UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`PLAID TECHNOLOGIES, INC.
`Petitioner
`
`v.
`
`YODLEE, INC. and YODLEE.COM, INC.,
`Patent Owner
`_____________________
`
`IPR2016-00275
`U.S. Patent No. 6,199,077 B1
`_____________________
`
`DECLARATION OF JILL MCCORMACK IN SUPPORT OF MOTION TO
`CORRECT FILING DATE
`
`Mail Stop Patent Trial and Appeal Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Plaid Technologies, Inc.
`IPR2016-00275
`Exhibit 1022
`Plaid Technologies, Inc. v. Yodlee,
`Inc. and Yodlee.com, Inc.
`
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`PLAID TECHNOLOGIES, INC.
`Petitioner
`
`v.
`
`YODLEE, INC. and YODLEE.COM, INC.,
`Patent Owner
`_____________________
`
`IPR2016-00275
`U.S. Patent No. 6,199,077 B1
`_____________________
`
`DECLARATION OF JILL MCCORMACK IN SUPPORT OF MOTION TO
`CORRECT FILING DATE
`
`Mail Stop Patent Trial and Appeal Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Plaid Technologies, Inc.
`IPR2016-00275
`Exhibit 1022
`Plaid Technologies, Inc. v. Yodlee,
`Inc. and Yodlee.com, Inc.
`
`
`
`
`
`1.
`
`I am an attorney at the law firm of Gibson, Dunn & Crutcher LLP
`
`(“Gibson Dunn”). I submit this Declaration in support of Petitioner’s Motion to
`
`Correct Filing Date in Case IPR2015-00275.
`
`2.
`
`On December 2, 2015, my colleague, Omar Amin, and I attempted to
`
`file petitions for Inter Partes review of U.S. Patent No. 6,317,783 (the “’783
`
`Petition”) and U.S. Patent No. 6,177,077 (the “’077 Petition”).
`
`3.
`
`By December 1, 2015, we had obtained a Power of Attorney for each
`
`Petition, and deposited sufficient funds in Gibson Dunn’s Deposit Account to pay
`
`the filing fee for both the ’783 and ’077 Petitions.
`
`4.
`
`On the evening of December 2, 2015, Petitioner’s expert, Dr. Todd
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`Mowry, sent us the signed signature pages for his respective declarations at 10:26
`
`p.m. EST. Mr. Amin and I waited until we received the signed signature pages just
`
`in case Dr. Mowry had any changes that had to be reflected in the other petition
`
`documents. Soon thereafter, we began the process of filing the two petitions.
`
`Because both petitions were signed by the same lead counsel, Brian Buroker, also
`
`of Gibson Dunn, Mr. Amin and I believed that the petitions needed to be filed
`
`sequentially from Mr. Buroker’s PRPS account.
`
`5. We began the filing process with the ’783 Petition, which was
`
`accompanied by thirteen exhibits. While attempting to file the first petition, we
`
`experienced delays in uploading the exhibits, wherein Mr. Amin’s Internet browser
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`1
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`
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`would intermittently hang. Thus, we were not able to click “Submit” for the ’783
`
`Petition until approximately 11:40 p.m.
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`6.
`
`Recognizing the limited time remaining to file the ’077 Petition, we
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`immediately started the process of filing the ’077 Petition. We started a new
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`petition for the ’077 Petition. Specifically, Mr. Amin entered into PRPS the patent
`
`number and the statutory grounds for challenge, identified the number and identity
`
`of challenged claims, entered the party information, and began uploading the
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`petition documents.
`
`7.
`
`After selecting the ’077 Petition (in PDF form) to upload to PRPS, the
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`Internet browser (Google Chrome) indicated that the upload was being processed.
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`However, the upload would not complete, and the system hung for several minutes.
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`We were unable to pick a document type, identify the Petition Name, or complete
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`the upload of the ’077 Petition at that point. Realizing that the midnight deadline
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`was fast approaching, we decided to abort the filing and try again on another
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`computer.
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`8.
`
`Unsure whether Mr. Buroker’s PRPS account would also be frozen as
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`a result of the aborted filing, but recognizing the approaching midnight deadline,
`
`around 11:45 p.m. we restarted the process of logging into PRPS again using a
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`different computer. On the new computer, we managed to quickly enter the
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`identifying information for the ’077 Petition, along with party information, upload
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`
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`2
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`
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`
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`the petition, pay the fee and upload some of the exhibits before midnight. Several
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`other exhibits, however, were slow to upload and/or caused my computer’s Internet
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`browser to hang intermittently. Near midnight, we still had additional exhibits to
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`upload. At that time, given that the petition and fee had been paid on December 2,
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`2015, we thought that the petition might receive a December 2, 2015 filing date.
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`But we were not sure about that and did not think we could hit “Submit” until all
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`exhibits were uploaded. And, we did not want to abort a second attempted filing.
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`So we continued to upload exhibits and then hit “Submit.” But by the time that
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`happened, it was 12:29 a.m. In my past experience, the lag I encountered for
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`certain exhibits in the filing of the ’077 Petition was unusual. I had previously
`
`completed PRPS filings at the same location, and exhibits were uploaded to PRPS
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`in a matter of seconds after I selected them for upload.
`
`9.
`
`The ’077 Petition was then deposited with FedEx for next day
`
`delivery shortly after filing and delivered to the correspondence address for Patent
`
`Owner on the morning of December 4, 2016. Screenshot of Federal Express
`
`Tracking Data, Ex. 1024.
`
`10. On the morning of December 3rd, Mr. Amin and I called the Board
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`and also travelled to the Patent Office to request correction of the filing date to
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`December 2, 2015, because the petition had been uploaded and the fee paid by that
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`date. That day, we spoke with Ms. Maria Vignone, who indicated that we should
`
`
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`3
`
`
`
`
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`request leave to file a Motion to Correct Filing Date. Ms. Vignone further
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`explained that Patent Owner could oppose such a motion and that Patent Owner’s
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`counsel would have to be copied on any request to the Board.
`
`11.
`
`In signing this Declaration, I recognize that the Declaration will be
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`filed as evidence in a contested case before the Patent Trial and Appeal Board of
`
`the United States Patent and Trademark Office. I also recognize that I may be
`
`subject to cross-examination in the case and that cross-examination will take place
`
`within the United States. If cross-examination is required of me, I will appear for
`
`cross-examination within the United States during the time allotted for cross-
`
`examination.
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`12.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true. And further, that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Respectfully submitted,
`
`4
`
`Code.
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`
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`
`
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`
`
`Dated: February K, 2016
`
`J’ 1McCormack
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