`U.S. Patent 7,231,379
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ____________
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`UNIFIED PATENTS INC.
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`Petitioner
`v.
`GUADA TECHNOLOGIES LLC
`
`Patent Owner
`____________
`
`IPR2017-01039
`Patent 7,231,379
` ____________
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`PETITIONER’S VOLUNTARY INTERROGATORY RESPONSES
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`IPR2017-01039
`Unified EX1008 Page 1
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`IPR2017-01039 Voluntary Interrogatory Responses
`U.S. Patent 7,231,379
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`Petitioner, Unified Patents Inc., provides the following voluntary
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`interrogatory responses.
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`A.
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`B.
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`DEFINITIONS
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`’379 PATENT means U.S. Patent 7,231,379.
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`COMMUNICATIONS means the transmission or receipt of information of
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`any kind through any means (e.g., e-mail, text message, voicemail, audio,
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`computer readable media, or orally).
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`C. MEMBER means any company that participates in UNIFIED’s solution and
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`MEMBERS means all such companies.
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`D.
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`IPR means inter partes review.
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`E.
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`F.
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`THE INSTANT IPR means this proceeding.
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`PETITION means the petition, including the exhibits thereto, for THE
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`INSTANT IPR.
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`G.
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`UNIFIED means Unified Patents Inc. and includes any shareholder, officer,
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`director, employee, agent, representative, privies, intermediaries, or other
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`individual authorized to act on behalf of Unified Patents Inc.
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`H.
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`USPTO means the United States Patent and Trademark Office.
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`IPR2017-01039 Voluntary Interrogatory Responses
`U.S. Patent 7,231,379
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`RESPONSES TO INTERROGATORIES
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`INTERROGATORY NO. 1:
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`Identify any COMMUNICATIONS between UNIFIED and any entity other
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`than its counsel relating to the financing, preparation, editing, prior review, or
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`approval of the PETITION.
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`RESPONSE NO. 1:
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`UNIFIED states that no such communications exist.
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`UNIFIED states that it was founded by intellectual property professionals
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`over concerns with the increasing risk of non-practicing entities (NPEs) asserting
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`patents of poor quality against strategic technologies and industries. The founders
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`thus created a first-of-its-kind company whose sole purpose is to deter NPE
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`litigation by protecting technology sectors. Companies in a technology sector
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`subscribe to UNIFIED’s technology-specific deterrence, and in turn, UNIFIED
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`performs many NPE-deterrent activities, such as analyzing the technology sector
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`and monitoring patent activity (including patent ownership and sales, NPE demand
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`letters and litigation, and industry companies). UNIFIED’s monitoring activities
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`allows it to identify patents, perform prior art research, analyze invalidity, and to
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`sometimes file reexaminations or IPRs against some patents.
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`UNIFIED states that it has sole and absolute discretion over its decision to
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`contest patents through the USPTO’s post-grant proceedings. Based on its own
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`analysis, UNIFIED determines which patents are worth pursuing in terms of
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`IPR2017-01039 Voluntary Interrogatory Responses
`U.S. Patent 7,231,379
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`searching for prior art or taking action, including filing an IPR. UNIFIED’s
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`decisions to file an IPR are made independently without the input, assistance, or
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`approval of its MEMBERS. Should UNIFIED decide to challenge a patent in a
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`post-grant proceeding, UNIFIED controls every aspect of such a challenge,
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`including controlling which patent and claims to challenge, which prior art to apply
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`and the grounds raised in the challenge, and when to bring any challenge.
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`MEMBERS receive no prior notice of UNIFIED’s patent challenges. After
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`filing a post-grant proceeding, UNIFIED retains sole and absolute discretion and
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`control over all strategy decisions (including any decision to continue or terminate
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`UNIFIED’s participation). UNIFIED is also solely responsible for paying for the
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`preparation, filing, and prosecution of any post-grant proceeding, including any
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`expenses associated with the proceeding.
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`In THE INSTANT IPR, UNIFIED exercised its sole discretion and control
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`in deciding to file this PETITION against the ’379 PATENT, including paying for
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`all fees and expenses. UNIFIED shall exercise sole and absolute control and
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`discretion of the continued prosecution of THE INSTANT IPR (including any
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`decision to terminate UNIFIED’s participation) and shall bear all subsequent costs
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`related to THE INSTANT IPR.
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`INTERROGATORY NO. 2:
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`IPR2017-01039 Voluntary Interrogatory Responses
`U.S. Patent 7,231,379
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`Identify any individuals acting for or on behalf of any entity other than
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`UNIFIED’s counsel that participated or assisted in any way with the financing,
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`preparation, editing, prior review, approval, or filing of the PETITION.
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`RESPONSE NO. 2:
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`UNIFIED states that no such individuals exist. UNIFIED further states that
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`no individuals other than UNIFIED’s employees and its counsel had any prior
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`knowledge of the filing of THE INSTANT IPR.
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`As stated in response to Interrogatory No. 1, in THE INSTANT IPR,
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`UNIFIED exercised its sole discretion and control in deciding to file the
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`PETITION against the ’379 PATENT, including paying for all fees and expenses.
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`UNIFIED shall exercise sole and absolute control and discretion of the continued
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`prosecution of THE INSTANT IPR (including any decision to terminate
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`UNIFIED’s participation) and shall bear all subsequent costs related to THE
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`INSTANT IPR.
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`UNIFIED further states that its MEMBERS do not get to participate in any
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`way in UNIFIED’s deterrent activities. UNIFIED does not receive input from its
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`MEMBERS, and does not give them an opportunity to participate in or an
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`opportunity to even know that UNIFIED is contemplating filing an IPR before the
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`IPR is filed. In THE INSTANT IPR, none of UNIFIED’s MEMBERS had any
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`prior knowledge of, or involvement in, the preparation and filing of THE
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`IPR2017-01039 Voluntary Interrogatory Responses
`U.S. Patent 7,231,379
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`PETITION or THE INSTANT IPR.
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`INTERROGATORY NO. 3:
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`Identify payments by any entity to UNIFIED relating to the financing of
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`THE INSTANT IPR.
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`RESPONSE NO. 3:
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`UNIFIED states that no such payments exist.
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`UNIFIED states that its MEMBERS pay only a yearly subscription fee to a
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`specific technology zone, and in return, UNIFIED performs its many NPE-
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`deterrent activities. UNIFIED’s MEMBERS do not pay any fees designated for
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`IPRs, let alone for IPRs against specific patents. It is UNIFIED and UNIFIED
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`alone that determines how to spend its money. UNIFIED independently selects
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`which patents to target based on the perceived deterrent value to a technology
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`zone. Based on its own analysis, UNIFIED determines which patents are worth
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`pursuing in terms of filing an IPR or performing some other activity. UNIFIED’s
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`decisions to file an IPR are made independently without the input, assistance, or
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`approval of its MEMBERS. UNIFIED states that there are no explicit or implicit
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`agreements with its MEMBERS about UNIFIED performing any particular
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`deterrent strategy, including THE INSTANT IPR.
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`IPR2017-01039 Voluntary Interrogatory Responses
`U.S. Patent 7,231,379
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`Unified Patents Inc.
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`
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`By: _/s/ Jason R. Mudd______________
`Jason R. Mudd, Reg. No. 57,700
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, KS 66201
`Tel: (931) 777-5600
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`IPR2017-01039 Voluntary Interrogatory Responses
`U.S. Patent 7,231,379
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`VERIFICATION
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`I, Kevin Jakel, state that I am CEO of Unified Patents Inc., and that I am
`authorized to make this verification for and on its behalf. I certify that I have read
`the foregoing Interrogatory responses, and that the responses are true and accurate
`to the best of my own knowledge, information, and belief. Further, I make this
`verification with the knowledge that willful false statements and the like so made
`are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of
`the United States Code and that such willful false statements may jeopardize the
`results of these proceedings.
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` declare under penalty of perjury that the foregoing is true and correct.
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` I
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`
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`By:
`Kevin Jakel
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