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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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`CISCO SYSTEMS, INC.,
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`Petitioner,
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`v.
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`FATPIPE NETWORKS PRIVATE LIMITED,
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`Patent Owner.
`______________
`
`Case IPR2017-01845
`U.S. Patent No. 6,775,235
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`____________
`
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`DECLARATION OF SANCHAITA DATTA
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`FatPipe Exhibit 2013, pg. 1
`Cisco v. FatPipe
`IPR2017-01845
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`I, Sanchaita Datta, hereby declare as follows:
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`1. My name is Sanchaita Datta. I am a Co-founder, President,
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`and Chief Technology Officer of FatPipe Networks Private Limited and
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`FatPipe, Inc. (collectively “FatPipe”) I make this declaration from my
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`personal knowledge. All statements concerning the title of Cisco and
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`Viptela employees are made to the best of my recollection, based on
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`information and belief.
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`2.
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`FatPipe is a small disadvantaged business enterprise (DBE)
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`founded by two immigrants (me and my husband, Dr. Ragula Bhaskar).
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`Together, we built FatPipe using our life savings, with a small
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`investment from others. Over the past 15 years, we have grown
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`FatPipe, Inc. into a company with 74 employees in the U.S. We have
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`also acquired 11 U.S. patents covering the technology that goes into
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`FatpPipe’s products. Over the last 18 years, we spent our lifetime
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`developing a technology now called SDWAN to overcome the limitations
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`of routers developed by companies like Cisco, and other telecom
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`companies that sought to dominate the telco market by limiting
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`customers in their choice of telcos. Our technology helps connect
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`multiple low cost lines to reduce costs, without telcos and routers
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`1
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`FatPipe Exhibit 2013, pg. 2
`Cisco v. FatPipe
`IPR2017-01845
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`having to use BGP (Border Gateway Protocol) programming, saving the
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`customer money. Further, our technology eliminates the need for
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`routers to communicate with each other to share routing information.
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`Additionally, our technology decreases overhead cost by reducing the
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`need for a Cisco Certified Engineer to design and implement a corporate
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`WAN. In fact, newer DSL and Ethernet internet connections eliminate the need for
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`a router, which means there are no two routers to talk to each other. FatPipe works
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`with all Internet or Wide Area technologies, whether there is a router at the end, or
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`a modem (DSL, cable, etc.), or no router at all, such as an Ethernet or fiber
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`handoff, obviating the need to program routers to talk to each other to decide paths.
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`This represents a technological leap compared to Cisco’s technology. For the first
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`time, end users have the ability to use multiple internet/WAN connections without
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`the need for a Cisco certified programmer, a revolution called SDWAN.
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`3.
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`FatPipe has met with petitioner Cisco Systems, Inc. on
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`numerous occasions and provided Cisco with information about U.S.
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`Patent Nos. 6,775,235 (“the ’235 patent”) and 7,406, 048 (“the ’048
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`patent”) (collectively, “the targeted patents”) and with notice of
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`FatPipe’s lawsuit against Viptela for infringing the targeted patents.
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`Beginning in January 2014, Dr. Bhaskar met with Ali Sheikh,
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`Corporate Development and Venture Investment Associate at Cisco,
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`2
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`FatPipe Exhibit 2013, pg. 3
`Cisco v. FatPipe
`IPR2017-01845
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`and his team to present FatPipe’s technology in attempt to license the
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`targeted patents to Cisco. As part of the presentation, a PowerPoint—
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`entitled Software Defined Solutions for Mission Critical Clouse Access,
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`Multi line WAN redundancy without BGP Automatic session load
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`balancing and failover for all applications-99.999988% WAN
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`reliability—was presented to provide information about the targeted
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`patents, among other things. Exhibit 2014 is a true and accurate copy of
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`that presentation. Further, on January 8, 2014, following the
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`presentation a copy of the PowerPoint was provided, via email, to Mr.
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`Sheikh. Exhibit 2015 includes a true and accurate copy of the email
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`forwarding the presentation to Mr. Sheikh.
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`4.
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` Again, in October 2015, I was involved in discussions with
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`Liad Ofek and Chandrodaya Prasad of Cisco to setup up a presentation
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`of FatPipe’s technology in an attempt to re-discuss a technology
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`partnership with Cisco. Mr. Ofek and Mr. Prasad were both Directors of
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`Product Management at Cisco. On December 1, 2015, Mr. Prasad and I
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`confirmed a date and time for FatPipe to give a presentation on the
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`technology at issue via Webex—December 3, 2015, at 11:30 a.m.-12:30
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`p.m. PST. That Webex meeting between FatPipe and Cisco took place
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`3
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`FatPipe Exhibit 2013, pg. 4
`Cisco v. FatPipe
`IPR2017-01845
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`as scheduled. Exhibit 2016 includes a true and accurate copy of the
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`email that confirmed the date and time for that Webex meeting. On
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`December 4, 2014, the day after the presentation, I provided Mr.
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`Prasad, via email, the PowerPoint presentation from the meeting, and
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`information on FatPipe’s 11 patents. Exhibit 2017 includes a true and
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`accurate copy of the email that forwarded that presentation to Mr.
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`Prasad. Furthermore, the PowerPoint presentation, entitled FatPipe
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`Networks Corporate Overview, provided information about the targeted
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`patents. Exhibit 2018 is a true and accurate copy of that presentation.
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`5.
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`In February 2016, an investor with high-ranking contacts at
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`Cisco connected Cisco with FatPipe. Shortly afterwards, Dr. Bhaskar
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`sent a Cisco executive an email describing FatPipe’s technology and
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`disclosing that FatPipe owns 11 key U.S. patents. The purpose of this
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`communication was to explore whether Cisco was interested in
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`investing FatPipe or otherwise partnering with respect to FatPipe’s
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`technology.
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`6.
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`In October of 2016, Dr. Bhaskar emailed Cisco to arrange a
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`meeting to discuss partnering on FatPipe’s technology. In response to
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`that email, Matt Carbonara, Director of Strategic Business at Cisco,
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`4
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`FatPipe Exhibit 2013, pg. 5
`Cisco v. FatPipe
`IPR2017-01845
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`responded and Dr. Bhaskar emailed him a presentation. As a result,
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`Mr. Carbonara scheduled a meeting for November 7, 2016, with FatPipe
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`(Dr. Bhaskar and myself), Matt Forester (Venture Investment and
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`Acquisition Associate), and himself. The targeted patents were
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`discussed during the meeting.
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`7.
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`Additionally, Mr. Carbonara arranged a follow-up meeting
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`for December 19, 2016. In an email dated December 15, 2016, Mr.
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`Carbonara expressed that “[i]t would be great if you [Sanchaita Datta]
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`can talk more about the product, particularly SDWAN capabilities as
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`well as customers, use cases and competitive landscape.” Exhibit 2019
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`includes a true and accurate copy of that email. At the meeting, Dr.
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`Bhaskar and I discussed the ’048 and ’235 patents with Mr. Carbonara,
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`as well as the district-court litigation pending against Talari and
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`Viptela for their infringement of those patents. Although direct
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`communications with Cisco had been friendly through this point,
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`Cisco—a $49 billion company with over 74,000 employees and a $60
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`billion bankroll—had consistently tried to bully FatPipe in the
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`marketplace by undercutting the price of FatPipe’s products in order to
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`compete with FatPipe, and as an attempt to dominate the market.
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`5
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`FatPipe Exhibit 2013, pg. 6
`Cisco v. FatPipe
`IPR2017-01845
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`8. On October 3, 2017, Dr. Bhaskar and I had a conference call
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`with Bill Silverio, Senior Corporate Counsel for IP Litigation at Cisco,
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`to discuss settling the Viptela lawsuit and the inter partes review
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`proceedings that Viptela and Cisco initiated against the targeted
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`patents. Mr. Silverio expressed that Cisco would like a license to use
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`FatPipe’s patents without paying any money for the privilege of settling
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`the lawsuit and the IPRs. Mr. Silverio also expressed that if Cisco’s
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`terms were not met, then Cisco would “go after” all of FatPipe’s patents.
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`9.
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`I declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and
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`belief are believed to be true; and further that these statements were
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`made with the knowledge that willful false statements and the like so
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`made are punishable by fine or imprisonment, or both, under Section
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`1001 of Title 18 of the United States Code. I declare under penalty of
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`perjury that the foregoing is true and correct.
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`Executed on this 1st day of December, 2017.
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`/Sanchaita Datta/
`Sanchaita Datta
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`6
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`FatPipe Exhibit 2013, pg. 7
`Cisco v. FatPipe
`IPR2017-01845
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