`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`ZTE CORPORATION AND ZTE (USA) INC.
`Petitioners
`
`v.
`IPR LICENSING, INC.
`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 AND RESUBMIT EXHIBITS IN
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,380,244
`
`I Charles M. McMahon declare that:
`
`1.
`
`I am an attorney licensed to practice law in the State of Illinois, I am
`
`registered to practice before the U.S. Patent and Trademark Office, and I am a
`
`shareholder with the law firm of Brinks, Gilson & Lione, located at NBC Tower,
`
`Suite 3600, 455 North Cityfront Plaza Drive, Chicago, Illinois, 60611, and counsel
`
`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
`
`action.
`
`2.
`
`I have knowledge of the facts set forth herein, and if called to testify
`
`as a witness thereto, would do so under oath.
`
`3.
`
`On August 5, 2014, counsel for the parties received an email from the
`
`Trial Paralegal, Ms. Althea Wilburn, notifying Petitioner that the uploaded version
`
`of the exhibit labeled Exhibit 1010 (337-TA-800 Comm’n Opinion (Public)) had
`
`been truncated, and requesting that Petitioner resubmit the complete exhibit.
`
`4.
`
`After investigating the truncated exhibit, counsel for Petitioners
`
`learned that the exhibit label for Exhibit 1010 (337-TA-800 Comm’n Opinion
`
`(Public) was mistakenly reversed with the label for Exhibit 1011 (337-TA-800
`
`ALJ’s Initial Determination (Public)) and that a citation on page one of the Petition
`
`was incorrectly listed as Exhibit 1010 instead of Exhibit 1011.
`
`5.
`
`On August 6, 2014, counsel for Petitioners spoke with and exchanged
`
`emails with Ms. Wilburn to determine how to proceed in correcting the truncated
`
`exhibit and clerical errors.
`
`6.
`
`Pursuant to instructions received from Ms. Wilburn, Petitioners are
`
`filing today: (1) a motion to correct clerical errors along with this affidavit in
`
`support; (2) complete versions of corrected Exhibits 1010 and 1011; and (3) a
`
`second corrected petition with one corrected citation.
`
`2
`
`
`
`Affidavit of Charles M. McMahon in Support of Motion to Correct Clerical Errors
`Attorney Docket No. 14569.00009
`
`7.
`
`Petitioners are submitting the Second Corrected Petition to correct a
`
`single citation error on page one of the petition. No other changes were made to
`
`the Petition.
`
`8.
`
`Petitioners are also resubmitting complete versions of Exhibit 1010
`
`(337-TA-800 Comm’n Opinion (Public)) and Exhibit 1011 (337-TA-800 ALJ’s
`
`Initial Determination (Public)) with corrected labels to conform to the exhibit
`
`number in the Table of Exhibits.
`
`9.
`
`I understand that in December and June 2013, respectively, the
`
`International Trade Commission served Patent Owner with complete, confidential
`
`versions of the publicly available documents submitted as Exhibits 1010 and 1011.
`
`
`Executed this 6th day of August, 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.
`
`
`
`
` /Charles M. McMahon/
`Charles M. McMahon
`
`
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing AFFIDAVIT OF
`
`CHARLES M. MCMAHON IN SUPPORT OF MOTION TO CORRECT
`
`CLERICAL ERRORS AND RESUBMIT EXHIBITS IN PETITION has been
`
`served on August 6, 2014, by electronic mail on the following counsel of record
`
`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
`
`/s/ Charles M. McMahon
`Charles M. McMahon
`
`for Patent Owner IPR Licensing, Inc.:
`
`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
`
`
`
`
`
`
`
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
