`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ARRIS GROUP, INC.
`Petitioner
`
`v.
`
`C-CATION TECHNOLOGIES, LLC
`Patent Owner
`
`Case: IPR2014-00746
`
`DECLARATION OF TROY VAN AACKEN
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313-1450
`Submitted Electronically via the Patent Review Processing System
`
`ARRIS883IPRI0001576
`
`
`
`I, Troy Van Aacken, hereby declare as follows:
`
`1.
`
`I hold the position of Lead Counsel at ARRIS Group, Inc. I have personal
`
`knowledge of the facts stated herein and if called upon to testify to them, I can and
`
`will do so.
`
`2.
`
`ARRIS has certain agreements with its customers, including Comcast.
`
`Comcast is ARRIS's largest customer at this time.
`
`3.
`
`The agreements that ARRIS has with its customers include provisions that
`
`are negotiated between the parties and are not publicly available.
`
`4.
`
`ARRIS treats its agreements with its customers as sensitive and confidential
`
`business information. Our customers, including Comcast, also expect these
`
`agreements to be confidential. As such, ARRIS restricts access to the agreements
`
`and does not make them available to the public, or our competitors. The
`
`agreements also include confidentiality provisions that limits ARRIS's ability to
`
`disseminate them. We understand that our customers are also obligated under the
`
`agreements to keep the agreements and their terms confidential.
`
`5.
`
`If the terms of these agreements between ARRIS and Comcast were made
`
`available to the public, including ARRIS's competitors, then both ARRIS and
`
`Comcast's competitive position would be compromised
`
`6.
`
`I hereby declare that all statements made herein of my own knowledge are
`
`true, and that all statements made on information and belief are believed to be true.
`
`ARRIS883IPRI0001577
`
`
`
`I further declare that these statements were made with the knowledge that willful
`
`false statements are punishable by fine or imprisonment, or both, under Section
`
`1001 of Title 18 of the United States Code.
`
`Dated: _~,~~~
`
`2
`
`ARRIS883IPRI0001578
`
`
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