`
`BEFORE THE PATENT TRIALAND APPEAL BOARD
`
`CERAMTEC GMBH
`
`Petitioner
`
`V.
`
`CERAMEDIC LLC
`
`Patent Owner
`
`Case IPR2015-00398
`
`U.S. Patent No. 6,066,584
`
`TITLE: SINTERED AL20 3 MATERIAL, PROCESS FOR ITS PRODUCTION
`AND USE OF THE MATERIAL
`
`Issue Date: May 23, 2000
`
`DECLARATION OF DR. FRANZ UPPENA
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`41663377.1
`
`Exhibit 2313 Page 001
`
`CeraMedic Ex. 2313
`CeramTec GmbH v. CeraMedic LLC
`Case IPR2015-01328
`
`
`
`Case IPR2015-00398
`U.S. Patent No. 6,066,584
`
`I, Dr. Franz Uppena, hereby declare as follows:
`
`1.
`
`I am
`
`the Head of Patents and Trademarks for CeramTec GmbH
`
`("CeramTec"), the Petitioner in inter partes review Nos. 2015-00398 and
`
`2015-00424 (the "Petitions for IPR"). I am over 18 years of age and I make
`
`this declaration based on my own personal knowledge.
`
`2.
`
`CeramTec manufactures and sells ceramic components used in medical
`
`implants. CeramTec sells these ceramic components to medical device
`
`companies that incorporate the components into medical implants. These
`
`medical device companies include the following CeramTec customers:
`
`Biomet, Zimmer, DePuy 01thpaedics, and Smith & Nephew ("CeramTec
`
`Customers").
`
`3.
`
`CeraMedic sued the CeramTec Customers for infringement of the patent
`
`subject to the two Petitions for IPR (the "Customer Lawsuits"). CeraMedic
`
`accuses the Customers of infringing through the manufacture and sale of
`
`implants using CeramTec ceramic components. CeraMedic served the first
`
`ofthe Customer Lawsuits on July 1, 2014.
`
`4.
`
`CeraMedic also sued CeramTec for infringement of the samepatent subject
`
`to the two Petitions for IPR (the "CeramTec Lawsuit"). CeraMedic filed the
`
`complaint in the current CeramTec Lawsuit on October 17, 2014.
`
`41663377.1
`
`2
`
`Exhibit 2313 Page 002
`
`CeraMedic Ex. 2313
`CeramTec GmbH v. CeraMedic LLC
`Case IPR2015-01328
`
`
`
`Case IPR2015-00398
`U.S. Patent No. 6,066,584
`
`5.
`
`CeramTec has agreed to indemnify and defend its Customers in the patent
`
`infringement dispute raised by CeraMedic in the Customer Lawsuits.
`
`In
`
`these agreements, CeramTec did not give any of its Customers the right to
`
`control the patent dispute with CeraMedic.
`
`6.
`
`CeramTec has used lawyers from Nmion Rose Fulbright (formerly known as
`
`Fulbright & Jaworski) as its US patent counsel for many years. CeramTec
`
`selected Norton Rose Fulbright as
`
`its counsel for the dispute with
`
`CeraMedic. Norton Rose Fulbright also represents the Customers in the
`
`Customer lawsuits. CeramTec pays alllegal fees and expenses related to the
`
`CeramTec Lawsuit, the Customer Lawsuits, and the Petitions for IPR. The
`
`Customers do not pay any of the legal fees or expenses related to the dispute
`
`with CeraMedic, including for the Petitions for the IPR or any subsequent
`
`proceedings.
`
`7.
`
`CeramTec has not been indemnified by its Customers or any third party in
`
`connection with the patent dispute raised by CeraMedic.
`
`8.
`
`CeramTec instructed Nm·ton Rose Fulbright to prepare and file the Petitions
`
`for IPR. The Customers were not involved in the decision to prepare and
`
`file the Petitions for IPR, but were informed of the decision and provided
`
`copies ofthe petitions only after each was filed. Only CeramTec and Nmion
`
`41663377. 1
`
`3
`
`Exhibit 2313 Page 003
`
`CeraMedic Ex. 2313
`CeramTec GmbH v. CeraMedic LLC
`Case IPR2015-01328
`
`
`
`Case IPR2015-00398
`U.S. Patent No. 6,066,584
`
`Rose Fulbright selected the prior art and were involved in the substantive
`
`preparation of the Petitions for IPR.
`
`9.
`
`CeramTec has the exclusive right to direct and exerc1se control of its
`
`involvement in the IPR and was exclusively involved in the preparation,
`
`filing, and subsequent activity of the Petitions for IPR. Customers have not
`
`directed or exercised control over CeramTec's handling of the IPR, nor do
`
`the Customers have the right to direct or exercise control over the Petitions
`
`for IPR filed and prosecuted by CeramTec.
`
`1 0.
`
`I declare further that all Statements made herein are true and further that
`
`these statements were made with the knowledge that willful false Statements
`
`and the like so made are punishable by fine, imprisonment, or both, under
`
`Section 1001, Title 18, United States Code, and that willful false statements
`
`may jeopardize the validity of any claim that is the subject of this
`
`reexamination.
`
`Executed on April <lf, 2015.
`
`Dr. Franz Uppena
`
`41663377.1
`
`4
`
`Exhibit 2313 Page 004
`
`CeraMedic Ex. 2313
`CeramTec GmbH v. CeraMedic LLC
`Case IPR2015-01328
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