`
`BE.FORE THE PATENT TRIAL AND APPEAL BOARD
`
`TERREMARKNORTH AMERICA LLC, VERIZON BUSINESS NETWORK
`SERVICES INC., VERIZON SERVICES CORP., TIME WARNER CABLE
`INC., ICONTROL NETWORKS, INC., AND COXCOM, LLC,
`Petitioners
`V.
`
`JOAO CONTROL & MONITORING SYSTEMS, LLC,
`Patent Owner
`
`Case: IPR2015-01478
`Patent 6,542,076
`
`DECLARATION OF RENE A. VAZQUEZ
`
`JCMS - Exhibit200L
`
`
`
`I, Rend A.Yazquez, declare as follows:
`1.
`
`I am a lawyer at the law firm of Heninger, Garrison Davis,LLC.I am back-
`
`up counsel for Patent Owner Joao Control & Monitoring Systems, LLC ("JCMS")
`
`in the request for Inter Partes Review of U.S. Patent 6,542,A76 ("the'076 Patent")
`in case IPR20l5-01478. I submit this declaration in support of Patent Owner's
`
`position that the June23,2015 filing date accorded to the Petition for Inter Partes
`
`Review of U.S. Patent 6,542,076 ("the '076 Petition") in case IPR2015-01478 is
`
`incorrect, and that the filing date that should have been accorded to the '07 6
`
`Petition is June 24,2015. I have knowledge of the facts set forth in this declaration
`
`and could and would competently testifr to the facts stated herein.
`
`2. On June 23, 2014, Verizon Communications, Inc. was served with a
`
`Complaint alleging infi'ingement of the'076 Patent. See JCMS, LLC v. Terremark
`
`North AmericaLLC, C.A. No. L4-525-GMS, D.I. 5 (D. Del.)("Proof of Service,"
`
`attached hereto as Exhibit 2002).
`3. After service, by stipulation of the parties, Petitioner Terremark North
`
`AmericaLLC was substituted as a defendant in place of VerizonCommunications
`
`Inc. Id. at D.I. 11 (Stipulation attached hereto as Exhibit 2004). Petitioner
`Terremark North America LLC is a wholly-owned subsidiary of Verizon
`
`Communications Inc. See JCMS, LLC v. Terremark North America LLC, C.A.
`No. L4-525-GMS, D.I. l0 (D. Del. 2}14)(Terremark's Rule 7 .l Disclosure
`
`JCMS - Exhibit 2001
`
`
`
`Statement, attached hereto as Exhibit 2003). Petitioners
`
`here have identified
`
`Verizon Communications Inc. as a real party in interest to
`
`the present the '076
`
`Petition. Paper 2 at2.
`
`4. On June 23, 2014, Petitioner Time Warner Inc. was also served with a
`
`Complaint alleging infringement of the '076 Patent. See JCMS, LLC v. Time
`
`Warner, lnc., C.A. No. L4-524-GMS, D.I. 5 (D. Del.)("Proof of Service," attached
`
`hereto as Exhibit 2005).
`5. The IISPTO's Public PAIR records show that the "Attorney/Agent" for the
`'07 6 Patent is Mr. Raymond Joao. The same record provides Mr. Joao's
`
`correspondence address and telephone number.
`6. As of June 23,2015, I did not represent and had never represented JCMS,
`
`LLC in connection with any proceedings before the USPTO. Moreover, as of June
`
`23, 2015, no one fi'om either Heninger Garrison Davis LLC or Stamoulis &
`
`Weinblatt had ever represented JCMS, LLC in connection with any proceedings
`
`before the USPTO.
`7. Attached hereto as Exhibit 2006 is a true and corect copy of the ll.S.P.S.
`
`trackin g data demonstrating service of IPR2- 15-0 1482,IPR2015-01485 and
`
`IPR2015-01486 via Priority Mail Express to the Patent Owner on June 24, 2015.
`8. Attached hereto as Exhibit 2007 is atrue and correct copy of the FedEx
`
`tracking data demonstrating service of lPR2015-0 L466,IPR201 5-0 1477 ,
`
`3
`
`JCMS - Exhibit 2001
`
`
`
`IpR20 1 5 -0 147 g and IpR20 I 5 -0 1484 via FedEx to the Patent owner on June 24,
`
`2015.
`g. patent Owner did not discover that Petitioners' originally-tiled Certificate
`
`of Service was false until my colleague took the tracking number on the FedEx
`
`box sent to Mr. Joao and looked it up in FedEx's package tracking system.
`10. Attached hereto as Exhibit 2008 is a true and correct copy of an email I sent
`
`to petitioners' counsel Clay Holloway on July 17,2015, inquiring about the
`
`accuracy of Petitioners' certificates of service.
`1 1 . Attached hereto as Exhibit 2009 is a true and correct copy of an email dated
`
`June 23,2015 from Petitioners' counsel Megan Woodworth to Patent Owner's
`
`counsel Rene A. Y azqlJez.
`
`I declare that all statements made herein of my own knowledge are true and
`
`that all statements made on information and belief are believed to be true; and fuither
`
`thatthese statements were made 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 ljnited States Code.
`
`4
`
`JCMS - Exhibit 2001
`
`
`
`Ren6 A. Yazquez
`Henninger Garrison Davis LLC
`
`Date: /u /z
`
`-
`
`Page 5 of 7
`
`JCMS - Exhibit2}}I
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