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`CHRIS R. OTTENWELLER (State Bar No. 73649)
` cottenweller@orrick.com
`BAS DE BLANK (State Bar No. 191487)
` basdeblank@orrick.com
`KIERAN L. KIECKHEFER (State Bar No. 251978)
` kkieckhefer@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025
`Telephone:
`650-614-7400
`Facsimile:
`650-614-7401
`
`ANNETTE L. HURST (State Bar No. 148738)
` ahurst@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`The Orrick Building
`405 Howard Street
`San Francisco, CA 94105-2669
`Telephone: (415) 773-5700
`Fax: (415) 773-5759
`
`
`Attorneys for Plaintiff
`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`ROBERT BOSCH HEALTHCARE
`SYSTEMS, INC.,
`
`Plaintiff,
`
`v.
`
`CARDIOCOM, LLC,
`
`Defendant.
`
`
`
`
`
`
`
`Case No. 12-cv-3864 EJD
`DECLARATION OF KLAUS
`BACHMANN IN SUPPPORT OF
`BOSCH’S OPPOSITION TO
`CARDIOCOM’S NOTICE OF
`MOTION AND MOTION TO STAY
`LAWSUIT PENDING
`REEXAMINATION OF PATENTS-
`IN-SUIT
`
`Date:
`Time:
`Judge:
`Ctrm:
`
`November 16, 2012
`9:00 a.m.
`Hon. Edward J. Davila
`4
`
`
`
`BACHMANN DECLARATION
`CASE NO. 12-CV-3864 EJD
`
`CARDIOCOM EXH. 1020
`CARDIOCOM v. BOSCH IPR2013-00431, 449, 468
`
`

`

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`DECLARATION OF KLAUS BACHMANN
`
`I, Klaus Bachmann, declare:
`1.
`Inc. (“Bosch”). I have held this position for the past four years. I have personal knowledge of the
`
`I am currently the Vice President of Finance of Robert Bosch Healthcare Systems,
`
`facts set forth in this Declaration and, if called as a witness, could and would testify competently
`
`to such facts under oath. I am providing this declaration in support of Bosch’s Opposition to
`
`Cardiocom, LLC’s (“Cardiocom”) Motion to Stay Lawsuit Pending Reexamination of Patents-in-
`
`Suit.
`
`2. Cardiocom is a direct competitor of Robert Bosch Healthcare Systems, Inc.
`(“Bosch”) in the telehealth market space. Bosch and Cardiocom directly and regularly compete
`
`with each other for important contracts with healthcare providers.
`3. For example, in 2011, the U.S. Department of Veterans Affairs selected Bosch,
`Cardiocom, and four other telehealth companies to compete for $225 million worth of home
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`health monitoring services contracts, to be completed within five years. Some of these contracts
`
`
`
`
`
`require features covered by the patents-in-suit. These contracts are crucial to the development of These contracts are crurr cial to the development ot f
`
`
`
`a successful telehealth business as they are expected to last several years and will involve thea successfuff l telehealth business as they are expected to last several years and will involve the
`
`
`
`
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`sales of high volumes of equipment and devices. Additionally, these contracts initiate many new sales of hf igh volumes of equipment and devices.
`
`relationships with patients because most patients sign up for the telehealth program that is
`
`suggested or provided by his or her healthcare provider.
`4. These contracts are also important because, once the relationship between a
`healthcare provider and a telehealth company is formed, the telehealth company has the
`
`opportunity to discuss and expand the level of telehealth services with a given company or to add
`
`on additional features or services at a later time.
`5. There are over 145 patents related to the patents-in-suit. Several other competitive
`healthcare companies have licensed the patents-in-suit from Bosch. Often times these licenses
`
`result following litigation and the settlement of that litigation. For example, Alere Medical and
`
`Patient Care Technologies settled with Health Hero Network, Inc. (a predecessor-in-interest to
`
`Bosch) and obtained licenses from Bosch in 2010. More recently, Waldo Networks settled with
`
`
`
`
`-1-
`
`BACHMANN DECLARATION
`CASE NO. 12-CV-3864 EJD
`
`

`

`Case5:12-cv-03864-EJD Document25 FiledlO/19112 Page3 of 3
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`and obtained a license from Bosch this year.
`
`I declare under penalty of perjury tmder the laws of the United States that the foregoing is
`
`tTue and correct. Executed at Palo Alto, California on October 18, 2012.
`
`Klaus Bachmann
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`- 2 -
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`BACHMANN DECLARATION
`CASE NO. 12-cv-3864 EJD
`
`