`
`_____________________________________
`
`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 1014
`EBAY v LOCKWOOD
`CBM2014-00026
`
`
`
`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
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
