LINITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TERREMARKNORTH AMERICA LLC, VERIZON BUSINESS NETWORK
`SERVICES INC., VERIZON SERVICES CORP., TIME WARNERCABLE INC.,
`ICONTROL NETWORKS, TNC., AND COXCOM, LLC,
`Petitioners,
`
`Y.
`
`JOAO CONTROL & MONITORING SYSTEMS, LLC,
`PatentOwner
`
`INTERPARTES REVIEWNO:
`
`IPR20 1 5-01486 (Pat. 6,549, 1 30)
`
`DECLARATION OF RENE A. VAZQUEZ
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TERREMARKNORTH AMERICA LLC, VERIZON BUSINESS NETWORK
`SERVICES INC., VERIZON SERVICES CORP., TIME WARNERCABLE INC.,
`ICONTROL NETWORKS, TNC., AND COXCOM, LLC,
`Petitioners,
`
`Y.
`
`JOAO CONTROL & MONITORING SYSTEMS, LLC,
`PatentOwner
`
`INTERPARTES REVIEWNO:
`
`IPR20 1 5-01486 (Pat. 6,549, 1 30)
`
`DECLARATION OF RENE A. VAZQUEZ
`
`
`
`I, Rend A. Vazquez, declue 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
`(hereinafter, "JCMS") in the request for Inter Partes Review of U.S. Patent
`6,549)3A in case IPR2015-01486. I submit this declaration in opposition to
`
`Petitioners Teremark 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
`
`("the '130 petition") in case IPR2015-1486. I have knowledge of the facts set forth
`
`in this declaration and could and would competently testiff to the facts stated
`
`herein.
`2. On June 23,2014, Verizon Communications, Inc. was served with a
`
`Complaint alleging infringement of the '130 Patent. See JCMS v. Tewemark 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 North
`
`America LLC was substituted as a defendant in place of Verizon Communications
`
`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. Terremark North America LLC, C.A. No. 14-
`
`525-GMS, D.I. 10 (D. Del. 2014)(Terremark's Rule 7.1 Disclosure Statement,
`
`Page 2 of5
`
`Patent Owner JCMS's Exhibit No. 2001
`IPR2015-01486 (Pat. 6,549, I 30)
`
`
`
`attached hereto as Exhibit 2003). Petitioners here have identified Verizon
`Communications Inc. as a real party in interest to the present petition. Paper I at l-
`
`2.
`
`4. On June 23,2A14, Petitioner Time Warner Inc. was also served with a
`Complaint alleging infringement of the '130 Patent. See JCMS, LLC v. Time
`
`Warner, Inc.,C.A. No. 14-524-GMS, D.I.5 (D.Del.)("Proof of Service," attached
`
`hereto as Exhibit 2005).
`5. The USPTO's Public PAIR records show that the "AttorneylAgenf'
`for the '130 Patent is Mr. Raymond Joao. The same record provides Mr. Joao's
`
`corre$pondence address and telephone number.
`6. Attached hereto as Exhibfi 2A06 is a true and correct copy of the
`
`U.S.P.S. tracking data demonstrating service of IPR2015-01482, IPR20I5-01485
`
`and IPR2015-0I486 via Priority Mail Express to the Patent Owner on June 24,
`
`2415.
`
`1. Attached hereto as Exhibft 2A07 is a true and correct copy of the
`FedEx tracking data demonstrating service of IPR2015-01466, IPR2015-01477,
`
`2015-01478 and IPR2015-01484 via FedEx to the Patent Owner on June 24,20L5.
`8.
`
`I am registered to practice before the U.S.P.T.O. and am fully awars
`
`of the regulations and rules for filing procedure with the PRPS.
`
`Page 3 of5
`
`Patent Owner JCMS's Exhibit No. 2001
`IPR2015-01485 (Pat. 6,549,1 30)
`
`
`
`9. The Board's trial practice rules, particularly 31 C.F.R. 42.6(d) require
`
`that each paper be filed one time in a proceeding.
`10. On information and belief, Petitioners were required to submit the
`
`Exhibits for each Petition in each proceeding; Petitioners could not refer back to a
`
`previously filed exhibit in a separate proceeding as evidence in support of the
`
`IPR2015-01486 IPR proceeding. Thus, on information and belief, statements
`
`made by the paralegal Ms. Robinson, who was experienced with the IPR
`
`proceedings before the PTAB were incorrect and did not adhere to the Board's
`
`procedures.
`11. In my years of experience, I have completed many filings with the
`
`USPTO including filings using the PRPS system-
`12. Patent Owner did not discover that Petitioners' originally-flled
`
`Certificate of Service was false until my colleague took the tracking number on the
`
`box sent to Mr. Joao and looked it up in U.S.P.S. tracking system as set forth in
`
`Exhibit 2006.
`13. Attached hereto as Exhibit 2008 is a true and correct copy of an email
`
`I sent to Petitioners' counsel Clay Holloway on JuIy 17,20L5, inquiring about the
`
`accuracy of Petitioners' certificates of service.
`14. On July 29- 2A15,I received an email from Petitioners' counsel that
`
`the Expert Declaration in support of the '363 Petition (IPR2015-01482) was not
`
`Page 4 of5
`
`Patent Owner JCMS's Exhibit No. 2001
`IPR201 5-01486 (Pat. 6,549, 1 30)
`
`
`
`yet filed with the PTAB and was nover served on Patent Owner.
`15. Attached hereto as Exhibit2009 is a true and correct copy of the email
`
`from Petitioner's counsel Clay Holloway informing me of the omission of the
`
`Declaration (Petitioner's Exhibit 1002).
`16. Attached hereto as Exhibit 2010 is a true and correct copy of the email
`
`of July 31, 2A1.5 from Clay Holloway confirming that the Deslaxation was never
`
`served on Patent Owner.
`
`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.
`
`Rene A.Yazquez
`Heninger Garrison Davis LLC
`
`Date: August L9,20L5
`
`Page 5 of5
`
`Patent Owner JCMS's Exhibit No. 2001
`IPR20 1 5-0 1 486 (Pat. 6,549,130)
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