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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`INTEL CORP., and
`CAVIUM, INC.,
`Petitioner,
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`v.
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`ALACRITECH, INC.,
`Patent Owner
`________________
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`Case IPR2017-013921
`U.S. Patent No. 7,337,241
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`PATENT OWNER’S UNOPPOSED MOTION TO ENTER CORRECTED
`RESPONSE AND CORRECTED EXHIBIT 2026
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`1 Cavium, who filed a Petition in Case IPR2017-01728, has been joined as a
`petitioner in this proceeding.
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`Patent Owner Alacritech, Inc. (“PO”) submits this Motion to enter the
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`Corrected Response and the Corrected Exhibit 2026 (Dr. Kevin Almeroth’s
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`Declaration) filed on February 24, 2018. PO also contingently moves to expunge
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`the Original Response and Exhibit 2026 filed on February 23, 2018 should the
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`Board enter the Corrected Response and the Corrected Exhibit 2026. PO and
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`Petitioner have conferred through email, and Petitioner does not oppose this
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`motion.
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`PO filed and served the Corrected Response and the Corrected Exhibit 2026
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`one day after the filing of the original Response after it discovered certain clerical
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`errors. All edits are confined to the Secondary Consideration section, and the
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`corresponding markups are shown below:
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`Markups in the Corrected Response
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`Case No. IPR2017-01392
`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`US. Patent No. 7,337,241
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`W was the subject of several successful commercial licenses
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`to many large network and storage players in the industry, such as Broadcom,
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`IEhelsio, Ernulex, Microsoft, Neterion, NetXen, and QLogic- These licenses
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`generated over $49M in up—fi'ont licensing revenue and sometimes also included
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`additional running royalty payments based on a percentage ofnet revenues of
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`licensed products. (Ex. EGGS) This remarkable commercial success was attributed
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`The industry universallyr praised the-commercial embodiments of the
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`WMenged claims- HP found that the “Alacritech MC is
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`described by the challenged claims, and this fiilure of others therefore has a direct
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`The industry oonsensus was that prior attempts at “TCP offload [have]
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`repeatedly failed.” (Ex. 2041, 2.) Moreover, the prevailing analysis was that the
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`“repeated” failure of TCP offload was the result of the “complexities of deploying
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`TCP offload in practice.” Id. 1While stating that “it might appear _
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`_ that TCP
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`offload is inherently useless,” Mogul concluded “flint past attempts to employ TCP
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`offload were mismatched to the applications in question-” (Iii, E1 2026, 1 152.)
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`The TCP offload described above is aform ofnetwork processing offload that is
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`nexus to the claimed inventions- (Ex 202d, 1 154.)
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`Case No. IPR2017-01392
`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`US. Patent No. 7,337,241
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`Markups in Exhibit 2026
`Markups in Exhibit 2026
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`Petitioner’s infringing products—aad—nomevees—lieeases—te—tbird—paflies. In fact, the
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`offloading and other network acceleration technology described in the challenged
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`claims became the deform standard in network acceleration techniques shortly
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`after its introduction and is still the standard today. Almost every network
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`interface device today supports these network acceleration techniques because of
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`the dramatic benefits provided by claimed technologies-
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`15H.
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`Indeed,the—’24—l—Patentfilacritech“s patent Molio covering network
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`W was the subject of several successful commercial licenses
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`to many large network and storage players in the industry, such as Broadcom,
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`Chelsio, Emulex, Microsoft, Neterion, NetXen, and QLogic- These licenses
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`generated over $59M in up—fiont licensing revenue and sometimes also included
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`additional nmning royalty payments based on a percentage ofnet revenues of
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`licensed products. (Ex. 2MB.) This remarkable commercial success was attributed
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`3-
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`The Claimed Invention Received Praise in the Industry
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`152. The industry universally praised the—commercial embodiments of tlie
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`WMmged claims- I-[P found that the “Alacritech NIC is
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`PO respectfully requests that the Board grant this motion and enter the
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`Corrected Response and the Corrected Exhibit 2026 filed on February 24, 2018,
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`and expunge the original Response and Exhibit 2026 filed on February 23, 2018.
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`Date: February 28, 2018
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` Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that
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`PATENT OWNER’S UNOPPOSED MOTION TO ENTER CORRECTED
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`RESPONSE AND CORRECTED EXHIBIT 2026 was served on February 28,
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`2018 by filing it through the Patent Review Processing System, as well as by e-
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`mailing copies to:
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`Garland T. Stephens (Reg. No. 37,242)
`garland.stephens@weil.com
`intel.alacritech.ipr@weil.com
`WEIL, GOTSHAL & MANGES LLP
`700 LOUISIANA, SUITE 1700
`HOUSTON, TX 77002-2784
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`Anne M. Cappella (Reg. No. 43,217)
`Adrian Percer (Reg. No. 46,986)
`Jeremy Jason Lang (Reg. No. 73,604)
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3141
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
`jason.lang@weil.com
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`Patrick McPherson (Reg. No. 46,255)
`pdmcpherson@duanemorris.com
`505 9th Street, N.W., Suite 1000
`Washington, D.C. 20004
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`Date: February 28, 2018
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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