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`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD IN THE UNITED
`STATES PATENT AND TRADEMARK OFFICE
`
`
`
`Trial No.:
`
`In re:
`
`IPR 2014-00062
`
`U.S. Patent No. 7,802,310
`
`Patent Owners:
`
`PersonalWeb Technologies, LLC & Level 3 Communications
`
`Petitioner:
`Inventors:
`
`Rackspace US, Inc. & Rackspace Hosting, Inc.
`
`David A. Farber and Ronald D. Lachman
`
`For: CONTROLLING ACCESS TO DATA IN A DATA PROCESSING SYSTEM
`
`* * * * * * * * * * *
`
`August 5, 2014
`
`
`
`
`PATENT OWNER’S NOTICE OF SUPPLEMENTAL EVIDENCE UNDER
`37 C.F.R. § 42.64(b)(2)
`
`
`
`2385411
`
`

`

`Patent Owner’s Notice of Supp. Evidence
`
`
`IPR2014-00062
`
`In response to “Petitioner’s Objections to Evidence Under to 37 C.F.R. §
`
`42.64(b)(1)” served July 22, 2014, patent owner PersonalWeb Technologies, LLC
`
`submits the following items as supplemental evidence:
`
` Updated Declaration of Robert Dewar (Ex. 2022)
`
` Updated Declaration of Kevin Bermeister (Ex. 2023)
`
`The changes from the prior declarations from these declarants are in the final
`
`paragraph and date.
`
`
`
`
`
`Nixon & Vanderhye, PC
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203-1808
`Telephone: (703) 816-4000
`
`Respectfully submitted,
`
`NIXON & VANDERHYE P.C.
`
`
`By: /Joseph A. Rhoa/
`Joseph A. Rhoa
`Reg. No. 37,515
`Updeep (Mickey) S. Gill
`Reg. No. 37,334
`Counsel for Patent Owner PersonalWeb
`
`1
`
`2385411
`
`

`

`Patent Owner’s Notice of Supp. Evidence
`
`
`
`PATENT OWNER’S EXHIBIT LIST
`Exhibit No. Brief Description
`
`IPR2014-00062
`
`
`2001
`
`2002
`
`2003
`
`2004
`
`2005
`
`2006
`
`2007
`
`2008
`
`2009
`
`2010
`
`2011
`
`2012*
`
`2013*
`
`2014
`
`2015
`
`2016
`
`2017
`
`2018
`
`Claim construction by the U.S. District Court for the District of
`Massachusetts.
`Decision regarding institution in IPR 2013-00085, dated May 17,
`2013.
`Altnet’s Opening Claim Construction Brief, in case styled Altnet
`Inc. v. Streamcast Networks, Inc., CV-06-5086, dated March 29,
`2007.
`Excerpts from file history of U.S. 7,949,662 to Farber et al.
`
`Patent Owner’s Opening Claim Construction Brief in litigation,
`dated June 5, 2013.
`Patent Owner’s Reply Claim Construction Brief in litigation, dated
`July 8, 2013.
`Excerpts from file history of U.S. 5,649,196 to Woodhill.
`
`Decision on rehearing in IPR 2013-00082, dated June 5, 2013.
`
`Decision regarding institution in IPR 2013-00082, dated May 17,
`2013
`U.S. Patent No. 5,978,791 to Farber et al.
`
`Claim Construction Order in related litigations (Aug. 5, 2013).
`
`Declaration of Robert Dewar
`
`Declaration of Kevin Bermeister
`
`Claim Construction Order in related litigations (March 21, 2014)
`
`Deposition Transcript of Melvin R. Mercer
`
`Skype License Agreement
`
`Brilliant Digital/Altnet License Agreement
`
`Sharman License Agreement
`
`2
`
`2385411
`
`

`

`Patent Owner’s Notice of Supp. Evidence
`
`
`2019
`
`Deposition Transcript of Narashimha Reddy
`
`IPR2014-00062
`
`
`2020
`
`2021
`
`2022
`
`2023
`
`Blickenstaff
`
`Langer document submitted by EMC (Reddy Dep. Ex. 1).
`
`Updated Declaration of Robert Dewar
`
`Updated Declaration of Kevin Bermeister
`
`
`
`3
`
`2385411
`
`

`

`Patent Owner’s Notice of Supp. Evidence
`
`
`IPR2014-00062
`
`CERTIFICATE OF SERVICE
`I hereby certify service of the foregoing Patent Owner’s Notice of
`
`Supplemental Evidence, and exhibits, to the following lead counsel for petitioner
`
`on August 5, 2014 via email (pursuant to agreement between the parties):
`
`David W. O’Brien
`HAYNES & BOONE, LLP
`2323 Victory Avenue, Ste. 700
`Dallas, TX 75219
` (david.obrien.ipr@haynesboone.com)
`
`
`
`
`By: /Joseph A. Rhoa/
`Joseph A. Rhoa
`Reg. No. 37,515
`
`
`
`
`
`
`
`2385411
`
`

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