-1[E] (Exhibit 

10) is the latest version of the access terminal performance standard corresponding to TIA-856. 

See Telecommunications Industry Association, “Recommended Minimum Performance Standards 

for cdma2000 High Rate Packet Data Access Terminal,” TIA-866-D-1[E] (April 2014) (Exhibit 

10). Similarly, the conformance testing standards are also at a device level and verify that an 

individual mobile station properly implements the various protocols for communication with a base 

station. Id. TIA-1035-B (Exhibit 11), titled “Signaling Conformance Test Specification for 

cdma2000 Spread Spectrum Systems” is the latest version of the mobile station conformance 

standards for IS-95 and cdma2000 1x. See Telecommunications Industry Association, “Signaling 

Conformance Test Specification for cdma2000 Spread Spectrum Systems,” TIA-1035-B 

(August 2014) (Exhibit 11). TIA-919-B (Exhibit 12), titled “Signaling Conformance Specification 

for High Rate Packet Data Air Interface” is the latest version of the access terminal conformance 

standard corresponding to TIA-856. See Telecommunications Industry Association, “Signaling 

Conformance Specification for High Rate Packet Data Air Interface,” TIA/EIA-919-B (September 

2011) (Exhibit 12). There are additional standards which test other aspects of the CDMA Cellular 

Standards such as SMS, position location, and data services.

36. The performance and conformance testing specifications form the basis for the 

formal CCF (CDMA Certification Forum) certification program, now part of the GCF (Global 

Certification Forum).

37. None of the performance and conformance standards-based procedures deal with 

modem chips, and there are no 3GPP2 specifications for conformance testing requirements of 

modem chips. During the development of the CDMA standards, mobile station vendors were very 

opposed to having any special interfaces in the mobile station for testing. As a result, no interfaces 

beyond that to a UIM and to a TE, which were previously mentioned, were ever defined. A standard 

for loopback, TIA-126-E (Exhibit 13), titled “Loopback Service Options (LSO) for cdma2000 

Spread Spectrum Systems” was developed to facilitate such testing. See Telecommunications 

Industry Association, “Loopback Service Options (LSO) for cdma2000 Spread Spectrum 

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Systems,” TIA-126-E (December 2011) (Exhibit 13). 

38. For completeness, I note that the CDMA Cellular Standards do recognize that the 

antenna may be a separable element of the mobile station. Nevertheless, the performance 

requirements include the antenna, such as parameters from transmit power given in terms of ERP 

(Effective Radiated Power) or EIRP (Effective Isotropic Radiated Power)—which is as if the 

antenna is present. The “separable antenna” allows direct input of RF signals into the mobile station 

(MS) and measurement of the transmitter using a test base station—rather than having to do the 

testing in an anechoic chamber or in the field. 

39. The goal of performance testing is to ensure a minimum level of system 

performance. Performance testing is specified in terms of mobile station performance as a whole, 

as opposed to the performance of its components. 

40. Most of 3GPP2’s detailed performance and conformance testing specifications were 

developed by Working Group 4 of TSG-C. None of these conformance tests are specific to a 

modem chip; instead, the tests focus on complete mobile stations or for the case of a specialized 

aspect such as position location, the specific mobile station functionality related to position 

location. Figure 6.12.1-1 illustrates the testing setup for GPS-based position location testing from 

TIA-916-A, titled “Recommended Minimum Performance Standard for Mobile Stations with 

Position Service,” where a GPS simulator has been added to send GPS satellite navigation signals 

as well as the infrastructure PDE (Postion Determining Element) simulator, which calculate the 

mobile station location. See Telecommunications Industry Association, “Recommended Minimum 

Performance Standard for Mobile Stations with Position Service,” TIA-916-A (February 2012) 

(Exhibit 14). Again, all testing is relative to the mobile station.

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Id. at 6-21.

41. The Test Specification for cdma2000, TIA-1035-B (Exhibit 11), titled “3GPP2 

Signaling Conformance Test Specification for cdma2000 Spread Spectrum Systems,” makes no 

reference to a modem chip. TIA-1035-B (Exhibit 11). Instead, it refers to a complete cellular 

handset: “‘mobile station’ refers to a subscriber terminal, handset, PDA, wireless local loop unit, 

or any other CDMA subscriber terminal that communicates with the base station at the air 

interface.” TIA-1035-B at xv. The Test Specification for cdma2000 describes the testing objective 

as follows: “The objective of these tests is to demonstrate mobile station or base station compliance 

to over-the-air messaging and protocol requirements in the cdma2000 family of standards indicated 

in the Traceability sections of each test case.” Id. Examples of compliance tests that a modem 

chip, by itself, could not practice include the following:

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a. “Power on the mobile station” and “Verify that the mobile station does not 

indicate CDMA service is available.” Id. ¶ 1.2.1.4. 

b. “Make a mobile station-originated Call, and verify that the mobile station 

uses the access parameters specified in Table 1.3.1.2.4-2.” Id. ¶ 1.3.1.2.4. 

c. “Verify that the mobile station indicates called party busy, e.g. the mobile 

station plays the busy tone in the earpiece.” Id. ¶ 2.3.1.4. 

42. Annex A of TIA-1035-B (Exhibit 11) shows test configurations for the mobile 

station, all of which show a complete mobile station, without any splitting of the mobile station 

into components.

43. TIA-98-H-1[E] (Exhibit 9), titled “Recommended Minimum Performance 

Standards for cdma2000 Spread Spectrum Mobile Stations” also illustrates that TIA-standards 

compliance is determined in relation to the complete device. For example, the functional block 

diagrams for test set-up are configured to simulate and measure compliance between a base station 

and a “Mobile Station Under Test,” as shown below in Figure 6.5.1-1. 

Id. at 6-19.

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44. TIA-820-D-2[E] (Exhibit 15), titled “Removable User Identity Module for Spread 

Spectrum Systems,” defines functionality for the SIM card within a mobile station. See 

Telecommunications Industry Association, “Removable User Identity Module for Spread Spectrum 

Systems,” TIA-820-D-2[E] (January 2014) (Exhibit 15). This specification illustrates that the TIA 

standards are capable of partitioning a mobile station when desired; however, the complete mobile 

station remains the primary functional end-user element defined by the TIA cellular standards. 

While this figure differentiates the UIM from the Mobile Equipment (“ME”) within the MS, the 

nomenclature merely differentiates the UIM from everything else in the MS (collectively referred 

to as the ME). There is no such partitioning for modem chips within mobile stations.

Id. at 4-4.

45. The exhibits I have cited and enclosed with this declaration are true and correct 

copies of the TIA standards discussed herein. The 3GPP2 versions of these documents are also 

available for download from the respective 3GPP2 webpages.

46. Thus, for at least the reasons identified in Paragraph 16 above and as detailed in the 

examples from the CDMA Cellular Standards in subsequent paragraphs, it is incorrect to state that 

the 3GPP2 or TIA cellular communication standards are practiced by a modem chip. The 3GPP2

and TIA standards define the mobile station and its interconnectivity with the cellular network, and 

do not define features or functionalities on further subdivisions of the mobile station, such as 

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