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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`ZTE CORPORATION AND ZTE (USA) INC.
`Petitioners
`
`v.
`
`INTERDIGITAL TECHNOLOGY CORPORATION
`Patent Owner
`__________________
`
`Case IPR2014-00525
`U.S. Patent No.: 8,380,244
`
`_______________________________________________________________
`
`
`AFFIDAVIT OF CHARLES M. MCMAHON
`IN SUPPORT OF MOTION TO CORRECT CLERICAL ERRORS IN
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,380,244
`
`I Charles M. McMahon declare that:
`
`1.
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`I am an attorney licensed to practice law in the State of Illinois, I am
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`registered to practice before the U.S. Patent and Trademark Office, and I am a
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`shareholder with the law firm of Brinks, Gilson & Lione, located at NBC Tower,
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`Suite 3600, 455 North Cityfront Plaza Drive, Chicago, Illinois, 60611, and counsel
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`for petitioners ZTE Corp. and ZTE (USA) Inc. (“ZTE”) in the above-captioned
`
`
`
`
`
`Affidavit of Charles M. McMahon in Support of Motion to Correct Clerical Errors
`Attorney Docket No. 14569.00009
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`action.
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`2.
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`I have knowledge of the facts set forth herein, and if called to testify
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`as a witness thereto, would do so under oath.
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`3.
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`On March 21, 2014, I filed a petition for inter partes review of U.S.
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`Patent No. 8,380,244 on behalf of ZTE.
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`4.
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`On April 2, 2014, I received an email message from the Patent
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`Review Processing System (“PRPS”) in connection with a Notice of Filing Date
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`Accorded to Petition and Time for Filing Patent Owner Preliminary Response that
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`issued on April 2, 2014 (“Notice”). The email message was captioned “Petition
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`Verification” and indicated that “[t]he Petition has been verified and has been
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`accorded a filing date” of March 21, 2014. The email message did not indicate,
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`and I was unaware at the time, that other substantive information had become
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`available on PRPS in connection with the Notice.
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`5.
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`A copy of the message I received on April 2, 2014, is attached as
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`Exhibit A.
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`6.
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`On April 28, 2014, as part of a routine procedure for downloading
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`PRPS filings, a paralegal at Brinks, Gilson, & Lione downloaded, but did not
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`circulate, the detailed Notice of April 2, 2014. Neither the paralegal nor anyone
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`else at Brinks, Gilson, & Lione reviewed the notice until May 14, 2014.
`
`2
`
`
`
`Affidavit of Charles M. McMahon in Support of Motion to Correct Clerical Errors
`Attorney Docket No. 14569.00009
`
`7.
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`Late in the afternoon on Wednesday, May 14, 2014, I learned for the
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`first time that the Notice contained more detailed information than the email
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`message I received on April 2, 2014.
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`8.
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`The Notice, available only on PRPS, requested that petitioner within
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`five business days correct certain clerical errors contained in the petition. The
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`clerical errors included a single-spaced block quotation in the text of the petition
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`and the omission of certain identifying labels on the exhibits. By the time I
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`reviewed this document, the five business days had already passed.
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`9.
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`Early on the morning of Thursday, May 15, 2014, I contacted the
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`Trial Paralegal assigned to this case to discuss the appropriate procedure for filing
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`a corrected petition.
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`10. Pursuant to the instructions received from the Trial Paralegal, I am
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`filing today: (1) a motion to correct clerical errors; (2) an affidavit supporting the
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`motion; and (3) the corrected petition.
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`Executed this 19th day of May, 2014 at Chicago, Illinois. I declare under penalty
`of perjury under the laws of the United States of America that the foregoing is true
`and correct.
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`
`
`
` /Charles M. McMahon/
`Charles M. McMahon
`
`
`
`3
`
`
`
`Exhibit A
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`Exhibit A
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`
`
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`From: PRPS SYSTEM NOTIFICATION <PRPS_Trial@uspto.gov>
`Date: Thursday, April 3, 2014 at 1:28 AM
`To: Charles McMahon <cmcmahon@brinksgilson.com>
`Subject: Petition Verification IPR2014‐00525
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`
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`
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`Case Number:
`Petitioner:
`Patent Number:
`Filing Date:
`Point of Contact:
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`
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`The linked image cannot be
`displayed. The file may hav e
`been mov ed, renamed, or
`deleted. Verify that the link
`points to the correct file and
`location.
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`
`Petition Verification
`
`IPR2014-00525
`ZTE Corporation of Shenzhen, -
`8380244
`3/21/2014
`Charles McMahon, cmcmahon@brinksgilson.com
`
`1
`
`
`
`
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`The Petition has been verified and has been accorded a filing date.
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`
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`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571‐272‐7822.
`This e‐mail is computer‐generated. Do not reply because this e‐mail address is not monitored.
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`
`
`2
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`
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`Affidavit of Charles M. McMahon in Support of Motion to Correct Clerical Errors
`Attorney Docket No. 14569.00009
`
`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the foregoing Affidavit of Charles
`
`M. McMahon in Support of Motion to Correct Clerical Errors in
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`Petition for Inter Partes Review of U.S. Patent No. 8,380,244 was served
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`on May 19, 2014, by electronic mail upon the following counsel of record
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`for Patent Owner IPR Licensing, Inc.:
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`Lead Counsel
`Jonathan D. Link
`Reg. No. 41,548
`Latham & Watkins LLP
`555 11th Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`E-mail: jonathan.link@lw.com
`
`
`
`Backup Counsel
`Julie M. Holloway
`Reg. No. 44,769
`Latham & Watkins LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, California 94111-
`6538
`Telephone: (415) 391-0600
`Facsimile: (415) 395-8095
`E-mail: julie.holloway@lw.com
`
`/Charles M. McMahon/
`Charles M. McMahon
`
`
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