`___________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
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`Apple Inc.
`Petitioner
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`v.
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`California Institute of Technology
`Patent Owner
`____________________________________________
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`Case Nos. IPR2017-00210, IPR2017-00211, IPR2017-00219, IPR2017-00297,
`IPR2017-00423, IPR2017-00700, IPR2017-00701, IPR2017-00728
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`DECLARATION OF JONATHAN E. BARBEE IN SUPPORT OF
`UNOPPOSED MOTIONS TO SUBMIT REPLACEMENT EXHIBITS
`PURSUANT TO 37 C.F.R. § 42.104(c)
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`ActiveUS 161096079v.1
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`Apple vs. Caltech
`IPR2017-00728
`Apple 1226
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`1.
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`I, Jonathan E. Barbee, am an attorney and work with the counsel of
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`record for Petitioner Apple Inc. in the captioned inter partes review proceedings,
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`Richard Goldenberg. I assisted Mr. Goldenberg in the preparation and filing of the
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`petitions and accompanying exhibits in the captioned inter partes review
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`proceedings.
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`2.
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`This declaration is filed in support of Petitioner’s Unopposed Motions
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`to Correct Clerical Errors in the captioned inter partes review proceedings. I
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`understand that these motions will be filed to correct exhibits filed with the
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`captioned inter partes review proceedings, which are directed to U.S. Patent No.
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`7,116,710 (the “ʼ710 Patent”), U.S. Patent No. 7,916,781 (the “ʼ781 Patent”), and
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`U.S. Patent No. 7,421,032 (the “ʼ032 Patent”) (collectively, the “ʼ710, ʼ781, and
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`ʼ032 IPRs”).
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`3.
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`Petitioner inadvertently filed incorrect versions of the following
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`exhibits in the captioned inter partes review proceedings:
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`• Frey, B. J. and MacKay, D. J. C., “Irregular Turbocodes,” Proc.
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`37th Allerton Conf. on Comm., Control and Computing,
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`Monticello, Illinois, 1999 (the “Frey exhibit”).
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`• D. Divsalar, H. Jin, and R. J. McEliece, “Coding theorems for
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`‘turbo-like’ codes,” Proc. 36th Allerton Conf. on Comm., Control
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`and Computing, Allerton, Illinois, 1998 (the “Divsalar exhibit”).
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`• Declaration of Paul H. Siegel (the “Siegel Declaration exhibit”).
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`4.
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`For each petition in the ʼ710, ʼ781, and ʼ032 IPRs, I assisted Mr.
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`Goldenberg in collecting the exhibits for each petition and directed legal staff to
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`upload the exhibits for each petition. Due to clerical errors, I inadvertently and
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`unintentionally collected incorrect versions of the Frey exhibit and the Divsalar
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`exhibit and omitted the “Exhibit 1” attached to the Siegel Declaration exhibit.
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`Unaware of this oversight, I sent incorrect versions of these exhibits to my firm’s
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`legal staff to be uploaded.
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`5.
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`For the Frey exhibit, my firm had several copies of the Frey reference
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`in the firm’s document management database, including the inadvertently-filed
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`exhibits. I unintentionally selected the wrong documents because the
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`inadvertently-filed exhibits had been circulated for different purposes. The copy of
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`the Frey reference uploaded in the ʼ710 Patent IPRs (IPR2017-00210, -00211, and
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`-00219) and the ʼ781 Patent IPRs (IPR2017-00297 and -00423) was missing the
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`table of contents, date stamp, and page numbering of the correct Frey exhibit. The
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`copy of the Frey reference uploaded in the ʼ032 Patent IPRs (IPR2017-00700, -
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`00701, and -00728) has a date stamp of September 19, 2000 from the University of
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`Michigan Library and a September 25, 2000 date stamp from the University of
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`Washington instead of the March 20, 2000 date stamp from the Cornell University
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`Library that appears on the correct Frey exhibit. The copy of the Frey reference
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`that I collected for the ʼ032 Patent IPRs was also missing sequential page numbers
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`beginning with page 1, which were needed to match the citations in the petitions in
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`the ʼ032 Patent IPRs.
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`6.
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`For the Divsalar exhibit, I inadvertently directed legal staff to upload
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`the Divsalar exhibit without adding sequential page numbers beginning with page
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`1 below the original page numbers of the exhibit. The addition of the sequential
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`page numbers was required for the Divsalar exhibit to match the citations in the
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`petitions for the ʼ710, ʼ781, and ʼ032 IPRs.
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`7.
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`For the Siegel Declaration exhibit, the Siegel Declaration and “Exhibit
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`1” to the declaration were sent by Professor Paul H. Siegel to my firm as
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`attachments in separate emails—I inadvertently overlooked the email attaching
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`“Exhibit 1” while preparing the Siegel Declaration exhibit. Consequently,
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`“Exhibit 1” to the Siegel Declaration was not attached before I directed legal staff
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`to upload the inadvertently-filed exhibit in the ʼ710 Patent IPRs and the ʼ032
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`Patent IPRs.
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`8.
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`All statements in this declaration are made under penalty of perjury
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`and are true and correct to the best of my knowledge.
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`Respectfully Submitted,
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`Dated: February 28, 2017
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`Jonathan E. Barbee
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`Tel: (212) 937-7275
`Fax: (212) 230-8888
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