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Case 1:13-cv-00919-LPS Document 362 Filed 04/15/21 Page 1 of 6 PageID #: 45564
`
`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’
`OPPOSITION TO ARENDI’S MOTION FOR PARTIAL SUMMARY JUDGMENT
`
`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 362 Filed 04/15/21 Page 2 of 6 PageID #: 45565
`
`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 8, 2021
`7158475
`
`Public Version Dated: April 15, 2021
`
`

`

`Case 1:13-cv-00919-LPS Document 362 Filed 04/15/21 Page 3 of 6 PageID #: 45566
`
`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’
`OPPOSITION TO ARENDI’S MOTION FOR PARTIAL SUMMARY JUDGMENT
`
`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 Petition for IPR of the ’843 patent,
`
`dated December 2, 2013.
`
`3. Attached as Exhibit 2 is a true and correct copy of Defendants’ Joint Invalidity
`
`Contentions, dated January 17, 2014.
`
`4. Attached as Exhibit 3 is a true and correct copy of the PTAB Decision instituting IPR of
`
`the ’843 patent, dated June 11, 2014.
`
`PUBLIC VERSION
`
`PUBLIC VERSION
`
`

`

`Case 1:13-cv-00919-LPS Document 362 Filed 04/15/21 Page 4 of 6 PageID #: 45567
`
`5. Attached as Exhibit 4 is a true and correct copy of Defendants’ Joint Amended Invalidity
`
`Contentions, dated March 27, 2019.
`
`6. Attached as Exhibit 5 is a true and correct copy of an email from John Lahad to Counsel
`
`for Defendants, dated April 29, 2019.
`
`7. Attached as Exhibit 6 is a true and correct copy of an email from John Lahad to counsel
`
`for Defendants, dated May 29, 2019.
`
`8. Attached as Exhibit 7 is a true and correct copy of an email from Robert Unikel to John
`
`Lahad and Arendi’s counsel, dated June 7, 2019.
`
`9.
`
`I subsequently discussed the issue of IPR estoppel with Arendi’s counsel by phone in
`
`June 2019. During this discussion, I confirmed that Defendants were relying on the prior
`
`art systems asserted in their invalidity contentions.
`
`10. Following our last discussion about IPR estoppel in June 2019, Arendi and its counsel did
`
`not further pursue the IPR estoppel issue for any of Defendants’ asserted prior art, did not
`
`move to strike any portion of Defendants’ invalidity contentions, did not raise IPR
`
`estoppel during fact discovery, did not object to Dr. Edward Fox’s invalidity reports on
`
`grounds of IPR estoppel or question him on the topic at deposition, and did not otherwise
`
`mention IPR estoppel until Arendi filed its pending motion for partial summary judgment
`
`on March 5, 2021. Arendi’s validity expert, Dr. Earl Sacerdoti, also did not mention IPR
`
`estoppel in his rebuttal report on patent validity.
`
`11. Defendants and Dr. Fox prepared their discovery and expert reports based on Arendi’s
`
`failure to raise or pursue IPR estoppel after June 2019, under the belief that Arendi had
`
`dropped the issue.
`
`2
`
`

`

`Case 1:13-cv-00919-LPS Document 362 Filed 04/15/21 Page 5 of 6 PageID #: 45568
`
`12. During discovery, Defendants served subpoenas on the Georgia Institute of Technology
`
`and Anind Dey to obtain operational versions or samples of the CyberDesk System
`
`asserted as prior art by Defendants. However, no working version of CyberDesk could be
`
`found.
`
`13. Attached as Exhibit 8 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.
`
`14. Attached as Exhibit 9 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.
`
`15. Attached as Exhibit 10 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.
`
`16. Attached as Exhibit 11 is a true and correct copy of excerpts from the transcript of the
`
`January 15, 2021 deposition of Dr. Edward Fox.
`
`17. Attached as Exhibit 12 is a true and correct copy of Arendi’s Responses and Objections
`
`to Defendants’ First Set of Common Requests for Admission to Arendi S.A.R.L., dated
`
`November 5, 2019
`
`18. Attached as Exhibit 13 is a true and correct copy of Google LLC’s and Motorola
`
`Mobility LLC’s Subpoenas to Apple, Inc. and attached Exhibit A, dated August 27, 2019.
`
`19. Attached as Exhibit 14 is a true and correct copy of Third Party Apple, Inc.’s Responses
`
`and Objections to Google LLC’s and Motorola LLC’s Subpoenas, dated September 16,
`
`2019.
`
`20. Attached as Exhibit 15 is a true and correct copy of Google LLC’s Second Amended
`
`Initial Disclosures Pursuant to Fed. R. Civ. P. 26(A)(1), dated October 28, 2019.
`
`21. Attached as Exhibit 16 is a true and correct copy of Motorola Mobility LLC’s Second
`
`3
`
`

`

`Case 1:13-cv-00919-LPS Document 362 Filed 04/15/21 Page 6 of 6 PageID #: 45569
`
`Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26(A)(1), dated October 28,
`
`2019.
`
`22. Attached as Exhibit 17 is a true and correct copy of an email from Robert Unikel to John
`
`Lahad and Counsel re Draft Claim Construction Chart and Status Report, dated May 29,
`
`2019.
`
`23. Attached as Exhibit 18 is a true and correct copy of excerpts from the November 12,
`
`2019 deposition of Anind Dey.
`
`24. Attached as Exhibit 19 is a true and correct copy of
`
`
`
`25. Attached as Exhibit 20 is a true and correct copy of
`
`
`
`
`
`
`
`26. Attached as Exhibit 21 is a true and correct copy of “Future Computing Environments,
`
`CyberDesk, Version 2.0,” produced as FOX_0006572-75.
`
`27. Attached as Exhibit 22 is a true and correct copy of “CyberDesk: A Framework for
`
`Providing Self-Integrating Ubiquitous Software Services,” produced as ARENDI-
`
`DEFS00021071-77.
`
`28. Attached as Exhibit 23 is a true and correct copy of “Collaborative, Programmable
`
`Intelligent Agents” by Bonnie A. Nardi, James R. Miller, and David J. Wright, produced
`
`as ARENDI-DEFS00003329-37.
`
`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 8, 2021, at Chicago, Illinois.
`
`/s/ Robert W. Unikel
`Robert W. Unikel
`
`4
`
`

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