`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS INC.
`
`Petitioner
`
`V.
`
`FOZGO LLC
`
`Patent Owner
`
`IPR—_____
`
`U.S. Patent No. 7,173,651
`Apparatus and System for Prompt Digital Photo
`Delivery and Archival
`
`PETITIONER UNIFIED PATENTS INC.’S
`
`VOLUNTARY INTERROGATORY RESPONSES
`
`UNIFIED PATENTS INC.
`EX1008
`Page1 of8
`
`
`
`Petitioner, Unified Patents Inc., provides the following interrogatory
`
`responses.
`
`DEFINITIONS
`
`A. ’65l PATENT means U.S. Patent No. 7,173,651
`
`B. COMMUNICATIONS means the transmission or receipt of information of any
`
`kind through any means (e.g., email, text message, voicemail, audio, computer
`
`readable media, or orally).
`
`. MEMBER means any company that subscribes to at least one of UNIFIED’S
`
`service offerings and MEMBERS means all such companies.
`
`. IPR means inter partes review.
`
`. THE INSTANT IPR means this proceeding.
`
`. PETITION means the petition, including the exhibits thereto, for THE
`
`INSTANT IPR.
`
`. UNIFIED means Unified Patents Inc. and includes any shareholder, officer,
`
`director, employee, agent, representative, privies, intermediaries or other
`
`individual authorized to act on behalf of Unified Patents Inc.
`
`. USPTO means the United States Patent and Trademark Office.
`
`UNIFIED PATENTS INC.
`EX1008
`Page 2 of 8
`
`
`
`RESPONSES TO INTERROGATORIES
`
`INTERROGATORY NO. 1:
`
`Identify any COMMUNICATIONS between UNIFIED and any entity other
`
`than its counsel and expert witness relating to the financing, preparation, editing,
`
`prior review, or approval of the PETITION.
`
`RESPONSE NO. 1:
`
`UNIFIED states that no such communications exist.
`
`UNIFIED states that it was founded by intellectual property professionals
`
`over concerns with the increasing risk of non—practicing entities (NPES) asserting
`
`poor quality patents against strategic technologies and industries. The founders
`
`thus created a first—of—its—kind company whose sole purpose is to deter NPE
`
`litigation by protecting technology sectors, such as wireless, content delivery, and
`
`cloud storage, the technologies at issue in the ’65l PATENT. Companies in a
`
`technology sector subscribe to UNIFIED’s technology specific deterrence, and in
`
`turn, UNIFIED performs many NPE—deterrent activities, such as analyzing the
`
`technology sector and monitoring patent activity (including patent ownership and
`
`sales, NPE demand letters and litigation, and industry companies). UNIFIED’s
`
`monitoring activities allow UNIFIED to identify patents, perform prior art
`
`research, analyze invalidity, and to sometimes file reexams or IPRS against some
`
`patents.
`
`UNIFIED PATENTS INC.
`EX1008
`Page 3 of 8
`
`
`
`UNIFIED states that it has sole and absolute discretion over its decision to
`
`contest patents through the USPTO’s post—grant proceedings. Based on its own
`
`analysis, UNIFIED determines which patents are worth pursuing in terms of
`
`searching for prior art or taking action, including filing an IPR. UNIFIED’ s
`
`decisions to file an IPR are made independently without the input, assistance or
`
`approval of its MEMBERS. Should UNIFIED decide to challenge a patent in a
`
`post—grant proceeding, UNIFIED controls every aspect of such a challenge,
`
`including controlling which patent and claims to challenge, which prior art to apply
`
`and the grounds raised in the challenge, and when to bring any challenge.
`
`MEMBERS receive no prior notice of UNIFIED’s patent challenges. After
`
`filing a post—grant proceeding, UNIFIED retains sole and absolute discretion and
`
`control over all strategy decisions (including any decision to continue or terminate
`
`UNIFIED’s participation). UNIFIED is also solely responsible for paying for the
`
`preparation, filing, and prosecution of any post—grant proceeding, including any
`
`expenses associated with the proceeding.
`
`In THE INSTANT IPR, UNIFIED exercised its sole discretion and control
`
`in deciding to file this PETITION against the ’6'5l PATENT, including paying for
`
`all fees and expenses. UNIFIED shall exercise sole and absolute control and
`
`discretion of the continued prosecution of this proceeding (including any decision
`
`to terminate UNIFIED’s participation) and shall bear all subsequent costs related to
`
`UNIFIED PATENTS INC.
`EX1008
`Page 4 of 8
`
`
`
`this proceeding.
`
`INTERROGATORY NO. 2:
`
`Identify any individuals acting for or on behalf of any entity other than
`
`UNlFIED’S counsel and expert witness that participated or assisted in any way
`
`with the financing, preparation, editing, prior review, approval, or filing of the
`
`PETITION.
`
`RESPONSE NO. 2:
`
`UNIFIED states that no such individuals exist. UNIFIED further states that
`
`no individuals other than UNIFIED employees and its counsel and expert witness
`
`had any prior knowledge of the filing of THE INSTANT IPR.
`
`As stated in the response to Interrogatory No. l, in the instant proceeding,
`
`UNIFIED exercised its sole discretion and control in deciding to file this
`
`PETITION against the ’651 PATENT, including paying for all fees and expenses.
`
`UNIFIED shall exercise sole and absolute control and discretion of the continued
`
`prosecution of this proceeding (including any decision to terminate UNIFIED’s
`
`participation) and shall bear all subsequent costs related to this proceeding.
`
`UNIFIED further states that its MEMBERS do not get to participate in any
`
`way in UNIFIED’s deterrent activities. UNIFIED does not receive input from its
`
`MEMBERS, nor give them an opportunity to participate or an opportunity to even
`
`know that UNIFIED is contemplating filing an IPR before the IPR is filed. In the
`
`UNIFIED PATENTS INC.
`EX1008
`Page 5 of 8
`
`
`
`instant proceeding, none of UNIFIED’s MEMBERS had any prior knowledge of,
`
`or involvement in, the preparation and filing of the INSTANT IPR.
`
`INTERROGATORY NO. 3:
`
`Identify payments by any entity to UNIFIED relating to the financing of the
`
`INSTANT IPR.
`
`RESPONSE NO. 3:
`
`UNIFIED states that no such payments exist.
`
`UNIFIED states that its MEMBERS pay only a yearly subscription fee to a
`
`specific technology zone, and in return, UNIFIED performs its many NPE—
`
`deterrent activities. UNIFIED’s MEMBERS do not pay any fees designated for
`
`IPRs, let alone for IPRs against specific patents. It is UNIFIED and UNIFIED
`
`alone that determines how to spend its money. UNIFIED independently selects
`
`which patents to target based on the perceived deterrent value to a technology
`
`zone. Based on its own analysis, UNIFIED determines which patents are worth
`
`pursuing in terms of filing an IPR or performing some other activity. UNIFIED’s
`
`decisions to file an IPR are made independently without the input, assistance, or
`
`approval of its MEMBERS. UNIFIED states that there are no explicit or implicit
`
`agreements with its MEMBERS about UNIFIED’s performing any particular
`
`deterrent strategy, including the INSTANT IPR.
`
`UNIFIED PATENTS INC.
`EX1008
`Page 6 of 8
`
`
`
`By:
`
`Jeff Toler (Lead Counsel)
`Reg. No. 38,342
`jt01e1'@t1gip1aw.c01n
`To1e1'Law Group, PC
`8500 Bluffstone CV. Suite A201
`
`Austin, TX 78759
`
`Telephone: (512) 327-5515
`Fax: (512) 327-5575
`
`UNIFIED PATENTS INC.
`EX1008
`Page 7 of8
`
`
`
`VERIFICATION
`
`1, Kevin Jakel, state that I am CEO of Unified Patents Inc., and that I am
`authorized to make this Verification for and on its behalf. I certify that I have read
`the foregoing Interrogatory responses, and that the responses are true and accurate
`to the best of my own knowledge, information and belief. Further, I make this
`verification 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 and that such willful false statements may jeopardize the
`results of these proceedings.
`I declare under penalty of perjury that the foregoing is true and correct.
`
`By:
`
`Kevin Jakel
`
`UNIFIED PATENTS INC.
`EX’IO08
`Page 8 of 8