`
`BEFORE THE PATENT TzuAL AND APPEAL BOARD
`
`TERREMARK NORTH AMERICA I,I C, VERTZON BUSINESS NETWORK
`SERVICES INC., VERTZON SERYICES CORP., TIME WARNER CABLE INC.,
`ICONTROL NETWORKS, INC., AND COXCOM, LLC,
`Petitioners v.
`
`JOAO CONTROL & MONITORING SYSTEMS,LLC,
`Patent Owner
`
`INTER PARTES REVIEW NO: IPR2015-01484 (Pat.1 ,277 ,470)
`
`
`
`I, Ren6 A. Vazquez, 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 Confrol & Monitoring Systems, LLC
`(hereinafter, 'TCMS") in the request for Inter Partes Review of U.S. Patent
`7,277,010 in case IPR2015-01484. I submit this declaration in opposition to
`
`PEtitioners Terremark Norttr America LLC , et al .' s Motion to Recog rize June 23 ,
`
`2Ol5 as Filing Date of Petition for Inter Partes Review of U.S. Patent 7 277 PlO
`
`("the '010 petition") in case IPR2015-01484.I have knowledge of the facts set forth
`
`in this declaration and could and would competently testify to the facts stated
`
`herein.
`2. On June 23,}Al4,Verizon Communications, [nc. was served with a
`
`Complaint atleging infringement of the '010 Patent. See JCMS v.Terremark North
`
`America LLC,C.A. No. 14-525-GMS, D.I. 5 (D. Del.X"Proof of Service," attached
`
`hereto as Exhibit 2002).
`3. After service, by stipulation of the parties, Petitioner Terremark Norttt
`
`America LLC was substituted as a defendant in place of Verizon Comrnunications
`
`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 lnc. See JCMS v. Terrem,srk North America LLC, C.A. No. 14-
`
`525-GMS, D.I. 10 (D. Del. 2014)(Terremark's Rule 7.1 Disclosure Statement,
`
`Page 2 of 5
`
`Patent Owner JCMS's Exhibit No. 2001
`IPR201 5-0 1484 (Pat. 1,27 7 910)
`
`
`
`attached hereto as Exhibit 2m3). Petitioners here have identified Verizon
`
`Communications Inc. as a real parl.y in interest to the present petition. Paper 2 atL.
`4. On June 23,2Al4,Petitioner Time Wamer [nc. was also served with a
`Complaint alleging infringement of the '010 Patent. See JCMS, LLC v. Time
`
`Warner, Inc., C.A. No. L4-524-GMS, D.I. 5 (D. Del.)("koof of Service," attached
`
`hereto as Exhibit 2005).
`5. The USPTO's Public PAIR records show that the "AttorneylAgent"
`for the '010 Patent is Mr. Raymond Joao. The same record provides Mr. Joao's
`
`correspondence address and telephone number.
`6, As of June 23,2At5,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 from 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 an email
`dated August ll,20l5 from Petitioners' counsel Megan Woodworth to me.
`8. Attached hereto as Exhibit 2A07 is a ffue and correct copy of the PDF
`
`attachment to Ms. Woodworth's August Lt,2AI5 email. The attachment is entitled
`
`"Pl-#105740-v1{10-petition*v2.pdf ." Ms. Woodworth's email indicates that this
`
`attachment'*is a copy of the petition that was uploaded." App. 5.
`
`Page 3 of 5
`
`Patent Owner JCMS's Exhibit No. 2001
`IPR20 I 5-0 I 484 (Pat. 7,27 7,Arc)
`
`
`
`9. Attached hereto as Exhibit 2008 is a tme and correct copy of an ex
`
`parte email from Petitioners' counsel Jackson Ho to trials@uspto.gov dated June
`
`30,2015.
`10. Patent Owner did not discover that Petitioners' originally-filed
`
`Certificate of Service was false until my colleague took the tracking number on the
`
`box sent to Mr- Joao and looked it up in FedEx's package tracking system.
`11. Attached hereto as Exhibit 2A09 is a tnre and correct copy of an email
`
`I sent to Petitioners' counsel Clay Holloway on July 17,2A15, inquiring about the
`
`accuracy of Petitioners' certificates of service.
`
`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
`
`further that these 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 United States Code.
`
`Page 4 of 5
`
`Patent Owner JCMS's Exhibit No. 2001
`IPR201 5-0 1484 {Pat. 7 277,0rc)
`
`
`
`Rend A. Vazquez
`Heninger Garrison Davis LLC
`Date: August 19,2Ol5
`
`Page 5 of 5
`
`Patent Owner JCMS's Exhibit No. 2001
`IPR20 I 5-0 1484 (Pat. 7,277 PIO)
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
