UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`IMMERSION CORPORATION,
`
`Patent Owner
`
`
`
`Case IPR2017-00897
`Patent No. 8,773,356
`
`
`Declaration of Alice Lineberry
`
`WEST\276221145.1
`
`Apple, Inc., Exhibit 1119, Page 1
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`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`IMMERSION CORPORATION,
`
`Patent Owner
`
`
`
`Case IPR2017-00897
`Patent No. 8,773,356
`
`
`Declaration of Alice Lineberry
`
`WEST\276221145.1
`
`Apple, Inc., Exhibit 1119, Page 1
`
`
`
`
`
`I, Alice Lineberry, do hereby declare:
`
`1.
`
`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
`
`and would testify competently to the information set forth in this declaration.
`
`2.
`
`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
`
`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
`
`method by which copies of the Petition, the exhibits and the power of attorney
`
`(collectively, the “Service Documents”) would be served. I reminded Mr. Heintz
`
`that the lobby of our building at 401 Congress Avenue in Austin, Texas had a UPS
`
`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
`
`send the hard copies of the Service Documents to that address. I did so, and
`
`Exhibit 1120 is a true and accurate copy of a page from the USPTO’s PAIR system
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`WEST\276221145.1
`
`Apple, Inc., Exhibit 1119, Page 2
`
`
`
`
`
`which was taken on a later date but which accurately depicts the address
`
`“Kilpatrick Townshend and Stockton, LLP, 1001 W. Fourth Street, Winston Salem
`
`NC 27101-2410” 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, IPR2016-01381. After that
`
`discussion, Mr. Heintz provided me with the language for the certificate of service
`
`to reflect our discussion. Prior to filing the Petition, I copied and pasted that
`
`language into the Petition and updated the address for the Patent Owner.
`
`4.
`
`In view of that discussion, prior to filing the Petition, I set up a DLA
`
`FTP transfer utility that facilitates the transfer of large files.
`
`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 13”x10”x5” into which the hard copies of
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`the Service Documents would fit in preparation for deposit into the UPS drop box
`
`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
`
`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
`
`by UPS.
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`WEST\276221145.1
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`Apple, Exhibit 1119, Page 3
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`
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`
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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 1116 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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`1117 is and true and accurate copy of a “Fees Payment Receipt” evidencing receipt
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`of payment for the Petition in this proceeding that I downloaded from the
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`USPTO’s 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 1122 is a true and accurate copy of the first email, and Exhibit 1123 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 1124 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 1123, 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\276221145.1
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`Apple, Exhibit 1119, Page 4
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`
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`
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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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`“Kilpatrick Townshend and Stockton, LLP, 1001 W. Fourth Street, Winston Salem
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`NC 27101-2410” that I had previously determined. Exhibit 1118 is a true and
`
`accurate copy of the receipt for 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 1121 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 11:09 pm eastern time (which was 10:09 pm central
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`time) on February 12, 2007, the box was picked up the next day on February 13,
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`2017 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\276221145.1
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`Apple, Exhibit 1119, Page 5
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`
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`a similarly sized cardboard box approximately 13”x”10”x6” could be placed into
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`that UPS drop box. Exhibit 1125 is a true and accurate copy of those photographs,
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`and the photographs of Exhibit 1125 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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`11.
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`Exhibit 1125 page 1 shows the UPS drop box discussed above. It is a
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`substantial metal receptacle that includes a dooror slot into which a package may
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`be deposited. Exhibit 1125 page 2 shows the UPS drop box with the door/slot
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`being held open, and Exhibit 1125 page 3 showsthat the height oftheslot 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 1125 pages 4-7 can easily be placed into that
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`slot/door as shownin Exhibit 1125 pages 8 and 9.
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`I declare under penalty of perjury underthe laws of the United States of
`
`America that the foregoingis true and correct.
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`Executed on this 18th day of April, 2017.
`
` By:
`
` Alice Lineberry
`
`WEST\276221 145.1
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`Apple, Exhibit 1119, Page 6
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`
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