`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`Sipnet EU S.R.O.,
`
`
`
`Petitioner
`
`v.
`
`Straight Path IP Group, Inc.,
`
`Patent Owner
`
`
`______________
`
`Case No. IPR2013-00246
`
`U.S. Patent No. 6,108,704
`
`
`______________
`
`
`Before KALYAN K. DESHPANDE, THOMAS L. GIANNETTI, and TRENTON
`A. WARD, Administrative Patent Judges.
`
`
`
`PATENT OWNER’S OBSERVATION ON CROSS EXAMINATION FOR
`PETITIONER’S DECLARANT LESLIE EHRLICH
`
`
`
`
`
`
`June 6, 2014
`
`
`
`
`
`
`Case No. IPR2013-00246
`US Patent No. 6,108,704
`
`
`PATENT OWNER’S EXHIBIT LIST
`CASE IPR2013-00246
`
`
`PATENT OWNER EXHIBIT #
`2001
`2002
`2003
`2004
`
`2005
`
`2006
`2007
`2008
`2009
`2010
`
`2011
`
`2012
`2013
`2014
`
`2015
`2016
`
`2017
`
`2018
`
`2019
`
`2020
`2021
`2022
`
`DESCRIPTION
`Power of Attorney
`Request for Ex Parte Reexamination
`Reexamination Certificate
`Response to Non-Final Rejection in a
`Re-Examination
`Notice of Intent to Issue Ex Parte
`Reexamination Certificate
`Final Rejection
`List of References
`Complaint for Patent
`Stipulation for Dismissal
`June 11, 2013 Letter from P. Lee to P.
`Haughey
`June 17, 2013 Correspondence from P.
`Haughey to P. Lee
`IPR2012-00041 Decision
`Patent Owner’s Certificate of Service
`Declaration of Alan M. Fisch in
`Support of Motion for Admission Pro
`Hac Vice
`Certificate of Service
`Declaration of Jason F. Hoffman in
`Support of Motion for Admission Pro
`Hac Vice
`Declaration of R. William Sigler in
`Support of Motion for Admission Pro
`Hac Vice
`Declaration of Professor Ketan Mayer-
`Patel
`Curriculum Vitae of Prof. Ketan
`Mayer-Patel
`Declaration of David K. Callahan
`Stalker Complaint
`Stalker Summons
`
`ii
`
`
`
`Case No. IPR2013-00246
`US Patent No. 6,108,704
`
`
`PATENT OWNER EXHIBIT #
`2023
`2024
`2025
`2026
`
`2027
`
`2028
`
`2029
`
`2030
`
`2031
`2032
`2033
`
`2034
`
`2035
`2036
`
`2037
`
`2038
`
`2039
`
`2040
`2041
`2042
`
`2043
`
`2044
`
`DESCRIPTION
`Declaration of Michelle Chatelain
`Sipnet - Contacts
`Sipnet.Net
`Dec. 10, 2013 Petitioner Response to
`Discovery
`Oct. 28, 2013 Patent Owner
`Interrogatories
`Nov. 26, 2013 Petitioner Objections to
`Interrogatories
`Dec. 20, 2013 Petitioner Response to
`Supplemental Discovery Requests
`CommuniGate – Tario
`Communications
`CommuniGate – Yuri Kolesnikov
`Dec. 4, 2013 Telephonic Hearing
`Oct. 25, 2013 Patent Owner Objections
`to Exhibits
`Nov. 6, 2013 Petitioner Supplemental
`Evidence
`NT Resource Kit
`Nov. 27, 2013 Petitioner Supplemental
`Evidence
`Nov. 27, 2013 Petitioner Decl. of Yuri
`Kolesnikov
`May 11, 2010 Office Action in a
`Reexamination
`Nov. 6 2013 Petitioner Supplemental
`Evidence (A)(1)
`[Reserved]
`[Reserved]
`Y. Kolesnikov LinkedIn Profile
`(served on Petitioner at May 29, 2014
`Y. Kolesnikov Deposition)
`May 29, 2014 Y. Kolesnikov
`Deposition Transcript
`May 29, 2014 L. Ehrlich Deposition
`Transcript
`
`iii
`
`
`
`Case No. IPR2013-00246
`US Patent No. 6,108,704
`
`
`PATENT OWNER EXHIBIT #
`2045
`
`2046
`
`2047
`
`DESCRIPTION
`May 30, 2014 V. Antonov Deposition
`Transcript
`Oct. 25, 2013 Patent Owner Objections
`to Evidence
`May 6, 2014 Patent Owner Objections
`to Evidence
`
`iv
`
`
`
`Case No. IPR2013-00246
`US Patent No. 6,108,704
`
`
`INTRODUCTION
`
`Pursuant to the Board’s authorization on June 4, 2014, Straight Path IP
`
`Group, Inc. (“Patent Owner”) respectfully makes the following observations
`
`regarding the May 29, 2014 cross-examination testimony of Leslie Ehrlich, one of
`
`the declarants of Sipnet EU S.R.O. (“Petitioner”).
`
`Ms. Ehrlich’s Testimony Establishes that Her Declaration Is Not Credible
`
`1.
`
`In Exhibit 2044, on Page 13, Line 24 through Page 14, Line 9; Page
`
`16, Lines 6-13; Page 24, Lines 11-22; and Page 11, Lines 15-19, Ms. Ehrlich
`
`testified that:
`
`Page 13, Line 24 through Page 14, Line 9:
`
`Q. So can you compare the two first pages on Exhibit 1004 and
`
`1019? Are they the same?
`
`A. No.
`
`Q. They're not the same, correct?
`
`A. No, the first pages are not the same.
`
`Q. Did you note that in your declaration?
`
`A. No.
`
`Q. So your declaration is incorrect with respect to what parts of the
`
`documents are actually different, correct?
`
`A.
`
`I don't know.
`
`Page 16, Lines 6-13:
`
`1
`
`
`
`Case No. IPR2013-00246
`US Patent No. 6,108,704
`
`
`Q. All right. Can you turn to the second page of Exhibit 1004? Is
`
`the second page of Exhibit 1004 in the materials that you
`
`printed out?
`
`A. No.
`
`Q. Did you note that difference in your declaration?
`
`A. No.
`
`Page 24, Lines 11-22:
`
`Q. Can I ask you to turn back to Page 2 of Exhibit 1018 which is
`
`your declaration?
`
`A. Yes.
`
`Q.
`
`I want to look at Paragraph 4 for a moment. It says, "I received
`
`the box for Windows NT 3.5 from Yuri Kolesnikov." That's not
`
`a true statement, correct?
`
`A. No, I received it from Paul Haughey who received it from Yuri.
`
`Q. How do you know Mr. Haughey actually received it from Yuri?
`
`A.
`
`I do not.
`
`Page 11, Lines 15-19:
`
`Q. Did you draft this declaration?
`
`A. No.
`
`Q. Who drafted the declaration?
`
`A. Paul Haughey. And then I reviewed it and made some edits and
`
`then executed it.
`
`This testimony is relevant to (1) Exhibit 1018, the Ehrlich Declaration; (2) Exhibit
`
`1017, the Kolesnikov Declaration (Exhibit 1017); (3) Exhibit 1019, the Yuri Guide
`
`(Exhibit 1019); (4) Pages 13-15 of Paper No. 33, Petitioner’s Reply; (5) Exhibit
`
`2
`
`
`
`Case No. IPR2013-00246
`US Patent No. 6,108,704
`
`1004, WINS; (6) Pages 2-6 and 13-15 of Patent Owner’s Motion to Exclude (June
`
`6, 2014); (7) Pages 14-17 of Paper No. 8, Patent Owner’s Preliminary Response;
`
`and (9) Pages 54-60 of Paper No. 30, Patent Owner’s Response. This testimony is
`
`relevant because Petitioner relies on Ms. Ehrlich’s declaration to establish the
`
`public availability of WINS. This testimony demonstrates that the declaration was
`
`not written by Ms. Ehrlich and contains significant incorrect statements.
`
`Ms. Ehrlich Testified that Exhibit 1004 (WINS) and Exhibit 1019 (Yuri
`Guide) Are Not the Same
`
`2.
`
`In Exhibit 2044, on Page 9, Lines 8-16; Page 16, Line 25 through
`
`Page 17, Line 6; Page 18, Line 21 through Page 19, Line 2; and Page 23, Line 19
`
`through Page 24, Line 2, Ms. Ehrlich testified that:
`
`Page 9, Lines 8-16:
`
`Q. Were the two documents that you compared completely the
`
`same?
`
`A. No.
`
`Q. Were the two documents that you compared identical?
`
`A. No.
`
`Q. There were differences between the two documents, correct?
`
`A. Yes.
`
`Page 16, Line 25 through Page 17, Line 6:
`
`Q. Well, now, the comparison that was done, for instance, does
`
`your comparison show that the first two pages of Exhibit 1004
`
`is missing?
`
`3
`
`
`
`Case No. IPR2013-00246
`US Patent No. 6,108,704
`
`
`A. No.
`
`Q. Did your comparison compare -- so the comparison is
`
`incomplete, correct?
`
`A. Yes.
`
`Page 18, Line 21 through Page 19, Line 2:
`
`Q. So the first ten pages of Exhibit 1004 weren't compared,
`
`correct?
`
`A. Correct.
`
`Q. Now, there's also -- so, in fact, the first 16 pages of Exhibit
`
`1019 weren't compared, correct?
`
`A. No. The first 16 pages? Correct.
`
`Page 23, Line 19 through Page 24, Line 2:
`
`Q. And so the total amount of changes in comparison of the two
`
`documents, that being Exhibit 1004 and Exhibit 1018 [sic,
`
`1019], was 10,264 changes, correct?
`
`A. Correct.
`
`Q. And as a result of all these changes, it is clear that the two
`
`documents are not identical, correct?
`
`A. Correct.
`
`
`
`This testimony is relevant for the same reasons as listed above to documents
`
`Exhibit 1018; Exhibit 1017; Exhibit 1019; Pages 13-15 of Paper No. 33; Exhibit
`
`1004; Pages 2-6 and 13-15 of Patent Owner’s Motion to Exclude; Pages 14-17 of
`
`Paper No. 8, and Pages 54-60 of Paper No. 30. In addition, this testimony
`
`confirms that Exhibit 1019, the Yuri Guide, differs from Exhibit 1004, WINS. Ms.
`
`4
`
`
`
`Case No. IPR2013-00246
`US Patent No. 6,108,704
`
`Ehrlich’s testimony contradicts the assertions in her declaration that the two
`
`exhibits are substantially identical.
`
`Ms. Ehrlich’s Declaration Cannot be Offered to Establish the Public
`Availability of Exhibit 1004, the WINS Manual
`
`3.
`
`In Exhibit 2044, on Page 15, Line 11 through Page 16, Lines 5, Ms.
`
`Ehrlich testified:
`
`Q. Have you seen the exact manual that Exhibit 1004 was copied
`
`from?
`
`A. No.
`
`Q. So you don't know where Exhibit 1004 came from, correct?
`
`A. No.
`
`Q. And you don't know if it was copied from a book or copied
`
`from a printed out piece of paper, correct?
`
`A. No.
`
`Q. Or if it was a draft?
`
`A. No.
`
`Q. Or uncirculated draft, correct?
`
`A. No.
`
`Q. Do you know when -- or do you know if Exhibit 1004 was ever
`
`published?
`
`A. No.
`
`Q. Do you know if Exhibit 1004 was ever made publicly
`
`available?
`
`A. No.
`
`5
`
`
`
`Case No. IPR2013-00246
`US Patent No. 6,108,704
`
`This testimony is relevant for the same reasons as stated above to documents
`
`Exhibit 1018; Exhibit 1017; Pages 13-15 of Paper No. 33; Exhibit 1004; Pages 2-6
`
`and 13-15 of Patent Owner’s Motion to Exclude; Pages 14-17 of Paper No. 8, and
`
`Pages 54-60 of Paper No. 30. In addition, this testimony is relevant because Ms.
`
`Ehrlich admitted that she cannot provide an opinion as to the public availability of
`
`WINS.
`
`
`
`
`Date: June 6, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/ Patrick J. Lee /
`Patrick J. Lee (Reg. No. 61,746)
`Alan M. Fisch
`Alicia M. Carney (Reg. No. 44,937)
`Michelle M. Chatelain (Reg. No. 71,435)
`Fisch Sigler LLP
`5335 Wisconsin Avenue
`Suite 830
`Washington, D.C. 20015
`Telephone: 202-362-3500
`Fax: 202-362-3501
`Email: patrick.lee@fischllp.com
`Email: alan.fisch@fischllp.com
`Email: alicia.carney@fishllp.com
`Email: michelle.chatelain@fischllp.com
`
`6
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this PATENT OWNER’S MOTION
`FOR OBSERVATION ON CROSS-EXAMINATION was served, by agreement
`of the parties, by electronic mail on counsel for the Petitioner on June 6, 2014 as
`follows:
`
`
`Paul C. Haughey
`Michael T. Morlock
`Kilpatrick Townsend & Stockton, LLP
`phaughey@kilpatricktownsend.com
`mmorlock@kilpatricktownsend.com
`
`
`
`Dated: June 6, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/ Patrick J. Lee /
`Patrick J. Lee (Reg. No. 61,746)
`Alan M. Fisch
`Alicia M. Carney (Reg. No. 44,397)
`Michelle M. Chatelain (Reg. No. 71,435)
`Fisch Sigler LLP
`5335 Wisconsin Avenue NW
`Suite 830
`Washington, DC 20015
`Telephone: 202-362-3500
`Fax: 202-362-3501
`Email: patrick.lee@fischllp.com
`Email: alan.fisch@fischllp.com
`Email: alicia.carney@fischllp.com
`Email: michelle.chatelain@fischllp.com
`Attorneys for Patent Owner
`
`
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
