IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`ln re Ewing et al.
`U.S. Patent No.: 7,043,543 .82
`Issue Date: May 9, 2006
`Serial No.: 09/930, 780
`Filing Date: August 15, 2001
`Examiner: Jeffrey Pwu
`Real Party in Interest: American Power Conversion Corporation
`Title: VERTlCAL~MOUNT ELECTRICAL POWER DISTRIBUTION PLUGS TRIP
`
`Mail Stop ".Inter Partes Reexam"
`Attn: Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`UECLARATION OF ALEX NORTH
`
`Sir:
`
`I, Alex North, declare the tbllowing:
`
`1.
`
`I submit this declaration in connection with Reexamination Contro1 No.
`
`95/001,485, pertaining to U.S. Patent No. 7,043,543 ("the '543 patent"). 1 understand that APC
`
`submitted the Request tor Inter Partes Reexamination ofthe '543 patent to the USPTO on
`
`November 12, 2010.
`
`2.
`
`I was asked to prepare this declaration in order to state facts that corroborate
`
`APC's a.'lsertion in its Request that the related materials describing the BayTech RPC produds
`
`on BayTech's website were all available to the public and linked together on BayTech's website
`
`prior to December 8, 2000, the filing date of the '543 patent. I have personal knowledge of and
`
`can testifY to the topics addressed in this declaration,
`
`3.
`
`I am the current Operations Manager at Bay Technical Associates C'BayTcch") in
`
`Mississippi. In this role, I oversee virtually all of the day to day operations ofBayTecb
`
`including its 110 employees. I have worked at BayTech since about 1986. Amund 1999-2000, J
`
`IPR Page 1
`
`Raritan v. Server Technology
`
`RARITAN EXHIBIT 1021
`
`
`
`ln re Ewing et al.
`U.S. Patent No.: 7,043,543 .82
`Issue Date: May 9, 2006
`Serial No.: 09/930, 780
`Filing Date: August 15, 2001
`Examiner: Jeffrey Pwu
`Real Party in Interest: American Power Conversion Corporation
`Title: VERTlCAL~MOUNT ELECTRICAL POWER DISTRIBUTION PLUGS TRIP
`
`Mail Stop ".Inter Partes Reexam"
`Attn: Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`UECLARATION OF ALEX NORTH
`
`Sir:
`
`I, Alex North, declare the tbllowing:
`
`1.
`
`I submit this declaration in connection with Reexamination Contro1 No.
`
`95/001,485, pertaining to U.S. Patent No. 7,043,543 ("the '543 patent"). 1 understand that APC
`
`submitted the Request tor Inter Partes Reexamination ofthe '543 patent to the USPTO on
`
`November 12, 2010.
`
`2.
`
`I was asked to prepare this declaration in order to state facts that corroborate
`
`APC's a.'lsertion in its Request that the related materials describing the BayTech RPC produds
`
`on BayTech's website were all available to the public and linked together on BayTech's website
`
`prior to December 8, 2000, the filing date of the '543 patent. I have personal knowledge of and
`
`can testifY to the topics addressed in this declaration,
`
`3.
`
`I am the current Operations Manager at Bay Technical Associates C'BayTcch") in
`
`Mississippi. In this role, I oversee virtually all of the day to day operations ofBayTecb
`
`including its 110 employees. I have worked at BayTech since about 1986. Amund 1999-2000, J
`
`IPR Page 1
`
`Raritan v. Server Technology
`
`RARITAN EXHIBIT 1021
`
`
`
`worked at BayTech as a Product Manager, and at that timet my responsibilities included sales of
`
`BayTech PDU products, including through its website at www .BayTcch.nct.
`
`4.
`
`l have reviewed the tbllowing documents, which I understand were submitted to
`
`the USPTO by APC as Exhibits E-G in support ofAPC's Request for Inter Partes
`
`Reexamination of the '543 patent:
`
`• Download ofwww.BayTcch.net from web.archive.org (the "BayTech Website"),
`Exhibit E.
`
`• Owner's Manual thr BayTech Remote Power Control Unit (the .. BayTech
`Manual'')t Exhibit F.
`
`• M2 Communications Ltd., "BayTecl1;" M2 Presswire, Bay St. Louis. Mississippi,
`U.S.A., November 19, 1999 (the "BayTech Article''), Exhibit G.
`
`I con finn that these documents accurately describe the technical features and use and operation
`
`ofthe Baytech RPC 7, RPC 21, and RPC 22 products.
`
`5.
`
`More specifically, I continn that the BayTech Website, previously submitted by
`
`APC to the UPSTO as Exhibit E. is a collection of related materials available to the public and
`
`linked together on the BayTech website in 1999~2000. I also understand that, tbr clarity, APC
`
`has re-submitted this same collection of materials as three separate recxam Exhibits E l-E3:
`
`• Exhibit E 1 - a Press Release announcing the BayTech RPC 7 and 21 produt-'f:s
`dated October 13, 1999 (page I from original Exhibit E).
`
`• Exhibit E2 - a section of the BayT ech website describing generally the RPC line
`of produl.'ts dated October 6, 2000 (pages 2-7 from original Exhibit E).
`
`• Exhibit E3- a section of the BayTech website describing specifically the RPC 22
`product dated November 1, 2000 (pages 8-9 from original Exhibit E).
`
`6.
`
`Exhibit E 1 describes the release of the BayTech RPC 7 and 21 vertical mount
`
`products from the RPC line ofproducts by BayTcch on Octob'-'1' 131 1999. It also shows links to
`
`several other sections of the BayTech website with more specific information about these
`
`2
`
`IPR Page 2
`
`
`
`products such as data sheets and user manuals. I remember personally writing this press release
`
`and releasing it on BayTech's website in 1999~2000. I confirm that Exhibit El is a true and
`
`accurate representation of this press release that I wrote in 1999.
`
`7.
`
`Exhibit E2 describes generally the BayTech RPC line ofproducts as of October 6,
`
`2000. It shows a section ofthe BayTech website from this time that gave a general overview of
`
`the remote power mortitoring capabilities of the RPC line of products and also listed some
`
`important features of each product including the RPC 7, RPC 21, and RPC-22 products. Each
`
`product name was also an electronic link to another section of the BayTech website with
`
`additional specific information about that particular product (e.g., ·•RPC-7" '"RPC-21" and
`
`"'RPC-22" links). r confirm that Exhibit E2 is a true and accurate representation of this section
`
`ofthe BayTech Website as of October 6, 2000.
`
`8.
`
`Exhibit E3 describes specifically the BayTech RPC 22 produ(..1 as of November 1,
`
`2000. This section is directly linked from the section of the BayTech website describing
`
`generally the RPC line of products. It said "(Click Here) for the RPC Main Page." By clicking
`
`on this link, a visitor to the BayTech website could seamlessly and easily navigate back and forth
`
`to the general RPC section from the specific RPC 22 section and vice-versa. For example, a
`
`visitor could move back and forth between the sections ofBayTech's website represented in
`
`Exhibits E2 and E3. I conftrtn that Exhibit E3 is a true and accurate representation of this
`
`section of' the BayTech Website as ofNovember l, 2000.
`
`9.
`
`Although each of Exhibits El-E3 were available on separate sections of the
`
`BayTech website, these materials were all very closely related. These materials, reflected in
`
`Exhibits E 1-E3, all relate to the same BayTech RJ>C line of PDU produds and des<.:ribe features
`
`of the same products, such as the RPC 7. RPC 2l, and RPC~22 products. Moreover, as Product
`
`3
`
`IPR Page 3
`
`
`
`Manager at BayTech in the relevant time 1999-2000, I am personally aware that Exhibits El-E3
`
`were publically available and linked together on the BayTech website at www.l?,.ro(fech.net by
`
`at least as early as November 1, 2000. Further, at this time, the BayTech website was meant to
`
`be a single, integrated vehicle for selling the RPC line of products. The concept was to link
`
`electronically all of the infonnation in the BayTech Website exhibit, for example. so that a
`
`visitor to the BayTech website could seamlessly and easily find all information about the RPC
`
`line of products. The BayTech website, as reflected in the BayTech Website Exhibit E, and
`
`Exhibits H 1-E3, was meant to be a one stop shop tor all information about the RPC line of
`
`products.
`
`I 0.
`
`In addition, I also confirm that the Owner's Manual ibr BayTech Remote Power
`
`Control Unit (the "BayTech Manual"), Exhibit F. was distributed by BayTech and publically
`
`available as of the publication date on the face ofthe dt'lcument. January 2000. This fact is also
`
`conftrmed by the publication number #U I 40E 125-05 and copyright 2000 date on the document.
`
`I further state that the above statements were made with the knowledge that wilU'uJ
`
`false statements and the Uke are punishable by fine and/or imprisonment, or both, under
`
`section 1001 of title 18 of the lJnited States code, and that any such willful false statement
`
`n1ay jeopardize the validity of this application or any patent resulting therefrom.
`
`4
`
`IPR Page 4
`
`
`
`Dated this j_'3_ day of May. 2011
`
`Alex North
`
`5
`
`IPR Page 5
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