`
`By: Richard D. MC Leod (Reg. No. 46,921)
`rick.mcleod@klarquist.com
`Michael D. Jones (Reg. No. 41,879)
`michael.jones@l<larquist.com
`Klarquist Sparkman LLP
`One World Trade Center, Suite 1600
`121 SW. Salmon Street
`
`Portland, Oregon 97204
`Telephone: (503) 595—5300
`Facsimile: (503) 595—5301
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`ABB INC.
`
`Petitioner
`
`V .
`
`ROY—G—BIV CORPORATION
`
`Patent Owner
`
`Case IPR20l3-00062
`
`Patent 6,516,236
`
`_.._—_—___-______-___
`
`DECLARATION OF JAMES S. ALEX
`
`ABB v ROY-G-BIV
`
`ABB - EXHIBIT 1146
`
`TRIAL IPR2013-00062
`
`TRIAL IPR2013-00282
`
`
`
`1, JAMES S. ALEX, hereby declare and state as follows:
`
`Case IPR2013AOOO62
`
`Patent 6,516,236
`
`1.
`
`I am counsel for petitioner ABB Inc. in the related district court
`
`proceeding, ROY-G—BIV Corporation v. ABB Ina, MEADWESTVA CO TEXAS, LP
`
`AND MEADWESTVACO CORPORATION, Case No. 6:1 Lev-00622 (ED. Tex,
`
`filed November 15, 2011).
`
`2.
`
`I make this declaration in support of petitioner ABB Inc’s opposition
`
`to patent owner ROY—G-BIV (“RGB”)’s motion to submit supplemental evidence.
`
`I am familiar with the facts set forth in this declaration.
`
`3.
`
`I searched for Marc McClung using an internet browser.
`
`It was a
`
`simple matter and it took me approximately 10 minutes to locate him. To find
`
`Marc McClung’s contact information, I searched for him using Google Search,
`
`and was able to locate him on his current employer’s website.
`
`4.
`
`Marc McClung was no longer an employee of Parker Hannifm when I
`
`searched for him.
`
`5.
`
`
`The website for his employer is wwdragnetsolutions.com, and the
`
`company’s contact information is included in the website.
`
`6.
`
`On February 11, 2014 I called the phone number listed on Dragnet
`
`Solutions Inc’s website, and was able to reach Marc McClung.
`
`Declaration of James S. Alex
`
`Page 1
`
`
`
`Case 1PR2013—00062
`
`Patent 6,516,236
`
`7.
`
`After an introduction, Marc McClung briefly spoke with me regarding
`
`the circa 1994 collaboration effort between RGB and Compumotor regarding a
`
`specification for a WOSA motion control APl/SPI specification (the
`
`“Collaboration”), and he was able recall the Collaboration with reasonable
`
`accuracy.
`
`8.
`
`On February 17, 2014, 1 called Marc McClung again to ask whether
`
`he would have an informal telephone conversation regarding the Collaboration,
`
`and he agreed.
`
`9.
`
`During a later phone call also on February 17, 2014, Marc McClung
`
`elaborated on his involvement in the Collaboration, and agreed to have a more
`
`detailed informal discussion with counsel for ABB lnc. regarding the
`
`Collaboration.
`
`10.
`
`On February 25, 2014, I spoke with Marc McClung again on the
`
`telephone, and he agreed to have an informal discussion with counsel for ABB
`
`Inc. on Tuesday March 11, 2014 regarding the Collaboration.
`
`1 1.
`
`Also during the February 25 discussion, Marc McClung agreed to
`
`receive a subpoena for a deposition and document production. The deposition
`
`was noticed for March 14, 2014, and was not drawn to the informal discussion to
`
`take place on March 11, 2014.
`
`Page 2
`
`
`
`Case IPR2013-00062
`
`Patent 6,516,236
`
`12. Also during the February 25 discussion, Marc McClung indicated to
`
`me that he did not have any documents relevant to the Collaboration, and that any
`
`of his work emails from that time frame would be in Parker’s possession.
`
`13.
`
`On March 11, 2014, ABB Inc’s counsel, including myself, Jeremy
`
`Dutra, and Rob Nupp, called Marc McClung for an informal discussion regarding
`
`the Collaboration. This phone call lasted approximately three hours.
`
`14. ABB Inc. did not at any time retain Mr. McClung as a consultant and
`
`did not compensate Mr. McClung for his time spent engaged in informal
`
`conversations.
`
`I declare that all statements made herein of my own knowledge are true and
`
`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, and that such willful
`
`false statements may jeopardize the validity of the application or any patent issued
`
`thereon.
`
`Date: March 26, 2014
`
`/:}.1
`3
`iI
`j
`
`
`/;’MUM;
`
`Page 3
`
`
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
