`
`_____________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________________
`
`EBAY ENTERPRISE, INC. AND EBAY, INC.
`Petitioner
`
`v.
`
`LAWRENCE B. LOCKWOOD
`Patent Owner
`
`_____________________________________
`
`Cases CBM2014-00025 (Patent 7,010,508)
`CBM 2014-00026 (Patent 5,576,951)
`
`_____________________________________
`
`DECLARATION OF HOWARD I. SHERMAN
`
`EBAY 1012
`EBAY v LOCKWOOD
`CBM2014-00025
`
`
`
`I, Howard I. Sherman am patent counsel for the Petitioner, GSI Commerce
`Solutions, Inc. an eBay Inc. company. I am admitted to the practice of law in the
`commonwealth of Pennsylvania, the state of New York, and before the United
`States Patent and Trademark Office. This declaration is provided in support of the
`petition for Post Grant Review (Transitional Program for Covered Business
`Method Patents) proceedings CBM2014-00025 of U.S. Patent No. 7,010,508 and
`CBM2014-00026 of U.S. Patent 5,576,951.
`
`GSI Commerce Solutions, Inc. is a wholly-owned subsidiary of GSI
`1)
`Commerce, Inc., d/b/a eBay Enterprise, which is a wholly-owned subsidiary of
`eBay, Inc.
`
`2)
`
`iRobot Corporation is a customer of GSI Commerce Solutions, Inc.
`
`At the time the petitions in CBM2014-00025 and CBM2014-00026 were
`3)
`filed, a patent infringement lawsuit brought by Landmark Technology, LLC
`against iRobot Corporation was asserting U.S. Patent No. 7,010,508 and U.S.
`Patent 5,576,951 was pending in the U.S. District Court for the Eastern District of
`Texas.
`
`GSI Commerce Solutions, Inc. provides the functionality accused by
`4)
`Landmark Technology, LLC of infringing U.S. Patent No. 7,010,508 and U.S.
`Patent 5,576,951 to iRobot Corporation.
`
`iRobot Corporation has requested that GSI Commerce Solutions, Inc.
`5)
`indemnify and defend it against Landmark Technology, LLC’s allegations of
`patent infringement. GSI Commerce Solutions, Inc. is contractually obligated to
`indemnify iRobot Corporation relating to use of GSI’s products.
`
`Pursuant to iRobot’s request and GSI Commerce Solutions, Inc.’s indemnity
`6)
`obligations, GSI Commerce Solutions, Inc. has defended iRobot Corporation in the
`above-described lawsuit.
`
`I declare that all statements made herein of my own knowledge are true and
`7)
`that all statements made on information and belief are believed to be true; and
`further that these statements were made with the knowledge that willful false
`statements and the like so made are punishable by fine or imprisonment, or both,
`under Section 1001 of Title 18 of the United States Code.
`
`1
`
`
`
`8)
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on April 29, 2014
`
`We—
`
`Howard 1. Sherman
`
`Patent Counsel
`
`eBay Enterprise
`935 First Avenue
`
`King of Prussia, PA 19406
`
`