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