`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 12-1601-LPS
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`C.A. No. 13-919-LPS
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`)))))))))))
`
`)))))))))
`
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`MOTOROLA MOBILITY LLC F/K/A
`MOTOROLA MOBILITY, INC.,
`
`Defendant.
`
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`DECLARATION OF ROBERT UNIKEL IN SUPPORT OF DEFENDANTS’ BRIEF IN
`OPPOSITION TO ARENDI’S MOTION TO EXCLUDE IN PART THE EXPERT
`REPORTS AND TESTIMONY OF EDWARD FOX
`
`OF COUNSEL:
`
`Robert W. Unikel
`Michelle Marek Figueiredo
`John Cotiguala
`Matt Lind
`PAUL HASTINGS LLP
`71 South Wacker Drive, Suite 4500
`Chicago, IL 60606
`Tel: (312) 449-6000
`
`Robert R. Laurenzi
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Tel: (212) 318-6000
`
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byrne (#4446)
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`sobyrne@potteranderson.com
`
`Attorneys for Defendants Motorola Mobility
`LLC f/k/a Motorola Mobility, Inc. and Google
`Inc.
`
`PUBLIC VERSION
`
`PUBLIC VERSION
`
`
`
`Case 1:13-cv-00919-LPS Document 351 Filed 04/13/21 Page 2 of 4 PageID #: 43465
`
`Ariell Bratton
`PAUL HASTINGS LLP
`4747 Executive Drive, 12th Floor
`San Diego, CA 92121
`Tel: (858) 458-3000
`
`Ginger Anders
`MUNGER, TOLLES & OLSON LLP
`601 Massachusetts Avenue NW, Suite 500E
`Washington, D.C. 20001
`Tel: (202) 220-1100
`
`Dated: April 6, 2021
`7151626
`
`2
`
`Public Version Dated: April 13, 2021
`
`
`
`Case 1:13-cv-00919-LPS Document 351 Filed 04/13/21 Page 3 of 4 PageID #: 43466
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 12-1601-LPS
`
`JURY TRIAL DEMANDED
`
`
`
`C.A. No. 13-919-LPS
`
`JURY TRIAL DEMANDED
`
`
`
`)))))))))))
`
`)))))))))
`
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`MOTOROLA MOBILITY LLC F/K/A
`MOTOROLA MOBILITY, INC.,
`
`Defendant.
`
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`DECLARATION OF ROBERT UNIKEL IN SUPPORT OF DEFENDANTS’ BRIEF IN
`OPPOSITION TO ARENDI’S MOTION TO EXCLUDE IN PART THE EXPERT
`REPORTS AND TESTIMONY OF EDWARD FOX
`
`I, Robert Unikel, declare as follows:
`
`1.
`
`I am an attorney at Paul Hastings LLP, counsel for Google LLC in this matter. I have
`
`personal knowledge of the matters stated in this declaration and would testify truthfully
`
`to them if called upon to do so.
`
`2. Attached as Exhibit 1 is a true and correct copy of the Expert Report of Edward Fox,
`
`Ph.D. On the Invalidity of U.S. Patent No. 7,917,843, dated August 7, 2020.
`
`3. Attached as Exhibit 2 is a true and correct copy of the Expert Report of Dr. Earl
`
`Sacerdoti Regarding Validity of U.S. Patent No. 7,917,843, dated October 20, 2020.
`
`PUBLIC VERSION
`
`PUBLIC VERSION
`
`
`
`Case 1:13-cv-00919-LPS Document 351 Filed 04/13/21 Page 4 of 4 PageID #: 43467
`
`4. Attached as Exhibit 3 is a true and correct copy of the Reply Expert Report of Edward
`
`Fox, Ph.D. On the Invalidity of U.S. Patent No. 7,917,843, dated December 4, 2020.
`
`5. Attached as Exhibit 4 is a true and correct copy of excerpts from the transcript of the
`
`deposition of Dr. Edward Fox, dated January 15, 2021.
`
`6. Attached as Exhibit 5 is a true and correct copy of excerpts from the transcript of the
`
`deposition of Dr. Earl Sacerdoti, dated January 20, 2021.
`
`7. On March 4, 2021, during a meet-and-confer discussion with Arendi’s counsel, Arendi’s
`
`counsel raised, for the first time, Arendi’s view that Dr. Fox’s reports were unreliable and
`
`subject to a legal challenge. Arendi filed its pending Motion to Exclude In Part the Expert
`
`Reports and Testimony of Edward Fox the next day.
`
`8. Attached as Exhibit 6 is a true and correct copy of excerpts of the Opening Expert Report
`
`of Dr. Kevin C. Almeroth on Invalidity of US. Patent Nos., 7,747,730 and 9,663,659, as
`
`filed in Netfuel, Inc. v. Cisco Systems, Inc., No. 5:18-cv-2352-EJD, D.I. 263-2 (N.D. Cal.
`
`Jan. 21, 2020).
`
`9. Attached as Exhibit 7 is a true and correct copies of Accelerated Examination Support
`
`Documents filed by patent applicant Atle Hedloy on July 22, 2010, December 9, 2010,
`
`May 19, 2011, and January 10, 2011.
`
`10. Attached as Exhibit 8 is a true and correct copy excerpts of the Expert Report of Dr.
`
`Trevor Smedley Regarding Infringement of U.S. Patent No. 7,917,843.
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct and that this declaration was executed on April 6, 2021, at Chicago,
`
`Illinois.
`
`_/s/ Robert W. Unikel_________
`Robert W. Unikel
`
`2
`
`
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