`
`By: John D. Vandenberg (Reg. No. 31,312)
`
`john.vandenberg@klarquist.com
`Stephen J. Joncus (Reg. No. 44,809)
`stephen.joncus@klarquist.com
`Klarquist Sparkman LLP
`One World Trade Center, Suite 1600
`121 S.W. Salmon Street
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Facsimile: (503) 595-5301
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
`
`MICROSOFT CORPORATION
`Petitioner
`
`v.
`
`PROXYCONN, INC.
`Patent Owner
`
`____________
`
`Case IPR2012-00026 (TLG)
`Patent 6,757,717 B1
`
`____________
`
`DECLARATION OF MUNG TAM AS SUPPLEMENTAL
`EVIDENCE IN RESPONSE TO PROXYCONN, INC.’S
`OBJECTIONS TO PETITIONER’S EXHIBITS 1001-1018
`
`
`
`Case IPR2012-00026
`Patent 6,757,717
`
`
`
`I, Mung Tam, declare as follows:
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`1.
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`I am over 18 years of age, a paralegal employed by Klarquist
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`Sparkman, LLP, lead counsel for Petitioner Microsoft Corporation, and I make this
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`declaration based on my own knowledge, personal experience, and belief. If called
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`upon, I can competently testify to the facts stated in this declaration.
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`2.
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`This declaration is submitted as supplemental evidence, pursuant to 37
`
`C.F.R. § 42.64(b)(2), in support of the instituted inter partes review, Microsoft
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`Corporation v. Proxyconn, Inc., Case No. IPR2012-00026 (TLG), and in response
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`to Proxyconn Inc.’s Objections to Petitioner’s Exhibits 1001-1018.
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`3.
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`On September 18, 2012, Microsoft Corporation filed a Petition for
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`Inter Partes Review of U.S. Patent No. 6,757,717 (“IPR2012-00026”). Filed
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`concurrently with Microsoft’s Petition were Exhibits 1001-1018.
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`4.
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`Exhibit 1008 is a true and correct copy of a Microsoft Corporation
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`document titled “[MS-RDC] – v20120705, Remote Differential Compression
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`Algorithm Specification,” dated July 5, 2012. This document was referenced in
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`Exhibit 1009, pages 12-23, and is a business record maintained in the ordinary
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`course of Microsoft’s business.
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`5.
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`Exhibit 1009 is a true and correct copy of Defendant Microsoft
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`Corporation’s Response to Plaintiff Proxyconn Inc.’s First Set of Interrogatories
`
`Declaration Of Mung Tam
`As Supplemental Evidence In Response
`To Proxyconn, Inc.’s Objections To Petitioner’s Exhibits 1001-1018
`
`Page 1
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`
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`Case IPR2012-00026
`Patent 6,757,717
`
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`with supporting Exhibits A-B and E, dated July 25, 2012. Exhibits C-D have been
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`omitted. Microsoft served these interrogatory responses on July 25, 2012 in the
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`concurrent litigation, Proxyconn Inc. v. Microsoft Corporation, et al., Case No. SA
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`CV11-1681 DOC (JPRx) [consolidated with Case Nos. SA CV11-1682 DOC
`
`(JPRx), SA CV11-1683 DOC (JPRx), and SA CV11-1684 DOC (JPRx)], pending
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`in the U.S. District Court for the Central District of California (the “’717
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`Concurrent Litigation”). Exhibit 1019 is a true and correct copy of the verification
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`of the interrogatory responses, signed by Microsoft representative David M.
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`Howard on August 13, 2012.
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`6.
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`Exhibit 1010 is a true and correct copy of Microsoft’s Supplemental
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`Exhibit E to Defendants’ Supplemental Interrogatory Response, dated August 15,
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`2012. Microsoft served these supplemental interrogatory responses on August 15,
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`2012 in the ’717 Concurrent Litigation.
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`7.
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`Exhibit 1011 is a true and correct copy of Plaintiff Proxyconn Inc.’s
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`Objections and Responses to Defendant Microsoft Corporation’s First Set of
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`Interrogatories, dated September 4, 2012. Proxyconn served these interrogatory
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`objections and responses on Microsoft on September 4, 2012 in the ’717
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`Concurrent Litigation.
`
`Declaration Of Mung Tam
`As Supplemental Evidence In Response
`To Proxyconn, Inc.’s Objections To Petitioner’s Exhibits 1001-1018
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`Page 2
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`
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`Case IPR2012-00026
`Patent 6,757,717
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`8.
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`Exhibit 1012 is a true and correct copy of Plaintiff Proxyconn Inc.'s
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`Second Amended Consolidated Complaint for Patent Infringement and supporting
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`Exhibit B, dated July 16, 2012. Exhibit A has been omitted. Proxyconn filed this
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`complaint in the '717 Concurrent Litigation, as Docket No. 77, and a notice was
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`emailed via the court's ECF system on July 17, 2012.
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`I declare under penalty of perjury of the laws of the United States that the
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`foregoing is true and correct.
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`Executed this 18th day of January, 2013 in Portland, Oregon.
`
`Mung
`
`Declaration Of Mung Tam
`As Supplemental Evidence In Response
`To Proxyconn, Inc.'s Objections To Petitioner's Exhibits 1001-1018
`
`Page 3
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`
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`Case IPR2012-00026
`Patent 6,757,717
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`
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`Certificate of Service in Compliance With 37 C.F.R. § 42.6(e)(4)
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`The undersigned certifies that a complete copy of this Declaration of Mung
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`Tam as Supplemental Evidence in Response to Proxyconn, Inc.’s Objections to
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`Petitioner’s Exhibits 1001-1018 was served on the official correspondence address
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`for the U.S. Patent No. 6,757,717 shown in PAIR and the attorneys of record for
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`Plaintiff in this proceeding and in the concurrent litigation matter:
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`MATTHEW L. CUTLER
`BRYAN K. WHEELOCK
`DOUGLAS A. ROBINSON
`HARNESS, DICKEY & PIERCE, PLC
`7700 BONHOMME, SUITE 400
`ST. LOUIS, MO 63105
`
`GENE SCOTT
`PATENT LAW & VENTURE GROUP
`36 EXECUTIVE PARK, SUITE #110
`IRVINE, CALIFORNIA 92614
`
`MARC A. FENSTER
`ANDREW D. WEISS
`RUSS AUGUST & KABAT
`12424 WILSHIRE BOULEVARD, 12TH FLOOR
`LOS ANGELES, CALIFORNIA 90025
`
`via EXPRESS MAIL, on January 18, 2013.
`
`
`
`
`
`By /John D. Vandenberg/
`
`John D. Vandenberg, Reg. No. 31,312
`One World Trade Center, Suite 1600
`121 S.W. Salmon Street
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Facsimile: (503) 595-5301
`
`CERTIFICATE OF SERVICE
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`
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`Page 1
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