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`______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`______________________
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`RUBICON COMMUNICATIONS, LP
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`Petitioner,
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`v.
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`LEGO A/S
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`Patent Owner.
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`________________________
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`Case IPR2016-01187
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`Patent 8,894,066
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`DECLARATION OF CHRIS D. THOMPSON
`IN SUPPORT OF PETITIONER’S
`MOTION TO CORRECT CLERICAL MISTAKE
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`Rubicon Communications, LP -- 1023
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`Declaration of Chris D. Thompson
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`I, Chris D. Thompson, declare the following:
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`1. This declaration
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`is given
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`in support of
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`the Petitioner Rubicon
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`Communications LP’s Motion to Correct Clerical Mistake under 37 CFR
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`§42.104(c).
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`2. I am a patent attorney at the law firm of Meyertons, Hood, Kivlin, Kowert &
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`Goetzel, P.C.
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`3. I drafted the petition that was filed on June 10, 2016 in the above-captioned
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`proceeding.
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`4. When drafting the petition, I reviewed the original complaint in a lawsuit
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`filed by Patent Owner in U.S. District Court, District of Connecticut, Civil
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`Action No. 3:15-cv-00823 (the “Lawsuit”), which identified Rubicon
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`Communications LP as the defendant. See true and correct copy of the face
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`page of this pleading (Ex. 1024). In the Lawsuit, Patent Owner alleged that
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`Rubicon Communications LP infringed claims of the patent on which review
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`is being sought in the petition, namely U.S. Patent No. 8,894,066 to
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`Sternberg et al. I have not had much substantive involvement in the
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`Lawsuit, and only worked on the invalidity contentions with respect to third
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`party art, as Eric Meyertons, Ryan Beard and Dwayne Goetzel were the
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`primary attorneys handling the Lawsuit. My current understanding,
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`however, is that Patent Owner subsequently sought leave to amend the
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`complaint in its Lawsuit to add Smallworks LLC as a named defendant. I
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`have also subsequently seen that Petitioner’s discovery responses sent to
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`Patent Owner in the Lawsuit refer to Smallworks LLC.
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`5. When drafting the petition, and preparing the list of real-parties-in-interest in
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`Section I.A of the petition, I reviewed the original complaint filed by the
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`Patent Owner
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`in
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`the Lawsuit, which
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`identified only Rubicon
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`Communications LP as defendant. Section I.B of the petition did refer to the
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`newer caption of the Lawsuit, which included reference to Smallworks LLC.
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`The omission of Smallworks LLC from Section I.A of the petition was an
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`unintentional and inadvertent clerical or typographical error, as shown by the
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`omission of Smallworks LLC in Section I.A but the inclusion of the
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`reference to Smallworks LLC in Section I.B. This unintentional and
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`inadvertent error was in no way intended to conceal or obscure the identity
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`of Smallworks LLC from the Board, Patent Owner, or any other party, and
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`was simply the result of my looking at the original complaint at the time.
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`6. After the petition was filed, I became aware that Smallworks LLC had been
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`omitted from the list of real parties in interest in the petition. On June 27,
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`2016, my colleague, Ryan T. Beard, sent a letter to Patent Owner’s counsel
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`notifying Patent Owner’s counsel of the clerical error in omitting
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`Smallworks LLC, and asking whether Patent Owner would oppose a motion
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`to correct the clerical error. Patent Owner’s counsel responded that it would
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`oppose such a motion.
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`I hereby declare that all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true; and
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`further that these statements are made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code and that such willful false
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`statements may jeopardize the validity of the application or any patents issued
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`/Chris D. Thompson/
`Chris D. Thompson
`cthompson@intprop.com
`MEYERTONS, HOOD,
`KIVLIN, KOWERT &
`GOETZEL
`1120 S. Capital of Texas Hwy.
`Building 2, Suite 300
`Austin, Texas 78746
`(512) 853-8877
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`thereon.
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`Date: November 28, 2016
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