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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
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`IN RE NEO WIRELESS, LLC
`PATENT LITIGATION
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`2:22-MD-03034-TGB
`Hon. Terrence G. Berg
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`DECLARATION OF JOSEPH A. HERRIGES
`IN SUPPORT OF DEFENDANTS’ RESPONSIVE CLAIM
`CONSTRUCTION BRIEF
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`Case 2:22-md-03034-TGB ECF No. 131-1, PageID.9142 Filed 03/16/23 Page 2 of 6
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`I, Joseph A. Herriges, declare as follows:
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`1.
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`2.
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`I am a principal at the law firm of Fish & Richardson P.C.
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`I am counsel for Defendants General Motors Company and General
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`Motors LLC in this action. I am a member of the Bar of the State of Minnesota and
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`have been admitted in this Court in this case. I have personal knowledge of the
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`matters stated in this declaration and would testify truthfully to them if called upon
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`to do so.
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`3.
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`I submit this declaration in support of Defendants’ Responsive Claim
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`Construction Brief.
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`4.
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`Attached hereto as Exhibit 1 is a true and correct copy of the declaration
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`of Dr. Robert Akl in support of Defendants’ Responsive Claim Construction Brief.
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`5.
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`Attached hereto as Exhibit 2 is a true and correct copy of relevant
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`excerpts from the prosecution history of U.S. Patent Application No. 16/544,201.
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`6.
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`Attached hereto as Exhibit 3 is a true and correct copy of relevant
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`excerpts from the prosecution history of U.S. Patent Application No. 13/246,677.
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`7.
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`Attached hereto as Exhibit 4 is a true and correct copy of Neo Wireless,
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`LLC, v. Dell Technologies Inc. and Dell Inc., Case No. 6:21-cv-024 (W.D. Tex.),
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`D.I. 44-5, Declaration of James Proctor in Support of Defendants’ Opening Claim
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`Construction Brief, dated October 28, 2021.
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`8.
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`Attached hereto as Exhibit 5 is a true and correct copy of Neo Wireless,
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`2:22-MD-03034-TGB
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`1
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`DECLARATION OF JOSEPH A. HERRIGES
`IN SUPPORT OF DEFENDANTS’
`RESPONSIVE CLAIM CONSTRUCTION BRIEF
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`Case 2:22-md-03034-TGB ECF No. 131-1, PageID.9143 Filed 03/16/23 Page 3 of 6
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`LLC, v. Dell Technologies Inc. and Dell Inc., Case No. 6:21-cv-024 (W.D. Tex.),
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`D.I. 48-1, Supplemental Declaration of James Proctor in Support of Defendants’
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`Reply Claim Construction Brief, dated December 2, 2021.
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`9.
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`Attached hereto as Exhibit 6 is a true and correct copy of R. J. Baxley
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`and G. T. Zhou, "Power savings analysis of peak-to-average power ratio in OFDM,"
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`in IEEE Transactions on Consumer Electronics, vol. 50, no. 3, pp. 792-798, Aug.
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`2004, produced as NEO-AUTO_0002300.
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`10. Attached hereto as Exhibit 7 is a true and correct copy of Dell Inc. and
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`Dell Technologies Inc., v. Neo Wireless LLC, IPR2022-00277 (P.T.A.B.) Petition
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`for Inter Partes Review of U.S. Patent No. 10,833,908, dated December 14, 2021.
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`11. Attached hereto as Exhibit 8 is a true and correct copy of U.S. Patent
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`App. Pub. No. 2004/0082356 A1 to Walton et al.
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`12. Attached hereto as Exhibit 9 is a true and correct copy of Dell Inc. and
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`Dell Technologies Inc., v. Neo Wireless LLC, IPR2022-00277 (P.T.A.B.) Patent
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`Owner’s Preliminary Response, dated March 23, 2022.
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`13. Attached hereto as Exhibit 10 is a true and correct copy of Dell Inc. and
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`Dell Technologies Inc., v. Neo Wireless LLC, IPR2022-00277 (P.T.A.B.) Exhibit
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`2001, Declaration of William P. Alberth, Jr., dated March 23, 2022.
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`14. Attached hereto as Exhibit 11 is a true and correct copy of Dell Inc. and
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`Dell Technologies Inc., v. Neo Wireless LLC, IPR2022-00277 (P.T.A.B.) Paper 10,
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`2:22-MD-03034-TGB
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`2
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`DECLARATION OF JOSEPH A. HERRIGES
`IN SUPPORT OF DEFENDANTS’
`RESPONSIVE CLAIM CONSTRUCTION BRIEF
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`Case 2:22-md-03034-TGB ECF No. 131-1, PageID.9144 Filed 03/16/23 Page 4 of 6
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`Decision Denying Institution of Inter Partes Review, dated June 21, 2022.
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`15. Attached hereto as Exhibit 12 is a true and correct copy of relevant
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`excerpts from Webster’s Third New International Dictionary of the English
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`Language, Unabridged.
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`16. Attached hereto as Exhibit 13 is a true and correct copy of relevant
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`excerpts from the prosecution history of U.S. Patent Application No. 16/902,740.
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`17. Attached hereto as Exhibit 14 is a true and correct copy of Dell Inc. and
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`Dell Technologies Inc., v. Neo Wireless LLC, IPR2021-01486 (P.T.A.B.) Patent
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`Owner’s Preliminary Response, dated December 20, 2021.
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`18. Attached hereto as Exhibit 15 is a true and correct copy of Neo Wireless,
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`LLC, v. Dell Technologies Inc. and Dell Inc., Case No. 6:21-cv-024 (W.D. Tex.),
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`D.I. 56, Joint Claim Construction Statement, dated December 21, 2021.
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`19. Attached hereto as Exhibit 16 is a true and correct copy of Dell Inc. and
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`Dell Technologies Inc., v. Neo Wireless LLC, IPR2021-01468 (P.T.A.B.) Exhibit
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`2015, Correspondence between counsel for Neo Wireless and Dell, dated December
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`9 through 14, 2021.
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`20. Attached hereto as Exhibit 17 is a true and correct copy of Dell Inc. and
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`Dell Technologies Inc., v. Neo Wireless LLC, IPR2021-01468 (P.T.A.B.) Paper 12,
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`Decision Denying Institution of Inter Partes Review, dated March 14, 2022.
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`21. Attached hereto as Exhibit 18 is a true and correct copy of relevant
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`2:22-MD-03034-TGB
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`3
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`DECLARATION OF JOSEPH A. HERRIGES
`IN SUPPORT OF DEFENDANTS’
`RESPONSIVE CLAIM CONSTRUCTION BRIEF
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`Case 2:22-md-03034-TGB ECF No. 131-1, PageID.9145 Filed 03/16/23 Page 5 of 6
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`excerpts from the prosecution history of U.S. Patent Application No. 15/082,878.
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`22. Attached hereto as Exhibit 19 is a true and correct copy of Volkswagen
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`Group of America, Inc., v. Neo Wireless LLC, IPR2022-01537 (P.T.A.B.) Patent
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`Owner’s Preliminary Response, dated February 8, 2023.
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`23. Attached hereto as Exhibit 20 is a true and correct copy of relevant
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`excerpts from the prosecution history of U.S. Patent Application No. 15/953,950.
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` declare under penalty of perjury under the laws of the United States of
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` I
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`America that the foregoing is true and correct to the best of my knowledge.
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`Executed in Minneapolis, Minnesota on this 16th day of March, 2023.
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`/s/ Joseph A. Herriges
`Joseph A. Herriges
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`2:22-MD-03034-TGB
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`4
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`DECLARATION OF JOSEPH A. HERRIGES
`IN SUPPORT OF DEFENDANTS’
`RESPONSIVE CLAIM CONSTRUCTION BRIEF
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`Case 2:22-md-03034-TGB ECF No. 131-1, PageID.9146 Filed 03/16/23 Page 6 of 6
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`CERTIFICATE OF SERVICE
`The undersigned certifies that on March 16, 2023, the foregoing document
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`was filed electronically with the Clerk of Court using the CM/ECF system, which
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`will send notification of such filing to all attorneys of record.
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`/s/ Joseph A. Herriges
`Joseph A. Herriges
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`2:22-MD-03034-TGB
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`5
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`DECLARATION OF JOSEPH A. HERRIGES
`IN SUPPORT OF DEFENDANTS’
`RESPONSIVE CLAIM CONSTRUCTION BRIEF
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