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`Sony Corp. v. Raytheon Co.
`IPR2015-01201
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`the record keeping policies and procedures of Raytheon.
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`3.
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`I understand that Raytheon acquired Hughes Aircraft Company
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`(“Hughes”) in 1997.
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`I further understand that as part of that acquisition, Raytheon
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`acquired certain patents, including U.S. Patent No. 5,591,678 (“the ’678 Patent”), as
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`well as certain documents related to the ’678 Patent and to Hughes’ research and
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`development (“R&D”) programs. Documents related to Hughes’ R&D programs
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`include Independent Research and Development (“IR&D” or “IRAD”) Technical
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`Plans, white papers, and lab notebooks. Raytheon’s SAS division has internal
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`responsibility within Raytheon for these R&D documents and the ’678 Patent.
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`4.
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`Based on my work at Raytheon, I have learned, and I understand, that
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`the records from Hughes’ R&D programs, including the IRAD documents, white
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`papers, and lab notebooks, were generated and maintained as a practice in the
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`ordinary course of Hughes’ business.
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`I further understand that Raytheon has
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`maintained these materials in the ordinary course of its business since the 1997
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`acquisition of Hughes by Raytheon.
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`5.
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`In the course of Raytheon’s discovery investigation related to Civil
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`Action Nos. 2:15-CV—341-JRG-RSP and 2:15-CV-342-JRG-RSP, both pending in
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`the United States District Court for the Eastern District of Texas, I requested that the
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`Office of Records Management collect the IRAD documents, project proposal, and
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`lab notebook that are listed in Appendix A to this declaration.
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`Raytheon2047-0002
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`Raytheon2047-0002
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`6.
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`I understand that these particular IRAD documents, white paper, and
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`lab notebook have been stored at an Iron Mountain facility both prior to, and
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`subsequent to, Raytheon’s acquisition of Hughes.
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`I requested that Iron Mountain
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`provide a custody report for these documents, which is attached hereto as Exhibit
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`2044. According to this report, the boxes in which I found the documents listed in
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`Appendix A have been maintained at this Iron Mountain facility since at least as
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`early as 1999.
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`7.
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`The Office of Records Management provided me with the original
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`copies of these documents.
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`I thereafter provided copies of these documents to
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`Raytheon’s attorneys at Steptoe & Johnson, LLP.
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`I presently maintain physical
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`custody of these original documents at my office at Raytheon’s headquarters in
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`Waltham, Massachusetts.
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`8.
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`Also in the course of Raytheon’s discovery investigation related to the
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`Eastern District of Texas lawsuits, I requested that SAS’s Patent Department
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`collected the invention disclosure documents that are described in Appendix A to
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`this declaration.
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`9.
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`I understand that these invention disclosure documents were stored by
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`Hughes’ patent department prior to Raytheon’s acquisition of Hughes and have been
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`stored by Raytheon’s Patent Department since the acquisition.
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`10.
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`Based on my work at Raytheon, I have learned, and I understand, that
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`Raytheon2047-0003
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`Raytheon2047-0003
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`the invention disclosure records from Hughes, including the invention disclosure
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`documents attached hereto, were generated and maintained as a practice in the
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`ordinary course of Hughes’ business.
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`I further understand that Raytheon has
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`maintained these materials in the ordinary course of its business since the 1997
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`acquisition of Hughes by Raytheon.
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`11.
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`I a1n familiar with the documents listed in Appendix A to this
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`declaration.
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`I have compared these exhibits to the original documents, of which I
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`presently maintain physical custody, as noted above, and each of these documents is
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`a true and accurate duplicate of these documents as they have been maintained by
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`Hughes and Raytheon, with the caveat that Raytheon’s attorneys have added a
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`confidentiality stamp at the top of each page (“HIGHLY CONFIDENTIAL —
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`ATTORNEYS’ EYES ONLY”) and have added a Bates number at the bottom of
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`each page (e.g., “RAYOOOOO176”).
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`Raytheon’s attorneys have also added
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`additional
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`language at
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`2036
`the bottom Exhibits 2010 through 2014, and 2036,
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`in
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`accordance with International Traffic in Arms Regulations requirements: “This
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`document contains Technical Data controlled under the International Traffic in Arms
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`Regulations (ITAR) and may not be exported, reexported, temporarily imported,
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`transferred, or retransferred to any non-U.S. person, country or entity, by any means,
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`without the appropriate approval of the U.S. Department of State, Directorate of
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`Defense Trade Controls.” With these caveats, I certify that the documents listed in
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`Raytheon2047-0004
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`Raytheon2047-0004
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`Appendix A to this declaration are true and accurate copies of the original writings
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`maintained by Hughes and Raytheon since their creation.
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`I declare under the penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct.
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`Date: Marchi, 2016
`
`'
`
`4
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`William H. Mclnnis
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`Raytheon2047-0005
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`Raytheon2047-0005
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`APPENDIX A
`
`2009
`
`2010
`
`2011
`
`Exhibit Description
`Hughes Aircraft Invention Disclosure: Thermal Expansion Material
`2008
`(TEM) Readout Chips, dated Aug. 8, 1990 “1990 Invention
`Disclosure” – [Bates numbered RAY00000176-184]
`[PROTECTIVE ORDER MATERIAL - SEALED]
`Hughes Aircraft Invention Disclosure: One step method of
`transferring thin film devices onto alternate substrates,dated Nov.
`11, 1992, “1992 Invention Disclosure”– [Bates numbered
`RAY00000185-88] [PROTECTIVE ORDER MATERIAL -
`SEALED]
`Hughes Aircraft Independent Research and Development Technical
`Plan 1991, Vol. 3 “1991 IRAD” (excerpts) – [Bates numbered
`RAY00004572-5004] [PROTECTIVE ORDER MATERIAL
`(ITAR)- SEALED]
`Hughes Aircraft Independent Research and Development Technical
`Plan 1991, Vol. 3 “1992 IRAD” (excerpts) – [Bates numbered
`RAY00005005-5424] [PROTECTIVE ORDER MATERIAL
`(ITAR) - SEALED]
`Hughes Aircraft 1991 IR&D Technical Plan, “1991 IRAD
`Appendices (Distribution List)” (excerpts) – RAY00007358-7651]
`[PROTECTIVE ORDER MATERIAL – (ITAR) - SEALED]
`Hughes Aircraft 1992 IR&D Technical Plan, “1992 IRAD
`Appendices (Distribution List)” (excerpts) – [Bates numbered
`RAY00007652-7941] [PROTECTIVE ORDER MATERIAL
`(ITAR) - SEALED]
`Lab Notebook No. LN1260 of Joe Bendik, dated Jan. 15, 1992
`[PROTECTIVE ORDER MATERIAL (ITAR) SEALED]
`Hughes Aircraft Technology Center, Monolithic 3-D Packaging
`Approach Applied to WSI Associative String Processor (WASP),
`“1990 Research Proposal and White Paper” [PROTECTIVE
`ORDER MATERIAL (ITAR) - SEALED]
`Iron Mountain Record Center: Raytheon Company Box Nos.
`71123591, 71123587
`
`2012
`
`2013
`
`2014
`
`2036
`
`2044
`
`
`Raytheon2047-0006
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`1