throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.
`
`Petitioner
`
`V.
`
`CONTENTGUARD HOLDINGS, INC.
`Patent Owner
`
`Patent No. 7,774,280
`Issued: August 10, 2010
`Filed: October 4, 2004
`
`Inventors: Nguyen, et a].
`Title: System and Method for Managing Transfer of Rights Using Shared
`State Variables
`
`Inter Partes Review No. IPR 2015—00354
`
`DECLARATION OF TIMOTHY P. MALONEY IN SUPPORT OF
`
`CONTENTGUARD HOLDINGS, INC.’S
`
`UNOPPOSED MOTION TO CORRECT FILING DATE OF PATENT
`
`OWNER’S PRELIMINARY RESPONSE
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`PO. Box 1450
`
`Alexandria, Virginia 22313—1450
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 1
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 1
`
`

`

`1, Timothy P. Maloney, declare:
`
`l.
`
`I am a partner at the law firm of Fitch, Even, Tabin & Flannery LLP
`
`and I am the designated lead counsel for Patent Owner ContentGuard Holdings,
`
`Inc. (“CG”) in relation to IPR2015—OO354. I make this declaration in support of
`
`CG’s Unopposed Motion to Correct Filing Date of Patent Owner’s Preliminary
`
`Response based on my own personal knowledge. If called as a witness, I could and
`
`would testify competently to the facts in this declaration.
`
`2.
`
`CG had Preliminary Responses due on April 6 in six related IPR and
`
`CBM proceedings. I was the lead attorney responsible for these submissions. I was
`
`assisted by other attorneys and professional staff in preparing and finalizing these
`
`responses, all but one of whom work in the Chicago office of the firm.
`
`Ms. Jackeline Torres, a legal assistant in the firm’s Chicago office, was directed to
`
`electronically file each completed response, including CG’s Preliminary Response
`
`and supporting exhibits for IPR2015-00354. I authorized Ms. Torres to file under
`
`my own PRPS credentials.
`
`3.
`
`I was present at the firm’s Chicago office and personally signed off on
`
`each Response and authorized the filing of each response upon completion. The
`
`response for IPR2015—00354 was the last of the six to be filed. The finalized
`
`response and supporting exhibits were provided to Ms. Torres by approximately
`
`11:50 pm. and she was instructed to file them as soon as the filing of the fifth
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 2
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 2
`
`

`

`response was completed. At 12:01 am. Eastern Time on April 7, I received a
`
`PRPS Notification Filing Courtesy Notice email indicating that the Response in
`
`IPR2015—00354 had been filed and was available on PRPS. The email indicated
`
`that it was sent at 12:00 am. Eastern time on April 7 and that it was also sent to
`
`Petitioner’s lead counsel. A true and correct copy of the Notification Filing
`
`Courtesy Notice email is attached as Exhibit 2025. The PRPS Notification Filing
`
`Courtesy Notice email indicated that the Response had been given a filing date of
`
`April 7, 2015.
`
`4.
`
`Immediately upon receiving the Notification Filing Courtesy Notice
`
`email, I asked Ms. Torres when she began filing the Response to IPR2015-00354.
`
`Ms. Torres indicated that she began submitting the files for uploading into PRPS at
`
`about 11:56 pm. and had selected the “Submit” button when the upload had
`
`completed at 11:58 or 11:59 pm. Ms. Torres explained that PRPS was processing
`
`the Submit request for about two minutes before a notice appeared indicating that
`
`the submission was completed.
`
`5.
`
`I directed a litigation paralegal, Mr. Timothy Willette,
`
`to email a
`
`service copy of CG’s Response to Petitioner’s lead counsel. At 12:42 am. Eastern
`
`Time, Mr. Willette’s email attaching the Response for IPR2014—00354 was sent to
`
`Petitioner’s lead counsel, Mr. Jeffery Kushan at the Sidley Austin law firm. A true
`
`and correct copy of the service email is attached as Exhibit 2026.
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 3
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 3
`
`

`

`6.
`
`On the morning of April 9, 2015,
`
`I contacted PTAB Paralegal
`
`Specialist, Amy Kattula, to explain the circumstances of our attempt to file the
`
`Response to IPR2015-00354 on April 6, and to inquire about the possibility of
`
`filing a motion to correct any perceived untimeliness of the Response. Ms. Kattula
`
`instructed me to contact Petitioner, Apple Inc’s lead counsel to determine whether
`
`Apple would object to a motion to accept the late submission of the Response.
`
`7.
`
`I contacted Mr. Kushan the same morning. I explained that the files
`
`had been uploaded and the “Submit” button clicked on April 6, but that the PRPS
`
`Notification Filing Courtesy Notice email indicated that the Response had been
`
`given a filing date of April 7, 2015. I inquired whether Apple would oppose a
`
`motion by CG to accept the Response.
`
`8.
`
`On April 13, I received an email from Mr. Kushan stating that Apple
`
`would not oppose a motion to accept the Response. A true and correct copy of
`
`Mr. Kushan’s email is attached as Exhibit 2027.
`
`9.
`
`On April 13, I emailed Ms. Kattula to confirm that I had conferred
`
`with Apple’s counsel and was advised that Apple would not oppose a motion to
`
`accept the Response.
`
`10.
`
`On April 14, I received an email from Ms. Kattula indicating that CG
`
`was authorized to file a motion to correct the filing date. A true and correct copy of
`
`the email exchange with Ms. Kattula is attached as Exhibit 2028.
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 4
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 4
`
`

`

`I declare under penalty of perjury that the foregoing is true and correct, and
`
`that this declaration was executed in Chicago, Illinois on April 16, 2015.
`
`Dated: April 16, 2015
`
`M W
`
`/M / r {flat/iii”? ,
`
`Timothy P. Maloney
`Registration No. 38,233
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 5
`
`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 5
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket