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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.
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`Petitioner
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`V.
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`CONTENTGUARD HOLDINGS, INC.
`Patent Owner
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`Patent No. 7,774,280
`Issued: August 10, 2010
`Filed: October 4, 2004
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`Inventors: Nguyen, et a].
`Title: System and Method for Managing Transfer of Rights Using Shared
`State Variables
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`Inter Partes Review No. IPR 2015—00354
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`DECLARATION OF TIMOTHY P. MALONEY IN SUPPORT OF
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`CONTENTGUARD HOLDINGS, INC.’S
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`UNOPPOSED MOTION TO CORRECT FILING DATE OF PATENT
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`OWNER’S PRELIMINARY RESPONSE
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
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`PO. Box 1450
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`Alexandria, Virginia 22313—1450
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 1
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 1
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`
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`1, Timothy P. Maloney, declare:
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`l.
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`I am a partner at the law firm of Fitch, Even, Tabin & Flannery LLP
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`and I am the designated lead counsel for Patent Owner ContentGuard Holdings,
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`Inc. (“CG”) in relation to IPR2015—OO354. I make this declaration in support of
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`CG’s Unopposed Motion to Correct Filing Date of Patent Owner’s Preliminary
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`Response based on my own personal knowledge. If called as a witness, I could and
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`would testify competently to the facts in this declaration.
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`2.
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`CG had Preliminary Responses due on April 6 in six related IPR and
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`CBM proceedings. I was the lead attorney responsible for these submissions. I was
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`assisted by other attorneys and professional staff in preparing and finalizing these
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`responses, all but one of whom work in the Chicago office of the firm.
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`Ms. Jackeline Torres, a legal assistant in the firm’s Chicago office, was directed to
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`electronically file each completed response, including CG’s Preliminary Response
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`and supporting exhibits for IPR2015-00354. I authorized Ms. Torres to file under
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`my own PRPS credentials.
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`3.
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`I was present at the firm’s Chicago office and personally signed off on
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`each Response and authorized the filing of each response upon completion. The
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`response for IPR2015—00354 was the last of the six to be filed. The finalized
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`response and supporting exhibits were provided to Ms. Torres by approximately
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`11:50 pm. and she was instructed to file them as soon as the filing of the fifth
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 2
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 2
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`response was completed. At 12:01 am. Eastern Time on April 7, I received a
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`PRPS Notification Filing Courtesy Notice email indicating that the Response in
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`IPR2015—00354 had been filed and was available on PRPS. The email indicated
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`that it was sent at 12:00 am. Eastern time on April 7 and that it was also sent to
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`Petitioner’s lead counsel. A true and correct copy of the Notification Filing
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`Courtesy Notice email is attached as Exhibit 2025. The PRPS Notification Filing
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`Courtesy Notice email indicated that the Response had been given a filing date of
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`April 7, 2015.
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`4.
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`Immediately upon receiving the Notification Filing Courtesy Notice
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`email, I asked Ms. Torres when she began filing the Response to IPR2015-00354.
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`Ms. Torres indicated that she began submitting the files for uploading into PRPS at
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`about 11:56 pm. and had selected the “Submit” button when the upload had
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`completed at 11:58 or 11:59 pm. Ms. Torres explained that PRPS was processing
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`the Submit request for about two minutes before a notice appeared indicating that
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`the submission was completed.
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`5.
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`I directed a litigation paralegal, Mr. Timothy Willette,
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`to email a
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`service copy of CG’s Response to Petitioner’s lead counsel. At 12:42 am. Eastern
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`Time, Mr. Willette’s email attaching the Response for IPR2014—00354 was sent to
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`Petitioner’s lead counsel, Mr. Jeffery Kushan at the Sidley Austin law firm. A true
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`and correct copy of the service email is attached as Exhibit 2026.
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 3
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 3
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`6.
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`On the morning of April 9, 2015,
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`I contacted PTAB Paralegal
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`Specialist, Amy Kattula, to explain the circumstances of our attempt to file the
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`Response to IPR2015-00354 on April 6, and to inquire about the possibility of
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`filing a motion to correct any perceived untimeliness of the Response. Ms. Kattula
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`instructed me to contact Petitioner, Apple Inc’s lead counsel to determine whether
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`Apple would object to a motion to accept the late submission of the Response.
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`7.
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`I contacted Mr. Kushan the same morning. I explained that the files
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`had been uploaded and the “Submit” button clicked on April 6, but that the PRPS
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`Notification Filing Courtesy Notice email indicated that the Response had been
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`given a filing date of April 7, 2015. I inquired whether Apple would oppose a
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`motion by CG to accept the Response.
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`8.
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`On April 13, I received an email from Mr. Kushan stating that Apple
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`would not oppose a motion to accept the Response. A true and correct copy of
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`Mr. Kushan’s email is attached as Exhibit 2027.
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`9.
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`On April 13, I emailed Ms. Kattula to confirm that I had conferred
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`with Apple’s counsel and was advised that Apple would not oppose a motion to
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`accept the Response.
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`10.
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`On April 14, I received an email from Ms. Kattula indicating that CG
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`was authorized to file a motion to correct the filing date. A true and correct copy of
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`the email exchange with Ms. Kattula is attached as Exhibit 2028.
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 4
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 4
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`I declare under penalty of perjury that the foregoing is true and correct, and
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`that this declaration was executed in Chicago, Illinois on April 16, 2015.
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`Dated: April 16, 2015
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`M W
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`/M / r {flat/iii”? ,
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`Timothy P. Maloney
`Registration No. 38,233
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 5
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`Patent Owner ContentGuard, Inc. - Exhibit 2024, p. 5
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