`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`CISCO SYSTEMS, INC.,
`
`Petitioner
`
`v.
`
`FATPIPE NETWORKS PRIVATE LIMITED
`
`Patent Owner
`
`___________________
`
`Case IPR2017-01845
`
`Patent 6,775,235
`
`_____________________
`
`DECLARATION OF DAVID O’BRIEN
`
`
`
`
`
`
`
`
`
`
`
`Cisco Systems, Inc.
`IPR2017-01845
`Exhibit 1021
`
`
`
`
`
`I, David W. O’Brien, hereby declare as follows:
`
`Declaration of David O’Brien
`IPR2017-01845 (Patent 6,775,235)
`
`
`1. My name is David O’Brien. I am a Partner at Haynes and Boone,
`
`LLP. I make this declaration from my personal knowledge.
`
`2.
`
`I am of-record as back-up counsel for Petitioner Cisco Systems, Inc.
`
`in IPR2017-01845. I was involved in all aspects of the preparation of the petition
`
`for inter partes review, including the search for relevant prior art.
`
`3.
`
`I was not aware of U.S. Patent No. 6,243,754 to Guerin (“Guerin”,
`
`Ex. 1006) prior to my involvement in the analysis of U.S. Patent No. 6,775,235
`
`(“the ’235 Patent”). I began searching for prior art relevant to the ’235 Patent on or
`
`about April 12, 2017. I discovered Guerin in the course of searching for prior art
`
`on or about May 15, 2017. According to Haynes and Boone’s document
`
`management system, I added an Adobe PDF file bearing the name “US6243654
`
`(Guerin)” on May 15, 2017 at 5:04 PM Central Daylight Time. I received the first
`
`analysis of the Guerin reference in light of the ’235 Patent claims on May 16,
`
`2017.
`
`4.
`
`As part of the analysis of the ’235 Patent, Haynes and Boone engaged
`
`a professional search firm, Crown Point Advisors, on May 3, 2017 to search for
`
`prior art relevant to U.S. Patent No. 6,775,235. Crown Point Advisors provided
`
`search results to Haynes and Boone on the following dates in 2017: May 8, May
`
`2
`
`Cisco Systems, Inc.
`IPR2017-01845
`Exhibit 1021
`
`
`
`
`
`17, May 19, May 23, June 2, and June 8. None of the search results provided by
`
`Declaration of David O’Brien
`IPR2017-01845 (Patent 6,775,235)
`
`
`Crown Point Advisors included Guerin.
`
`5.
`
`From the time of Haynes and Boone’s engagement on the analysis of
`
`U.S. Patent No. 6,775,235, to the filing of the Petition, Cisco Systems, Inc. has
`
`been the sole party that requested, provided input, controlled, or directed Haynes
`
`and Boone’s work on IPR2017-01845.
`
`6.
`
`From the time of Haynes and Boone’s engagement on the analysis of
`
`U.S. Patent No. 6,775,235, to the filing of the Petition, I did not communicate with
`
`any personnel from Viptela, Inc. Viptela, Inc. did not provide any input, and did
`
`not direct or control Haynes and Boone’s analysis of U.S. Patent No. 6,775,235,
`
`and played no role in the preparation and filing of the petition. Viptela did not
`
`provide Haynes and Boone with the Guerin reference or any other reference cited
`
`in IPR2017-01845.
`
`7.
`
`I have appeared as record counsel on, or been involved in the
`
`preparation of, over 25 petitions for inter partes review or covered business
`
`method patent review. In my experience, two months is within a typical timeframe
`
`for the preparation and filing of a petition, including full development of suitable
`
`grounds of challenge, evaluation of the grounds with an expert declarant, and
`
`finalizing and filing the petition for review.
`
`
`
`3
`
`Cisco Systems, Inc.
`IPR2017-01845
`Exhibit 1021
`
`
`
`
`
`III. Conclusion
`
`Declaration of David O’Brien
`IPR2017-01845 (Patent 6,775,235)
`
`
`8.
`
`I declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements were made 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.
`
`Executed on this 22nd day of November, 2017.
`
`
`
`/David W. OBrien/
`David W. O’Brien
`Breckenridge, Colorado
`
`
`
`
`4
`
`Cisco Systems, Inc.
`IPR2017-01845
`Exhibit 1021
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
