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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT AND TRIAL APPEAL BOARD
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`UNIFIED PATENTS, INC.
`Petitioner
`v.
`CLOUDING IP, LLC
`Patent Owner
`____________
`Case IPR2013-00586
`Patent 6,738,799
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`PATENT OWNER’S PROPOSED INTERROGATORIES
`FOR ADDITIONAL DISCOVERY
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`Pursuant to the Board’s Order dated April 30, 2014, Paper 13, Patent Owner,
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`Clouding IP, LLC, hereby submits its proposed interrogatories to Petitioner, Unified
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`Patents, Inc.
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`I. Definitions:
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`A. ‘799 PATENT means U.S. Patent No. 6,738,799.
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`B. CLOUD STORAGE MICRO-POOL means the micro-pool launched by
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`UNIFIED directed to “Cloud Storage” as described in UNIFIED’s press
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`releases dated September 17, 2013, Ex. 2003, and September 23, 2013, Ex.
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`2005.
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`C. CLOUDING means Clouding IP, LLC.
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`D. COMMUNICATIONS means the transmission or receipt of information of
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`any kind through any means (e.g., email, text message, voicemail, audio,
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`computer readable media, or orally).
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`E. GOOGLE means Google Inc. and includes any affiliate, officer, director,
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`employee, agent, representative, privies, intermediaries or others authorized to
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`act on behalf of Google Inc.
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`F. IPR means IPR2013-00586.
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`G. MEMBERS means the members of UNIFIED (e.g., as so designated here on
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`2
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`UNIFIED’S website: http://unifiedpatents.com/2014/04/17/unified-granted-
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`inter-partes-review-ipr-on-ipnav-clouding-ip-patent) or, with respect to the
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`CLOUD STORAGE MICRO-POOL members of such pool.
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`H. UNIFIED means Unified Patents, Inc. and includes any shareholder, officer,
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`director, employee, agent, representative, privies, intermediaries or other
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`individual authorized to act on behalf of Unified Patents, Inc.
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`I. USPTO means the Unites States Patent and Trademark Office.
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`J. YEARLY SUBSCRIPTION FEES means the funding received from
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`MEMBERS (e.g., as indicated on UNIFIED’S Website:
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`http://unifiedpatents.com/#whatwedo).
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`II. Interrogatories:
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`1. Provide (i) the total amount of YEARLY SUBSCRIPTION FEES or other
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`amounts paid by all MEMBERS to each of (a) UNIFIED and (b) separately,
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`the CLOUDING STORAGE MICRO-POOL in calendar years 2012 and
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`2013, and (ii) the total amount of all YEARLY SUBSCIPTION FEES or other
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`amounts paid by GOOGLE to each of (a) UNIFIED and (b) separately, the
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`CLOUDING STORAGE MICRO-POOL in calendar years 2012 and 2013.
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`3
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`2. Identify (i) the total amount and source of any cash amounts received by or
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`paid to UNIFIED or the CLOUD STORAGE MICRO-POOL relating in any
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`way to any challenge to the validity of any claim of the ‘799 PATENT,
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`including payments relating to the preparation, editing, review, approval,
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`and/or filing of any papers related to the IPR; and (ii) the percentage of said
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`payments identified in part (i) received from GOOGLE.
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`3. Identify COMMUNICATIONS between UNIFIED or the CLOUD
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`STORAGE MICRO POOL and GOOGLE relating to CLOUDING or the
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`‘799 PATENT, including any COMMUNICATIONS relating to challenging
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`the validity of the ‘799 PATENT and COMMUNICATIONS relating to the
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`financing, preparation, editing, review, approval, and or filing of the IPR.
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`4. Identify all individuals known to UNIFIED or the CLOUD STORAGE
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`MICRO POOL that participated or assisted in any way with the financing,
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`preparation, editing, review, approval, and/or filing of the IPR, including any
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`individuals acting for or on behalf of GOOGLE.
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`4
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`5. State (i) whether or not UNIFIED will permit the use of all items of discovery
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`(including deposition transcripts, responses to interrogatories and documents
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`produced in response to subpoena or otherwise) regarding UNIFIED that was
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`or is obtained in Civil Action No. 12-0639-LPS (DED) in the IPR, provided
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`such items of discovery are subject to a protective order in the IPR and (ii) if
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`not, the basis for denying such request.
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`Respectfully submitted,
`/Tarek N. Fahmi/
`
`Tarek N. Fahmi
`Reg. No. 41,402
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`Dated: May 6, 2014
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`Ascenda Law Group, PC
`84 W. Santa Clara St., Suite 550
`San Jose, CA 95113
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`Tel: 866-877-4883
`Fax: 408-773-6177
`Email: patents@ascendalaw.com
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`5
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing
`PATENT OWNER’S PROPOSED INTERROGATORIES
`FOR ADDITIONAL DISCOVERY
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`was served on May 6, 2014, by filing this document though the Patent
`Review Processing System as well as by delivering a copy via electronic
`mail directed to the attorneys of record for the Petitioner at the following
`address:
`
`Michael Kiklis
`Scott McKeown
`Oblon Spivak
`1940 Duke Street
`Alexandria, VA 22314
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`MKiklis@oblon.com
`SMcKeown@oblon.com
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`The parties have agreed to accept service by electronic mail in this matter.
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`Respectfully submitted,
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`/Tarek N. Fahmi/
`Tarek N. Fahmi
`Reg. No. 41,402
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`Dated: May 6, 2014
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`Ascenda Law Group, PC
`84 W. Santa Clara St., Suite 550
`San Jose, CA 95113
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`Tel: 866-877-4883
`Fax: 408-773-6177
`Email: patents@ascendalaw.com
`
`
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