`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ROCKWELL AUTOMATION, INC. and
`ROCKWELL AUTOMATION TECHNOLOGIES, INC.,
`Petitioners,
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`v.
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`AUTOMATION MIDDLEWARE SOLUTIONS, INC.,
`Patent Owner.
`
`Case IPR2017-00048
`Patent 6,516,236
`
`DECLARATION OF DOUGLAS R. WILSON IN
`SUPPORT OF PATENT OWNER’S PRELIMINARY
`RESPONSE
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`Page 1 of 3
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`AMS
`Exhibit 2018
`RA v AMS
`IPR2017-00048
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`I, Douglas R. Wilson, declare as follows:
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`1.
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`I am over the age of 18 and fully competent to make this declaration. I
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`have personal knowledge of the facts stated herein, and they are true and correct.
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`2.
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`I am a Partner with Heim, Payne & Chorush, L.L.P., and am counsel
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`for Automation Middleware Solutions, Inc. in the current proceeding. I am a
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`member in good standing of the Texas Bar, and I am admitted to practice in various
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`courts.
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`3.
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`The exhibits submitted with this Patent Owner Response in matter
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`IPR2017-00048 are true and correct copies of the original documents as identified
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`in the table of exhibits provided below:.
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`2004
`2005
`2006
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`Ex # Exhibit
`Inter Partes Reexamination 95/000,396 Office Action, 11/20/2008
`2002
`Inter Partes Reexamination Filing Data – September 30, 2016,
`2003
`https://www.uspto.gov/sites/default/files/documents/inter_parte_historical_
`stats roll up.pdf
`’062 IPR Exhibit 1010 – Represented to be Cashin
`’062 IPR Exhibit 1003 – Represented to be WOSA XFS
`’062 IPR Exhibit 1011 – Represented to be Control Engineering August
`1995
`’062 IPR Exhibit 1002 – Represented to be Gertz Thesis
`2007
`2008 PTAB Statistics – October 31, 2016,
`https://www.uspto.gov/sites/default/files/documents/aia_statistics_october2
`016.pdf
`2009 Excerpts of the File History for U.S. Patent Application Serial No.
`10/021,669, which issued as the ’236 Patent, Application filed on 2001-12-
`10
`2010 U.S. Patent No. 6,516,236 C1 (Reexamination Certificate)
`2011 Excerpts of the File History for Inter Partes Reexamination No.
`95/000,396, Decision on Petition and Action Closing Prosecution, 2011-01-
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`Page 2 of 3
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`AMS
`Exhibit 2018
`RA v AMS
`IPR2017-00048
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`26
`2012 Excerpts from Adrian King, Inside Windows 95
`2013 Excerpts of the File History for Inter Partes Reexamination No.
`95/000,396, Action Closing Prosecution, 2010-09-22
`’062 IPR Petition
`2014
`’062 IPR Decision on Institution of IPR, 2013-04-18
`2015
`2016 Preliminary Claim Construction in Automation Middleware Solutions, Inc.
`v. Invensys Systems, Inc., et al., No. 2-15-cv-00898-RWS (E.D. Tex. Dec.
`6, 2016)
`2017 U.S. Patent No 5,392,207 - GML
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`I declare under penalty of perjury under 28 U.S.C. § 1746 that the foregoing
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`is true and correct.
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`Executed on February 1, 2017
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`By:
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`/Douglas R. Wilson/
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`Douglas R. Wilson
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`Page 3 of 3
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`AMS
`Exhibit 2018
`RA v AMS
`IPR2017-00048
`
`
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