`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RADWARE,INC.,
`Petitioner
`
`Vv.
`
`F5 NETWORKS, INC.,
`Patent Owner
`
`Case IPR2017-00653
`Patent 7,472,413 Bl
`
`Case IPR2017-00654
`Patent 7,472,413 Bl
`
`
`
`DECLARATION OF GADI MEROZ IN
`SUPPORT OF PETITIONER’S REPLY
`
`Radware Exhibit 1024
`Radware Exhibit 1024
`
`
`
`J, Gadi Meroz, declare as follows:
`
`Es
`
`IT am Vice President and General Counsel of Radware Ltd. (“LTD”).
`
`I
`
`am also the in-house counsel of Radware,Inc. (“INC”).
`
`I make this declaration
`
`based upon my personal knowledgeofthe facts stated herein.
`
`o2
`
`INC is a wholly-owned subsidiary of LTD. However, the two
`
`companiesare separate, have separate budgets, maintain separate business record,
`
`pay spate taxes, and are measured based upon different business targets. By way of
`
`example, INC is the only Radware entity doing business andselling the Radware
`
`products and services in the USA and Canada, while LTD sells the Radware
`
`products worldwide, other than in the USA and Canada.
`
`a:
`
`While I have counsel positions with both entities, each entity has
`
`separate interests and goals, and I separately represent those interest and goals.
`
`4.
`
`In April of 2016, FS Networks, Inc. (“F5”) sued INC — but not LTD -
`
`in the U.S. District Court for the Western District of Washington for allegedly
`
`infringing U.S. Patent Nos. 6,311,278, 7,472,413, and 8,676,955 (“F5’s asserted
`
`patents”).
`
`=
`
`LTD later joined the lawsuit in December of 2016 as a necessary party
`
`for the sole purposeof asserting a counter-claim of infringement for U.S. Patent
`
`9,231,853 (the “’853 Patent”). LTD is the ownerof the ’853 Patent, and thus, was
`
`
`
`required to join the suit to allow its exclusive licensee, INC, to assert the °853
`
`Patent against F5.
`
`6.
`
`To date, F5 has not accused LTDof, or sued LTD for, infringement of
`
`the asserted patents. This is likely due to the fact that LTD has no U.S. operations.
`
`7
`
`Accordingly, LTD did not seek to invalidate F5’s asserted patents and
`
`has no independentinterestin invalidating F5’s asserted patents, apart from being
`
`INC’s parent company,
`
`8.
`
`LTD is not directing, controlling, the IPR petitions in these
`
`proceedings; rather, INC is. Furthermore, INC is bearing the cost of these
`
`proceedings, including: (1) legal fees, (11) filing fees, and (iii) expert fees,
`
`associated with the proceedings.
`
`9.
`
`INC exercised direction and control over these petitions, including: (i)
`
`interviewing and negotiating for expert services, (ii) approving the filing of
`
`multiple petitions challenging the F5 asserted patents, and (iii) signing the power
`
`of attorney for these petitions.
`
`10.
`
`I personally signed the powerof attorney forms for these petitions.
`
`Although I am general counsel for LTD, I am the only INC representative
`
`responsible for signing such legal documents. As I mentioned, while I have
`
`counsel positions with both entities, each entity has separate interests and goals,
`
`and I separately represent those interests and goals. When signing legal documents
`
`
`
`on behalf of INC, such as the powerof attorney forms, I am exclusively
`
`representing the interests and goals of INC, whichis stated in the powerofattorney
`
`filed with the petitions.
`
`11. With regards to the related Washingtonpatent litigation, INC has
`
`identified some third-party witnessesin its initial disclosures, including witnesses
`
`from both LTD and F5, as persons who “may have knowledge.” INC, for
`
`example, identified Michael Groskop from LTD for information regarding the
`
`accused products, and Richard Masters from F5, for information regarding
`
`products that allegedly practice the asserted patents; while Amir Peles of INC is
`
`designated as having knowledgeof aspect of the accused products, as well as prior
`
`art to the asserted patents.
`
`INC’s identification of certain LTD employees as
`
`having knowledge on topics related to the litigation is not reflective of LTD having
`
`control over INC,just as INC’s identification of certain F5 employees as having
`
`knowledge ontopicsrelated to the litigation is not reflective of F5 having control
`
`over INC.
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct. Executed this 1“ of June, 2017,at
`
`Tel-Aviv, Israel
`
` Gadi Meroz
`
`
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