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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`CROSSROADS SYSTEMS, INC.
`Patent Owner
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`____________
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`Patent No. 7,051,147
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`DECLARATION OF BRIAN BIANCHI
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`1 of 7
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` CROSSROADS EXHIBIT 2324
`Oracle Corp., et al v. Crossroads Systems, Inc.
` IPR2014-01207 and IPR2014-1209
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`CROSSROADS EXHIBIT 2324
`NetApp Inc. v. Crossroads Systems, Inc.
`IPR2015-00776
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`I, Brian Bianchi, state and declare as follows:
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`1.
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`I am an employee of Crossroads Systems, Inc. I started my
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`employment with Crossroads in 1998 in the position of Software Engineering
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`Manager. I am currently in the position of Chief Operating Officer. My knowledge
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`of the facts stated here is based on my employment with Crossroads.
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`2.
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`I understand the exhibits listed in Exhibit A to this declaration are
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`being filed by Crossroads in certain proceedings before the Patent Trial and Appeal
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`Board. Regarding those exhibits:
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`a) Exhibits 2303 and 2323 (with the exception of the exhibit labels and
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`Bates label numbers) are duplicate copies of documents contained in
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`Crossroads’ patent files and kept during the ordinary course of business.
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`b) Exhibits 2307, 2308, 2309, 2312, 2314, 2316, 2317, 2318, 2319, 2320,
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`and 2321 are duplicate copies of Crossroads’ business records which
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`were created or modified during the course of the Verrazano project. I am
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`familiar with Crossroads’ practices regarding the creation, modification,
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`and keeping of such documents through my employment with
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`Crossroads, both at the time of the Verrazano project and today. Each of
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`these documents is a document created by Crossroads personnel during
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`the regular course of business. While I did not create these particular
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`documents, it was the regular practice of Crossroads’ personnel,
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`including those participating in the Verrazano project, to create such
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`records at or near the time the recorded act, event, condition, or opinion
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`occurred. It was the general practice of Crossroads’ personnel to date
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`such documents as of the date the record was created or modified. I do
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`not recall any instance in which similar documents were dated in the
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`future or the past, and have no reason to doubt the dates recorded on any
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`of these documents. Such records could only be made by someone with
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`knowledge or from information transmitted by someone with knowledge.
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`These records were kept in the course of Crossroads’ regularly conducted
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`business activity, and it is my understanding they were originally
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`delivered to Crossroads’ attorneys for the purposes of litigation.
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`3.
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`I have been in charge of, or deeply involved in, Crossroads’ patent
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`program since 2004. I am also a named inventor on multiple patent applications.
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`Based on these experiences, I have become familiar with time necessary to review
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`draft patent applications, prepare revisions and review edits—generally, with the
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`time necessary to file a completed patent application once an initial draft has been
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`received. I have become familiar with the time it takes to complete this task at
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`Crossroads for multiple inventors, including myself. During ordinary conditions—
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`i.e., a normal workload—I believe the average time between receipt of a first draft
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`of a patent disclosure to filing the final application has been around eight weeks.
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`During heavy workload periods, it is common to see this time period increase to
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`double or triple the normal time, depending on the workload. Based on my own
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`experience at Crossroads working on the “Verrazano” project, and my
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`understanding of the workload of the involved employees in the fall of 1997, it
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`does not surprise me to see that a draft patent application from counsel was
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`received in July 1997 and finally filed at the end of December 1997. This is
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`consistent with my experience at Crossroads.
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`I declare under penalty of perjury under the laws of the United States of America
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`that the foregoing is true and correct.
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`Executed on: May 2c,
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`, 2015
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`\
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`Brian Bianchj
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`EXHIBIT A
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`Title / Description
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`July 11, 1997 Letter and Draft Patent Application from Mr. Anthony
`Peterman (Baker & Botts LLP) to Mr. Geoffrey Hoese
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`(Plaintiff’s Exhibit 266 in Trial of Crossroads Systems, (Texas), Inc. v.
`Chaparral Network Storage, Inc., Docket No. A 00-CA-217 SS (W.D.
`Tex. 2001)
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`Verrazano FC-SCSI Bridge Product Overview Presentation, June 19,
`1996
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`(Plaintiff’s Exhibit 4 in Trial of Crossroads Systems, (Texas), Inc. v.
`Chaparral Network Storage, Inc., Docket No. A 00-CA-217 SS (W.D.
`Tex. 2001)
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`Verrazano Software Development, Sept. 10, 1996
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`(Plaintiff’s Exhibit 5 in Trial of Crossroads Systems, (Texas), Inc. v.
`Chaparral Network Storage, Inc., Docket No. A 00-CA-217 SS (W.D.
`Tex. 2001)
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`Verrazano: System Structure Drawings, Document Number DS04100,
`Jan. 22, 1997
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`(Plaintiff’s Exhibit 6 in Trial of Crossroads Systems, (Texas), Inc. v.
`Chaparral Network Storage, Inc., Docket No. A 00-CA-217 SS (W.D.
`Tex. 2001)
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`Verrazano Bare Board Drawings (latest revisions Sept. 3, 1997)
`CRDS 50579
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`Exhibit
`No.
`2303
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`2307
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`2308
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`2309
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`2312
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`Title / Description
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`Verrazano Enclosure Specification, Revision 2.1, June 5, 1997
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`(Plaintiff’s Exhibit 264 in Trial of Crossroads Systems, (Texas), Inc. v.
`Chaparral Network Storage, Inc., Docket No. A 00-CA-217 SS (W.D.
`Tex. 2001)
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`CP4x00 Product Specification (Preliminary)
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`(Plaintiff’s Exhibit 267 in Trial of Crossroads Systems, (Texas), Inc. v.
`Chaparral Network Storage, Inc., Docket No. A 00-CA-217 SS (W.D.
`Tex. 2001)
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`(Exhibit 10 to Deposition of Jeffry Russell, Sept. 26, 2000, taken in
`Crossroads Systems, (Texas), Inc. v. Chaparral Network Storage, Inc.,
`Docket No. A 00-CA-217 SS (W.D. Tex. 2001)).
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`Verrazano Hardware Architecture, Revision 1.0, Aug. 25, 1997
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`(Plaintiff’s Exhibit 268 in Trial of Crossroads Systems, (Texas), Inc. v.
`Chaparral Network Storage, Inc., Docket No. A 00-CA-217 SS (W.D.
`Tex. 2001)
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`(Exhibit 2 to Deposition of Jeffry Russell, Sept. 26, 2000, taken in
`Crossroads Systems, (Texas), Inc. v. Chaparral Network Storage, Inc.,
`Docket No. A 00-CA-217 SS (W.D. Tex. 2001)).
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`Verrazano: System Structure Drawings, Document Number DS04100,
`Sept. 3, 1997
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`Verrazano Software Architecture, Revision 1.1, Aug. 27, 1997
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`Verrazano Programmable Device Instructions, Version 1.1, Sept. 5,
`1997
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`Exhibit
`No.
`2314
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`2316
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`2317
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`2318
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`2319
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`2320
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`Exhibit
`No.
`2321
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`2323
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`Title / Description
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`Verrazano Component List and Insertion List Report, Sept. 29, 1997
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`December 31, 1997 Letter and Patent Application from Mr. William
`Hulsey (Baker & Botts LLP) to Mr. Dale Quisenberry
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`(Plaintiff’s Exhibit 275 in Trial of Crossroads Systems, (Texas), Inc. v.
`Chaparral Network Storage, Inc., Docket No. A 00-CA-217 SS (W.D.
`Tex. 2001)
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