UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`IMMERSION CORPORATION,
`
`Patent Owner
`
`
`
`Case IPR2017-00896
`Patent No. 8,659,571
`
`
`
`Declaration of Alice Lineberry
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`WEST\276230571.1
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`Apple, Inc., Exhibit 1023, Page 1
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`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`IMMERSION CORPORATION,
`
`Patent Owner
`
`
`
`Case IPR2017-00896
`Patent No. 8,659,571
`
`
`
`Declaration of Alice Lineberry
`
`WEST\276230571.1
`
`Apple, Inc., Exhibit 1023, Page 1
`
`
`
`
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`I, Alice Lineberry, do hereby declare:
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`1.
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`I am a paralegal in the Austin, Texas office of DLA Piper LLP (US),
`
`counsel for Petitioner Apple Inc. in this proceeding. If called as a witness, I could
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`and would testify competently to the information set forth in this declaration.
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`2.
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`In my capacity as a paralegal for DLA Piper, I have filed many IPR
`
`and CBM petitions on behalf of attorneys at DLA Piper, including lead counsel on
`
`this Petition, James M. Heintz. Mr. Heintz and I have also worked together on
`
`litigation in the past. I assisted Mr. Heintz with the preparation and filing of the
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`Petition for this matter.
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`3. When it became apparent that all of the documents in this proceeding
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`might not be ready for filing until Sunday, February 12, 2017, which I understood
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`to be a bar date, Mr. Heintz and I discussed on Friday, February 10, 2017 the
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`method by which copies of the Petition, the exhibits and the power of attorney
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`(collectively, the “Service Documents”) would be served. I reminded Mr. Heintz
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`that the lobby of our building at 401 Congress Avenue in Austin, Texas had a UPS
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`drop box, and we agreed that this drop box would be used for service of hard
`
`copies of the Service Documents. Mr. Heintz requested that I check the address of
`
`record for the patent at issue in this proceeding on the USPTO’s PAIR system and
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`send the hard copies of the Service Documents to that address. I did so, and
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`Exhibit 1024 is a true and accurate copy of a page from the USPTO’s PAIR system
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`WEST\276230571.1
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`Apple, Inc., Exhibit 1023, Page 2
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`
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`
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`which was taken on a later date but which accurately depicts the address
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`“Immersion Corporation, 50 Rio Robles, San Jose, CA 95134-1806” as shown on
`
`the PAIR system on February 12, 2017. Mr. Heintz also requested that I serve the
`
`Service Documents by email on the counsel of record for the previous IPR
`
`involving this patent, IPR2016-01372. After that discussion, Mr. Heintz modified
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`the language in the certificate of service in the then-current draft of the Petition to
`
`reflect our discussion. The language remained unchanged through the final draft of
`
`the Petition.
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`4.
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`In view of that discussion, prior to filing the Petition, I set up a DLA
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`FTP transfer utility that facilitates the transfer of large files.
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`5.
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`Prior to filing the Petition, I also had printed out hard copies of all of
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`the Service Documents, except for the Petition and Declaration, and obtained a
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`cardboard box measuring approximately 12”x11”x6” into which the hard copies of
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`the Service Documents would fit in preparation for deposit into the UPS drop box
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`discussed above. I did this to ensure that I would be able to deposit the hard copies
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`of the Service Documents into the UPS drop box as soon as possible after the filing
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`of the Petition. I measured this cardboard box myself using a ruler. This was my
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`usual practice when shipping documents in cardboard boxes that are not provided
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`by UPS.
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`WEST\276230571.1
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`Apple, Exhibit 1023, Page 3
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`6.
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`I filed the Petition, the accompanying exhibits and the power of
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`attorney for this proceeding at the direction of Mr. Heintz on February 12, 2017.
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`Exhibit 1020 is a true and accurate copy of an email received from the PTAB’s
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`End-to-End system evidencing the filing of those documents on that date. Exhibit
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`1021 is a true and accurate copy of a “Fees Payment Receipt” evidencing receipt of
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`payment for the Petition in this proceeding that I downloaded from the USPTO’s
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`End-to-End website on February 12, 2017.
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`7.
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`After I completed the filing of the Petition and the accompanying
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`documents, I uploaded electronic copies of all of the Service Documents to that
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`FTP transfer facility, and I sent Mr. Michael Fleming and Mr. Babak Redjaian a
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`first email with a copy of the Petition and an explanation that a second email with
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`instructions and credentials for downloading electronic copies of the remaining
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`documents via the DLA FTP transfer utility would follow in a second email.
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`Exhibit 1026 is a true and accurate copy of the first email, and Exhibit 1027 is a
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`true and accurate copy of the second email with the instructions and credentials for
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`downloading the electronic copies of the remaining documents. Both emails were
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`sent on February 12, 2017. Exhibit 1028 is a true and accurate copy of an
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`electronic record showing that someone, using Mr. Fleming’s credentials that I sent
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`in Exhibit 1027, accessed a zip file of documents for this IPR on the morning of
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`February 13, 2017.
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`WEST\276230571.1
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`Apple, Exhibit 1023, Page 4
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`8.
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`Once the two emails were sent to Mr. Fleming and Mr. Redjaian, I
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`prepared and printed a UPS shipping label via the UPS website. I included the
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`dimensions of the cardboard box I had previously measured on the label, and
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`addressed the label to the correspondence address of record from the PAIR system
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`“Immersion Corporation, 50 Rio Robles, San Jose, CA 95134-1806” that I had
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`previously determined. Exhibit 1022 is a true and accurate copy of the receipt for
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`that label.
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`9.
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`I attached the label to the cardboard box and deposited the cardboard
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`box to the UPS drop box located in the lobby of the building of our Austin office at
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`401 Congress Avenue in Austin, Texas. Once I deposited the cardboard box into
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`this UPS drop box, I was not able to retrieve it. All of this happened before
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`midnight eastern time on February 12, 2017. Exhibit 1025 is a true and accurate
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`copy of UPS tracking information I obtained from the UPS website showing that
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`the label was printed out at 5:10 pm eastern time (which was 4:10 pm central time)
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`on February 12, 2007, the box was picked up the next day on February 13, 2017
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`and delivered on the morning of February 14, 2017.
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`10.
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`I understand from Mr. Heintz that a question has been raised about
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`whether the cardboard box with the service copies could have been placed into the
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`UPS drop box discussed above. At Mr. Heintz’s request, on March 14, 2017, I
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`took photographs showing the UPS drop box discussed above and illustrating how
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`WEST\276230571.1
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`Apple, Exhibit 1023, Page 5
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`
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`a similarly sized cardboard box approximately 12”x”11”x6” could be placed into
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`that UPS drop box. Exhibit 1029 is a true and accurate copy of those photographs,
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`and the photographs of Exhibit 1029 fairly and accurately depict the UPS drop box
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`in the lobby of the building of our Austin office at 401 Congress Avenue in Austin,
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`Texas as it existed on February 12, 2017.
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`1 1.
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`Exhibit 1029 page 1 shows the UPS drop box discussed above. It is a
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`substantial metal receptacle that includes a door or slot into which a package may
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`be deposited. Exhibit 1029 page 2 shows the UPS drop box with the door/slot
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`being held open, and Exhibit 1029 page 3 shows that the height ofthe slot is
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`between 7 and 8 inches. A cardboard box having approximate dimensions of
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`13”x”10”x6” as shown in Exhibit 1029 pages 4-7 can easily be placed into that
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`slot/door as shown in Exhibit 1029 pages 8 and 9.
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`I declare under penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct.
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`Executed on this 18th day of April, 2017.
`
`WWAlice Lin
`
`rry
`
`WEST\276230571.1
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`Apple, Exhibit 1023, Page 6
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