Privileged & Confidential / Attorney Work Product
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________________
`
`TERREMARK NORTH AMERICA LLC, VERIZON COMMUNICATIONS,
`INC., VERIZON SERVICES CORP., TIME WARNER CABLE INC.,
`ICONTROL NETWORKS, INC. AND COXCOM, LLC,
`Petitioners
`
`v.
`
`JOAO CONTROL & MONITORING SYSTEMS, LLC,
`Patent Owner
`
`____________________
`
`INTER PARTES REVIEW NO: IPR2015-01486
`____________________
`
`MOTION TO RECOGNIZE JUNE 23, 2015 AS FILING DATE OF PETITION
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,549,130
`
`
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`
`I.
`
`Statement of Precise Relief Requested
`
`Pursuant to 37 C.F.R. § 42.104 and 37 C.F.R. § 42.5, Petitioners Terremark
`
`North America LLC, et al. respectfully request that the Patent Trial and Appeal
`
`Board (“the Board”) recognize Petitioners’ Petition for Inter Partes Review of U.S.
`
`Patent No. 6,549,130 and Exhibits as being filed on and assign a filing date of June
`
`23, 2015, the date on which Petitioners, in the absence of technical issues, would
`
`have successfully transmitted the Petition and its exhibits to the Board. Pursuant to
`
`instructions from a PTAB paralegal on July 14, 2015, Petitioners informed Patent
`
`Owner of these facts and requested consent to obtain the earlier filing date. Patent
`
`Owner does not consent.
`
`II.
`
`Statement of Facts Showing Good Cause for the Board to
`Authorize Filing of Petition for Inter Partes Review and Exhibits on
`June 23, 2015
`
`On June 23, 2015, at approximately 10:45 PM Eastern Time, Natasha
`
`Robinson Kilpatrick Townsend’s lead and most experienced paralegal for IPR
`
`filings, having filed approximately 30 IPR petitions, logged into PRPS via the
`
`“Direct Link” available at: https://ptabtrials.uspto.gov/ and attempted to upload
`
`documents.1 Ex. 1 at ¶¶ 1-4. At that time, Ms. Robinson was provided with final
`
`
`1 A declaration from Natasha Robinson (“Robinson Decl.”) attesting to the
`
`circumstances surrounding the filing is submitted herewith as Ex. 1. Evidence in
`
`
`
`2
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`versions of three petitions, exhibits, powers of attorneys, and payment means. Id. at
`
`¶ 3-4, 9. While trying to upload the exhibits to the petitions, PRPS would timeout
`
`and freeze. Id. at ¶ 4. In all, it took approximately seven hours to fully upload the
`
`exhibits to the corresponding petitions. Id. at ¶ 9-11.
`
`Each time a document was being uploaded, the system would display the icon
`
`for processing and after waiting a minute or more, the upload would stop, requiring
`
`Ms. Robinson to navigate back in the system to the page where Real Parties in
`
`Interest were identified. Id. at ¶ 4, 6-7. From this page, the petition would still be
`
`shown as loaded but the attempted exhibit would have to be resubmitted. Id. at ¶ 6.
`
`After repeated attempts and realizing the system was apparently malfunctioning,
`
`Ms. Robinson began taking screenshots to illustrate the “pending” status during the
`
`filing process. Id. at ¶ 5-7. Ms. Robinson continuously encountered the following
`
`timeouts, shown in this first screenshot taken at 11:50p.m. EST after about an hour
`
`of experiencing this issue. Id. at ¶ 5-7:
`
`
`(continued…)
`support of the declared facts are provided as Attachments A through B to the
`
`
`
`Robinson Decl.
`
`
`
`3
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`
`
`
`The first Petition for IPR (i.e., IPR2015-01482) was indicated as “pending”
`
`by PRPS on June 23, 2015. From the time of logging in at approximately 10:45
`
`EST, no document was changed in size or format. Id. at ¶ 4, 9. Ms. Robinson
`
`repeatedly tried to determine why the system was taking so long to receive each
`
`exhibit for the first petition and began to document the error at 11:50 p.m., realizing
`
`the first petition and exhibits would not be completely uploaded by midnight. The
`
`three petitions were done in a series order to avoid having to reload any previously
`
`submitted exhibits. Id. at ¶ 7. Thus, the second petition (i.e., IPR2015-01485) and
`
`third petition (i.e., IPR2015-01486) could not be filed until the first filing was
`
`completed. Id.
`
`Late on the 23d and early on the 24th, Ms. Robinson sent various emails,
`
`attached to the Robinson Decl. as Attachment A, to Trials@uspto.gov and PTAB
`
`
`
`4
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`
`Paralegal Althea Wilburn confirming the various attempts made to upload
`
`documents, confirmation of Petitioners’ intention to continue to upload and file the
`
`documents even though PRPS continuously experienced timeouts, and a request to
`
`be awarded the filing date of June 23, 2015. Id. at ¶ 8. Further, in the early
`
`morning of June 24, 2015, Ms. Robinson reached out to PTAB paralegal Althea
`
`Wilburn to confirm receipt of the emails demonstrating the technical difficulties,
`
`the complete filing of the Petition which took until early morning to complete the
`
`various filings and request further instructions as to what is necessary to recognize
`
`and be awarded the June 23, 2015 filing date of the Petition. Id. at ¶ 12.
`
`Ms. Wilburn indicated that she had received Ms. Robinson’s emails from the
`
`period when uploading was repeatedly failing and indicated that Petitioners would
`
`need to file a motion with PTAB outlining the facts and circumstances leading to
`
`the failed uploading because of the PRPS system. Id. at ¶ 12. Petitioners compiled
`
`the necessary information and emailed PTAB to request the appointment of a panel
`
`for the purposes of seeking to file a motion on June 25, 2015. Id. at Ex. 2.
`
`III. PTAB Has the Authority In These Circumstances to Recognize the
`Filing Date for this Inter Partes Review as June 23, 2015.
`
`The Board has used 37 C.F.R. § 42.104 and § 42.5 in similar and other
`
`circumstances involving submission using PRPS to afford a different filing date of
`
`inter partes review petitions from provisional dates under its discretion. The Board
`
`has noted that 37 C.F.R. § 42.104 “is remedial in nature and is therefore entitled to
`5
`
`
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`liberal interpretation.” ABB, Inc. v. ROY-G-BIV Corp., IPR2013-63 (Paper No. 21
`
`at 7, Jan. 16, 2013). The PTAB has corrected filing dates for PRPS technical
`
`errors. E*Trade Financial Corp. v. Droplets, Inc., IPR2105-00470; 00471; paper
`
`no. 17 (Apr. 20, 2015).
`
`In ConMed Corp. v. Bonutti Skeletel Innovations LLC, IPR2013-624, 2014
`
`WL 1101709 (PTAB Feb. 2, 2014), the process for filing the petition was not
`
`completed until after the statutory bar date. The Board, however, granted the
`
`petitioner’s motion to accord the petition a filing date before the bar date. The
`
`petitioner explained that the IPR petition had been loaded before the bar date but
`
`“Submit” was not pressed to complete the petition process until after the bar date.
`
`See Ex. 3, Summons for Complaint in Underlying Litigation. In correcting the
`
`filing date, the Board reasoned that the petition and its supporting materials were
`
`ready for submission before the bar date. ConMed at * 2.
`
`In Oracle Corp. v. Maz Encryption Tech. LLC, IPR2014-472, Paper No. 9
`
`(May 1, 2014), petitioner did not complete the filing process on the date it
`
`attempted to complete the filing. The Oracle petitioner was unable to upload the
`
`exhibits because the PRPS was not functioning properly. Like in ConMed, the
`
`Board corrected the filing date to recognize the date the filing was attempted, rather
`
`than completed, in view of PRPS malfunction.
`
`Here, Petitioners attempted to file the petitions on June 23, 2015, the date on
`
`
`
`6
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`which the petitions and exhibits were finalized and ready for filing. Petitioners
`
`would have been successful in completing the filing process on June 23, 2015 had
`
`the PRPS functioned properly.
`
`From beginning the process for uploading exhibits for the Petition at
`
`approximately 10:45 EST, through ultimately completing the upload of all exhibits
`
`in the three petitions affected by this malfunction, no changes or alterations were
`
`made to the exhibits and documents. Ex. 1 at ¶ 9. Requiring nearly seven hours to
`
`upload the documents, when the documents are properly formatted and sized,
`
`evidences technical issues with the PRPS system. Similarly, the account selected
`
`for payment within the PRPS system for the filing fees associated with the petitions
`
`possessed sufficient funds and Petitioners encountered no error during payment. Id.
`
`at ¶ 4.
`
`Like ConMed the Petitions and exhibits were in a condition for submission
`
`before the statutory bar date. If not for the PRPS error, the filing process would
`
`have been completed before the statutory bar date. Like Oracle, the Petitions were
`
`unable to be filed because PRPS was not functioning properly. In view of the
`
`problems experienced with PRPS, and in view of ConMed and Oracle, the Board
`
`should accord the Petitions a June 23, 2015 filing date, the date on which
`
`Petitioners attempted to file finalized Petitions and exhibits.
`
`Just as in Oracle, Petitioners attempted to document in real-time the
`
`
`
`7
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`persistent malfunction being encountered during the upload of exhibits. See, IPR
`
`2014-00472, Paper No. 6; Ex. A at ¶ 5-8. Petitioners began to notify PTAB and
`
`personnel immediately of the issues and intention to complete filings despite the
`
`failure of PRPS to receive properly formatted documents. Ex. 1 at ¶ 8. As soon as
`
`upload was complete, and in accordance with the rules for service, complete service
`
`copies of the Petition were also sent to the Patent Owner by Express Mail upon
`
`confirmation that the petitions had been finally uploaded to PRPS. Id. at ¶ 11. A
`
`copy of the Express Mail receipt is included as Attachment B to the Robinson Decl.
`
`The certificates of service for the petitions indicates placing in the mail on June 23,
`
`2015, as they would have been but for the PRPS error. Because of the Petitioners
`
`intent to request correction of the filing date based on clerical and technical errors,
`
`Petitioners have not changed the certificates of service.
`
`Had Petitioners been permitted to file the Petitions by mail on June 23, 2015,
`
`the technical difficulties associated with the PRPS would have been avoided. The
`
`rules for IPR filings do provide for filing by means other than electronic filing that
`
`requires placing in the mail the petition and a motion. 37 C.F.R. § 42.6(b)(2). In
`
`this case, by informing the PTAB of the technical difficulties in real-time and
`
`continuing to upload the exhibits, the Petitions and exhibits were received by PTAB
`
`sooner than had the mailing and motion provided by the Rules occurred.
`
`Notice was properly provided under the governing statute and rules and
`
`
`
`8
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`Petitioners made every effort to complete filing on June 23, 2015. Petitioners
`
`worked continuously to complete the filings despite encountering the system
`
`difficulties experienced by PRPS, all of which were completely filed as soon as the
`
`PRPS system would accept the uploads and served immediately thereafter.
`
`Affording this Petition, and the subsequently uploaded petitions, the filing
`
`date of June 23, 2015 does not prejudice the Patent Owner, its counsel, or work any
`
`injustice on the system given the immediate remedial measures taken by
`
`Petitioners. This includes service as soon as the Petitions and exhibits were fully
`
`uploaded and immediately seeking consent to afford the earlier filing date once
`
`Patent Owner entered an appearance in these proceedings. Patent Owner is
`
`particularly not prejudiced by affording the Petition a June 23, 2015 filing date
`
`because Petitioner CoxCom, LLC was not served with a Complaint until August 18,
`
`2014 and is therefore not time barred from filing such a Petition.
`
`Accordingly, Petitioners respectfully request the Board grant this motion to
`
`recognize the IPR Petition 2015-01486 for Inter Partes Review of U.S. Patent No.
`
`6,549,130 as being filed on, and afforded the filing date of, June 23, 2015.
`
`Date: August 5, 2015
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`
`D. Clay Holloway
`Reg. No. 58,011
`
`
`
`1100 Peachtree Street, NE, Suite 2800
`Atlanta, Georgia 30309-4530
`9
`
`
`
`
`
`
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`
`Telephone: (404) 815-6500
`Facsimile: (404) 815-6555
`cholloway@kilpatricktownsend.com
`
`Counsel for Petitioners
`
`
`10
`
`
`
`
`
`
`
`

`
`Motion Recognize June 23, 2015 filing date of Inter Partes Petition of
`U.S. Patent No. 6,549,130
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6 and 42.8(b)(4), the undersigned hereby certifies
`
`that on August 5, 2015, this MOTION TO RECOGNIZE JUNE 23, 2015 AS FILING
`
`DATE OF PETITION FOR INTER PARTES REVIEW OF U.S. PATENT 6,549,130,
`
`together with Exhibits 1 and 2 has been served electronically via email to
`
`PG_JCMS@hgdlawfirm.com(as consented to by the Patent Owner) on July 14, 2015,
`
`upon the following:
`
`Raymond A. Joao
`Reg. No. 35,907
`122 Bellevue Place
`Yonkers, New York 10703
`rayjoao@optonline.net
`Tel: (914) 969-2992
`
`
`
`Lead Counsel For Patent Owner
`
` Date: August 5, 2015
`
`
`
`
`US2008 6649426 3
`
`
`Rene A. Vazquez
`Reg. No. 38,647
`Henniger Garrison Davis, LLC
`18296 St. Georges Ct.
`Leesburg, VA 20176
`rvazquez@hgdlawfirm.com
`Tel: (571) 206-1375
`
`Back-up Counsel For Patent Owner
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`
`
`
`
`D. Clay Holloway
`Reg. No. 58,011
`Counsel for Petitioners
`1100 Peachtree Street, NE, Suite 2800
`Atlanta, Georgia 30309-4530
`Telephone: (404) 815-6500
`Facsimile: (404) 815-6555
`cholloway@kilpatricktownsend.com
`
`
`
`

`
`EXHIBIT 1
`
`
`
`EXHIBIT 1EXHIBIT 1
`
`
`
`

`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________________
`
`TERREMARK NORTH AMERICA LLC, VERIZON COMMUNICATIONS, INC., VERIZON
`SERVICES CORP., TIME WARNER CABLE INC., ICONTROL NETWORKS, INC. AND
`COXCOM, LLC,
`Petitioners
`
`v.
`
`JOAO CONTROL & MONITORING SYSTEMS, LLC,
`Patent Owner
`
`____________________
`
`INTER PARTES REVIEW NO: IPR2015-01486
`
`
`
`I, Natasha Robinson, declare as follows:
`
`
`1.
`
`I am a Paralegal at the law firm of Kilpatrick Townsend & Stockton LLP. Over
`
`the past 2 years, I have been the lead paralegal responsible for filing the bulk of IPR petitions for
`
`Kilpatrick Townsend & Stockton. I am very familiar with both the Patent Review Processing
`
`System (“PRPS”) and the rules and guidelines for filing and uploading documents using the
`
`access portal, as I have personally filed approximately 30 IPR petitions using PRPS. I submit
`
`this declaration in support of Petitioners Terremark North America LLC, et al.’s Motion to
`
`Recognize June 23, 2015 as Filing Date of Petition for Inter Partes Review of U.S. Patent
`
`6,549,130 in case IPR2015-01486. I am submitting similar declarations in two other motions
`
`related to the persistent malfunction in uploading documents to PRPS experienced on the
`
`
`
`1
`
`

`
`
`
`evening of June 23 and into the morning of June 24, 2015. I have knowledge of the facts set
`
`forth herein and, if required, could and would competently and consistently testify thereto.
`
`2.
`
`On June 23, 2015, under the supervision of lead counsel Vaibhav P. Kadaba and
`
`backup counsel D. Clay Holloway, I filed a petition for inter partes review of U.S. Patent No.
`
`7,397,363 (French) (the “First Petition”) using the Patent Review Processing System on behalf of
`
`Petitioners Terremark North America LLC, et al. (“Petitioners”).
`
`3.
`
`The documents I began to file on June 23, 2015 included the Petition and
`
`certificate of service, copies of the cited references (i.e., Exhibits 1001 through 1019; hereinafter
`
`“Exhibits”) and Power of Attorney as reflected on the docket for the First Petition.
`
`4.
`
`On June 23, 2015, at approximately 10:45 PM Eastern Time, I logged into PRPS
`
`via the “Direct Link” available at: https://ptabtrials.uspto.gov and attempted to upload
`
`documents. Based on my experience in filing IPRs and with the PRPS system, I estimated and
`
`believed that it would take no more than forty minutes to successfully upload and submit the
`
`three petitions, corresponding exhibits, powers of attorneys, and process payment. Additionally,
`
`per our normal practice, an associate in the Kilpatrick Townsend Atlanta Office, Lindsay
`
`Hopkins, was prepared to serve the three petitions and accompanying documents while I
`
`uploaded the petitions and accompanying documents via the PRPS system. Copies of the three
`
`petitions, corresponding exhibits and powers of attorneys were printed no later than 11:15 pm
`
`EST and were prepared for service. The USPS is only a 15 minute drive from the Kilpatrick
`
`Townsend Atlanta Office and does not close until 12:00 am EST (midnight). However, due to
`
`the errors we encountered with the PRPS system, Ms. Hopkins remained in the office to focus on
`
`solving the problems we were experiencing with filing the petitions with the PRPS system. But
`
`for the errors with PRPS, Ms. Hopkins would have driven to the USPS as planned and the
`
`
`
`2
`
`

`
`
`
`petitions and accompanying documents would have been served on Patent Owner on June 23,
`
`2015. Prior to beginning upload, I followed procedures for verifying sufficient funds available
`
`on the charge account I intended to use for PRPS payment by selecting an account with minimal
`
`usage. However, PRPS was experiencing continuous timeouts and system failures. Each time
`
`an attempt was made to upload documents, the system would timeout and fail. The documents I
`
`was attempting to upload were properly formatted and sized according to the PRPS procedures.
`
`Despite repeated attempts to upload documents, I continued to encounter delays in uploading
`
`documents. Once a document was selected for upload, the system would stall and stop receiving
`
`the upload after a minute or so of processing.
`
`5.
`
`After repeated attempts, realizing PRPS may be experiencing technical
`
`difficulties, and time was approaching midnight, I began to take screen shots of failed attempts to
`
`upload documents and how the system timed-out and failed to upload documents. Declarant
`
`notes the screen shots were taken while declarant was in the process of completing filings for
`
`each of the three (3) petitions indicating the persistence of the problem.
`
`6.
`
`Despite repeated attempts to upload documents, I continued to encounter the
`
`timeouts and system failure. Each time I attempted to upload a document, the system would
`
`timeout, I would have to click refresh and the back button and start the uploading process over
`
`again. This, in the portal, would return me to the entry of Real Parties in Interest and require me
`
`to navigate back through the upload pages. The Petition was always present and any Exhibits
`
`once accepted by the system would remain. Each attempt to upload took at least two attempts.
`
`The process of attempting to upload, having to refresh, and renavigate back to the upload page
`
`took about 5-8 minutes per document. Normally, upload of a document using PRPS takes about
`
`10-20 seconds. Prior to uploading these petitions and exhibits, I had not ever experienced the
`
`
`
`3
`
`

`
`
`
`PRPS system timing out and not accepting properly formatted exhibits. I realized I was
`
`approaching midnight and started to document the system failure by snipping screen shots. My
`
`first screen shot was on 6/23/2015 at 11:50 p.m., as indicated below:
`
`
`
`7.
`
`I continued to take screen shots throughout the evening and into the morning of
`
`filing all three (3) petitions, i.e., IPR2015-01482, IPR2015-01485, and IPR2015-01486. Because
`
`of the process necessary to ensure each exhibit was uploaded, I filed the petitions in sequence
`
`and did not begin the next petition and exhibits until payment was accepted for the previous one
`
`for fear that exhibits would have to be resubmitted. Screen shots are attached as follows:
`
`
`
`4
`
`

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`Terrerrtatlt Nomi A.I'rtt'.I"|t:a LLC
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`Patent Number 65419130
`Patent Ownet
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`No ofcltallenged Clams
`Technology Center
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`11
`39$!)
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`lPR2D15-01485
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`Patent Number 6549130
`Patent Owner
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`No or Chalengeo Claims
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`File:
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`<< Back
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`saw
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`8.
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`Further, I prepared and sent various emails, attached hereto as Attachment A to
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`trials@uspto.gov and paralegal Althea Wilburn confirming the various attempts made to upload
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`documents along with attached screen shots, confirmation of my intention to continue to upload
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`and file the documents in all three (3) petitions even though PRPS continuously experienced
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`timeouts and systems failure, and a request to be awarded the filing date of June 23, 2015 for the
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`same.
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`9.
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`Although PRPS continuously experienced timeouts and systems failure, I
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`continued to attempt to upload documents and, about seven (7) hours after beginning, I
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`successfully completed uploading all the exhibits related to the three (3) petitions early on the
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`morning of June 24, 2015. From the time I began uploading the petitions and exhibits for IPR
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`2015-01486, none of the three petitions or related exhibits were changed in any way.
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`10.
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`Petitioners’ complete Petition meeting all statutory filing requirements would
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`have been successfully transmitted on June 23, 2015 to the Board had PRPS not failed.
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`11.
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`After successfully filing and completing all three (3) petition filings, I waited until
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`7:30 a.m. and contacted a courier service for forwarding service copies of all three (3) petitions
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`7
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`and exhibits. The mailroom contacted me at 8:00 a.m. and confirmed that the package had been
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`retrieved by the courier service. I requested that the courier service deliver the package to the
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`U.S. Postal Service upon the opening of the facility. A complete service copy of the Petition and
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`Exhibits was sent to the Patent Owner by Express Mail in the early morning of June 24, 2015. A
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`copy of the courier service delivery receipt and Express Mail receipt are attached hereto as
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`Attachment B.
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`12.
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`In the early morning of June 24, 2015, I reached out to paralegal Althea Wilburn
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`who simultaneously called me regarding my emails. Ms. Wilburn and I discussed confirmation
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`receipt of the emails demonstrating the technical difficulties, the complete filing of the Petitions
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`which lasted into the early morning and further instructions as to what is necessary to recognize
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`and be awarded the June 23, 2015 filing date of the three (3) petitions, i.e., IPR2015-01482,
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`IPR2015-01485, and IPR2015-01486.
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`I declare under penalty of perjury that the foregoing is true and correct, executed on this
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`5th, day of August 2015.
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`8
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`Natasha M. Robinson
`Paralegal, Kilpatrick Townsend & Stockton LLP
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`

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`ATTACHMENT A
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`
`
`ATTACHMENT AATTACHMENT A
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`
`
`

`
`Robinson, Natasha
`
`From:
`Sent:
`To:
`Subject:
`Attachments:
`
`Robinson, Natasha
`Wednesday, June 24, 2015 12:23 AM
`'Trials@USPTO.GOV'; 'Althea.Wilburn@USPTO.GOV'
`Problems with System - request 6/23/15 file date
`Capture.PNG
`
`PTAB,
`
` I
`
` was trying to file IPRs and having issues with the system when uploading my exhibits that are properly sized under 25
`megabytes. I am now back on the system and have been able to upload, but of course, it is now after midnight and
`6/24/15. I am going to file my 3 IPRs and respectfully request the filing date of 6/23/15. After a few unsuccessful
`attempts to upload, I finally took a snip it of what was transpiring when I was trying to file (see the attached).
`
` am also sending this email to Althea Wilburn, as I know as a contact to make sure that PTAB receives this email request.
`
` am going to contact PTAB in the morning when your office is open to further discuss.
`
` I
`
` I
`
`
`Thank you,
`Natasha Robinson
`
`
`
`
`Natasha Robinson
`Paralegal
`Kilpatrick Townsend & Stockton LLP
`Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528
`office 404 815 6265 | cell 347 495 4944 | fax 404 541 4710
`narobinson@kilpatricktownsend.com | www.kilpatricktownsend.com | vCard
`
`1
`
`

`
`Robinson, Natasha
`
`From:
`Sent:
`To:
`Subject:
`Attachments:
`
`Robinson, Natasha
`Wednesday, June 24, 2015 12:33 AM
`'Trials@USPTO.GOV'; 'Althea.Wilburn@USPTO.GOV'
`FW: Problems with System - request 6/23/15 file date
`Capture 2.PNG
`
`Please note, still having issue with the system, see the attached second capture.
`
`Natasha Robinson
`Paralegal
`Kilpatrick Townsend & Stockton LLP
`Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528
`office 404 815 6265 | cell 347 495 4944 | fax 404 541 4710
`narobinson@kilpatricktownsend.com | www.kilpatricktownsend.com | vCard
`
`From: Robinson, Natasha
`Sent: Wednesday, June 24, 2015 12:23 AM
`To: 'Trials@USPTO.GOV'; 'Althea.Wilburn@USPTO.GOV'
`Subject: Problems with System - request 6/23/15 file date
`
`PTAB,
`
` I
`
` was trying to file IPRs and having issues with the system when uploading my exhibits that are properly sized under 25
`megabytes. I am now back on the system and have been able to upload, but of course, it is now after midnight and
`6/24/15. I am going to file my 3 IPRs and respectfully request the filing date of 6/23/15. After a few unsuccessful
`attempts to upload, I finally took a snip it of what was transpiring when I was trying to file (see the attached).
`
` am also sending this email to Althea Wilburn, as I know as a contact to make sure that PTAB receives this email request.
`
` am going to contact PTAB in the morning when your office is open to further discuss.
`
` I
`
` I
`
`
`Thank you,
`Natasha Robinson
`
`
`
`
`Natasha Robinson
`Paralegal
`Kilpatrick Townsend & Stockton LLP
`Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528
`office 404 815 6265 | cell 347 495 4944 | fax 404 541 4710
`narobinson@kilpatricktownsend.com | www.kilpatricktownsend.com | vCard
`
`1
`
`

`
`Robinson, Natasha
`
`From:
`Sent:
`To:
`Subject:
`Attachments:
`
`Robinson, Natasha
`Wednesday, June 24, 2015 2:24 AM
`'Trials@USPTO.GOV'; 'Althea.Wilburn@USPTO.GOV'
`FW: Problems with System - request 6/23/15 file date
`Capture3.PNG
`
`Still having issues filing
`
`Natasha Robinson
`Paralegal
`Kilpatrick Townsend & Stockton LLP
`Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528
`office 404 815 6265 | cell 347 495 4944 | fax 404 541 4710
`narobinson@kilpatricktownsend.com | www.kilpatricktownsend.com | vCard
`
`From: Robinson, Natasha
`Sent: Wednesday, June 24, 2015 12:33 AM
`To: 'Trials@USPTO.GOV'; 'Althea.Wilburn@USPTO.GOV'
`Subject: FW: Problems with System - request 6/23/15 file date
`
`Please note, still having issue with the system, see the attached second capture.
`
`Natasha Robinson
`Paralegal
`Kilpatrick Townsend & Stockton LLP
`Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528
`office 404 815 6265 | cell 347 495 4944 | fax 404 541 4710
`narobinson@kilpatricktownsend.com | www.kilpatricktownsend.com | vCard
`
`From: Robinson, Natasha
`Sent: Wednesday, June 24, 2015 12:23 AM
`To: 'Trials@USPTO.GOV'; 'Althea.Wilburn@USPTO.GOV'
`Subject: Problems with System - request 6/23/15 file date
`
`PTAB,
`
` I
`
` was trying to file IPRs and having issues with the system when uploading my exhibits that are properly sized under 25
`megabytes. I am now back on the system and have been able to upload, but of course, it is now after midnight and
`6/24/15. I am going to file my 3 IPRs and respectfully request the filing date of 6/23/15. After a few unsuccessful
`attempts to upload, I finally took a snip it of what wa