UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`Unified Patents Inc.,
`Petitioner
`v.
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`C-CATION TECHNOLOGIES, LLC,
`Patent Owner
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`
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`IPR2015- _____
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`Patent 5,563,883
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`____________
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`PETITIONER’S VOLUNTARY INTERROGATORY RESPONSES
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`Page 1 of 8
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`PETITIONER'S EXHIBIT 1020
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`Unified Patents Inc.,
`Petitioner
`v.
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`C-CATION TECHNOLOGIES, LLC,
`Patent Owner
`
`
`
`IPR2015- _____
`
`Patent 5,563,883
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`____________
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`PETITIONER’S VOLUNTARY INTERROGATORY RESPONSES
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`Page 1 of 8
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`PETITIONER'S EXHIBIT 1020
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`Petitioner, Unified Patents Inc., provides the following voluntary interrogatory
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`responses.
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`DEFINITIONS
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`A. ’883 PATENT means U.S. Patent No. 5,563,883.
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`B. COMMUNICATIONS means the transmission or receipt of information of
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`any kind through any means (e.g., email, text message, voicemail, audio,
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`computer readable media, or orally).
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`C. MEMBER means any company that participates in UNIFIED’S solution and
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`MEMBERS means all such companies.
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`D. IPR means inter partes review
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`E. THE INSTANT IPR means this proceeding.
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`F. PETITION means the petition, including the exhibits thereto, for THE
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`INSTANT IPR.
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`G. UNIFIED means Unified Patents, Inc. and includes any shareholder, officer,
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`director, employee, agent, representative, privies, intermediaries or other
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`individual authorized to act on behalf of Unified Patents, Inc.
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`H. USPTO means the United States Patent and Trademark Office.
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`1
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`Page 2 of 8
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`PETITIONER'S EXHIBIT 1020
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`RESPONSES TO INTERROGATORIES
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`INTERROGATORY NO. 1:
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`Identify any COMMUNICATIONS between UNIFIED and any entity other than its
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`counsel relating to the financing, preparation, editing, prior review, or approval of the
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`PETITION.
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`RESPONSE NO. 1:
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`Unified Patents states that no such communications exist.
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`Unified Patents states that it was founded by intellectual property professionals
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`over concerns with the increasing risk of non-practicing entities (NPEs) asserting
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`poor quality patents against strategic technologies and industries. The founders thus
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`created a first-of-its-kind company whose sole purpose is to deter NPE litigation by
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`protecting technology sectors, like content delivery, the technology at issue in the ‘883
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`patent. Companies in a technology sector subscribe to Unified’s technology specific
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`deterrence, and in turn, Unified performs many NPE-deterrent activities, such as
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`analyzing the technology sector and monitoring patent activity (including patent
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`ownership and sales, NPE demand letters and litigation, and industry companies).
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`Unified’s monitoring activities allow Unified to identify patents, perform prior art
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`research, analyze invalidity, and to sometimes file reexams or IPRs against some
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`patents.
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`2
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`Page 3 of 8
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`PETITIONER'S EXHIBIT 1020
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`Unified states that it has sole and absolute discretion over its decision to
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`contest patents through the USPTO’s post-grant proceedings. Based on its own
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`analysis, Unified determines which patents are worth pursuing in terms of searching
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`for prior art or taking action, including filing an IPR. Unified’s decisions to file an
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`IPR are made independently without the input, assistance or approval of its
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`MEMBERS. Should Unified decide to challenge a patent in a post-grant proceeding,
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`Unified controls every aspect of such a challenge, including controlling which patent
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`and claims to challenge, which prior art to apply and the grounds raised in the
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`challenge, and when to bring any challenge.
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`MEMBERS receive no prior notice of Unified’s patent challenges. After filing
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`a post-grant proceeding, Unified retains sole and absolute discretion and control over
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`all strategy decisions (including any decision to continue or terminate Unified’s
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`participation). Unified is also solely responsible for paying for the preparation, filing,
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`and prosecution of any post-grant proceeding, including any expenses associated with
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`the proceeding.
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`In THE INSTANT IPR, Unified exercised its sole discretion and control in
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`deciding to file this PETITION against the ‘883 patent, including paying for all fees
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`and expenses. Unified shall exercise sole and absolute control and discretion of the
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`continued prosecution of this proceeding (including any decision to terminate
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`Unified’s participation) and shall bear all subsequent costs related to this proceeding.
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`3
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`Page 4 of 8
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`PETITIONER'S EXHIBIT 1020
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`INTERROGATORY NO. 2: Identify any individuals acting for or on behalf of
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`any entity other than UNIFIED’S counsel that participated or assisted in any way with
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`the financing, preparation, editing, prior review, approval, or filing of the PETITION.
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`RESPONSE NO. 2:
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`Unified states that no such individuals exist. Unified further states that no
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`individuals other than Unified employees and its counsel had any prior knowledge of
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`the filing of THE INSTANT IPR.
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`As stated in response to Interrogatory No. 1, in the instant proceeding, Unified
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`exercised its sole discretion and control in deciding to file this petition against the ‘883
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`patent, including paying for all fees and expenses. Unified shall exercise sole and
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`absolute control and discretion of the continued prosecution of this proceeding
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`(including any decision to terminate Unified’s participation) and shall bear all
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`subsequent costs related to this proceeding.
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`Unified further states that its MEMBERS do not get to participate in any way
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`in Unified’s deterrent activities. Unified does not receive input from its members, nor
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`give them an opportunity to participate or an opportunity to even know that Unified
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`is contemplating filing an IPR before the IPR is filed. In the instant proceeding, none
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`of Unified’s MEMBERS had any prior knowledge of, or involvement in, the
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`preparation and filing of the INSTANT IPR.
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`4
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`Page 5 of 8
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`PETITIONER'S EXHIBIT 1020
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`INTERROGATORY NO. 3:
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`Identify payments by any entity to UNIFIED relating to the financing of the
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`INSTANT IPR.
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`RESPONSE NO. 3:
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`Unified states that no such payments exist.
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`Unified states that its MEMBERS pay only a yearly subscription fee to a
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`specific technology zone, and in return, Unified performs its many NPE-deterrent
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`activities. Unified’s MEMBERS do not pay any fees designated for IPRs, let alone for
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`IPRs against specific patents. It is Unified and Unified alone that determines how to
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`spend its money. Unified independently selects which patents to target based on the
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`perceived deterrent value to a technology zone. Based on its own analysis, Unified
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`determines which patents are worth pursuing in terms of filing an IPR or performing
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`some other activity. Unified’s decisions to file an IPR are made independently
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`without the input, assistance, or approval of its MEMBERS. Unified states that there
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`are no explicit or implicit agreements with its MEMBERS about Unified’s performing
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`any particular deterrent strategy, including the INSTANT IPR.
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`//
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`//
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`//
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`//
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`5
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`Page 6 of 8
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`PETITIONER'S EXHIBIT 1020
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`Unified Patents Inc.
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`Linda J. Thayer, Reg. No. 45,681
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P.
`Two Seaport Blvd, 6th Floor
`Boston, MA 02210-2001
`617-646-1600
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`6
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`By:
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`Page 7 of 8
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`PETITIONER'S EXHIBIT 1020
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`VERIFICATION
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`I, Kevin Jakel, state that I am CEO of Unified Patents Inc., and that I am
`authorized to make this verification for and on its behalf. I certify that I have read the
`foregoing Interrogatory responses, and that the responses are true and accurate to the
`best of my own knowledge, information and belief. Further, I make this verification
`with the knowledge that willful false statements and the like so made are punishable
`by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States
`Code and that such willful false statements may jeopardize the results of these
`proceedings.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`By: ____________________
`Kevin Jakel
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`7
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`Page 8 of 8
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`PETITIONER'S EXHIBIT 1020
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