throbber
IPR2017-01430 Voluntary Interrogatory Responses
`Patent 5,978,951
`
`DOCKET NO.: 2211726-0014(cid:24)
`Filed on behalf of Unified Patents Inc.
`By: David L. Cavanaugh, Reg. No. 36,476
`Daniel V. Williams, Reg. No. 45,221
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: David.Cavanaugh@wilmerhale.com
`Roshan Mansinghani, Reg. No. 62,429
`Jonathan Stroud, Reg. No. 72,518
`Unified Patents Inc.
`1875 Connecticut Ave. NW, Floor 10
`Washington, DC, 20009
`Tel: (202) 805-8931
`Email: jonathan@unifiedpatents.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________________
`
`UNIFIED PATENTS INC.
`Petitioner
`v.
`PLECTRUM LLC
`Patent Owner
`IPR2017-01430
`Patent 5,978,951
`
`PETITIONER’S VOLUNTARY INTERROGATORY RESPONSES
`
`UNIFIED 1020
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 1 of 16
`
`

`

`IPR2017-01430 Voluntary Interrogatory Responses
`Patent 5,978,951
`Petitioner, Unified Patents Inc., provides the following voluntary
`
`interrogatory responses.
`
`A.
`
`B.
`
`DEFINITIONS
`
`’951 PATENT means U.S. Patent 5,978,951.
`
`COMMUNICATIONS means the transmission or receipt of information of
`
`any kind through any means (e.g., e-mail, text message, voicemail, audio,
`
`computer readable media, or orally).
`
`C. MEMBER means any company that participates in UNIFIED’s solution and
`
`D.
`
`E.
`
`F.
`
`MEMBERS means all such companies.
`
`IPR means inter partes review.
`
`THE INSTANT IPR means this proceeding.
`
`PETITION means the petition, including the exhibits thereto, for THE
`
`INSTANT IPR.
`
`G.
`
`UNIFIED means Unified Patents Inc. and includes any shareholder, officer,
`
`director, employee, agent, representative, privies, intermediaries, or other
`
`individual authorized to act on behalf of Unified Patents Inc.
`
`H.
`
`USPTO means the United States Patent and Trademark Office.
`
`1
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 2 of 16
`
`

`

`IPR2017-01430 Voluntary Interrogatory Responses
`Patent 5,978,951
`
`RESPONSES TO INTERROGATORIES
`
`INTERROGATORY NO. 1:
`
`Identify any COMMUNICATIONS between UNIFIED and any entity other
`
`than its counsel relating to the financing, preparation, editing, prior review, or
`
`approval of the PETITION.
`
`RESPONSE NO. 1:
`
`UNIFIED states that no such communications exist.
`
`UNIFIED states that it was founded by intellectual property professionals
`
`over concerns with the increasing risk of non-practicing entities (NPEs) asserting
`
`patents of poor quality against strategic technologies and industries. The founders
`
`thus created a first-of-its-kind company whose sole purpose is to deter NPE litigation
`
`by protecting technology sectors. Companies in a technology sector subscribe to
`
`UNIFIED’s technology-specific deterrence, and in turn, UNIFIED performs many
`
`NPE-deterrent activities, such as analyzing the technology sector and monitoring
`
`patent activity (including patent ownership and sales, NPE demand letters and
`
`litigation, and industry companies). UNIFIED’s monitoring activities allows it to
`
`identify patents, perform prior art research, analyze invalidity, and to sometimes file
`
`reexaminations or IPRs against some patents.
`
`UNIFIED states that it has sole and absolute discretion over its decision to
`
`contest patents through the USPTO’s post-grant proceedings. Based on its own
`
`2
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 3 of 16
`
`

`

`IPR2017-01430 Voluntary Interrogatory Responses
`Patent 5,978,951
`analysis, UNIFIED determines which patents are worth pursuing in terms of
`
`searching for prior art or taking action, including filing an IPR. UNIFIED’s
`
`decisions to file an IPR are made independently without the input, assistance, or
`
`approval of its MEMBERS. Should UNIFIED decide to challenge a patent in a post-
`
`grant proceeding, UNIFIED controls every aspect of such a challenge, including
`
`controlling which patent and claims to challenge, which prior art to apply and the
`
`grounds raised in the challenge, and when to bring any challenge.
`
`MEMBERS receive no prior notice of UNIFIED’s patent challenges. After
`
`filing a post-grant proceeding, UNIFIED retains sole and absolute discretion and
`
`control over all strategy decisions (including any decision to continue or terminate
`
`UNIFIED’s participation). UNIFIED is also solely responsible for paying for the
`
`preparation, filing, and prosecution of any post-grant proceeding, including any
`
`expenses associated with the proceeding.
`
`In THE INSTANT IPR, UNIFIED exercised its sole discretion and control in
`
`deciding to file this PETITION against the ’951 PATENT, including paying for all
`
`fees and expenses. UNIFIED shall exercise sole and absolute control and discretion
`
`of the continued prosecution of THE INSTANT IPR (including any decision to
`
`terminate UNIFIED’s participation) and shall bear all subsequent costs related to
`
`THE INSTANT IPR.
`
`3
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 4 of 16
`
`

`

`IPR2017-01430 Voluntary Interrogatory Responses
`Patent 5,978,951
`
`INTERROGATORY NO. 2:
`
`Identify any individuals acting for or on behalf of any entity other than
`
`UNIFIED’s counsel that participated or assisted in any way with the financing,
`
`preparation, editing, prior review, approval, or filing of the PETITION.
`
`RESPONSE NO. 2:
`
`UNIFIED states that no such individuals exist. UNIFIED further states that
`
`no individuals other than UNIFIED’s employees and its counsel had any prior
`
`knowledge of the filing of THE INSTANT IPR.
`
`As stated in response to Interrogatory No. 1, in THE INSTANT IPR,
`
`UNIFIED exercised its sole discretion and control in deciding to file the PETITION
`
`against the ’951 PATENT, including paying for all fees and expenses. UNIFIED
`
`shall exercise sole and absolute control and discretion of the continued prosecution
`
`of THE INSTANT IPR (including any decision to terminate UNIFIED’s
`
`participation) and shall bear all subsequent costs related to THE INSTANT IPR.
`
`UNIFIED further states that its MEMBERS do not get to participate in any
`
`way in UNIFIED’s deterrent activities. UNIFIED does not receive input from its
`
`MEMBERS, and does not give them an opportunity to participate in or an
`
`opportunity to even know that UNIFIED is contemplating filing an IPR before the
`
`IPR is filed. In THE INSTANT IPR, none of UNIFIED’s MEMBERS had any prior
`
`4
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 5 of 16
`
`

`

`IPR2017-01430 Voluntary Interrogatory Responses
`Patent 5,978,951
`knowledge of, or involvement in, the preparation and filing of THE PETITION or
`
`THE INSTANT IPR.
`
`INTERROGATORY NO. 3:
`
`Identify payments by any entity to UNIFIED relating to the financing of THE
`
`INSTANT IPR.
`
`RESPONSE NO. 3:
`
`UNIFIED states that no such payments exist.
`
`UNIFIED states that its MEMBERS pay only a yearly subscription fee to a
`
`specific technology zone, and in return, UNIFIED performs its many NPE-deterrent
`
`activities. UNIFIED’s MEMBERS do not pay any fees designated for IPRs, let
`
`alone for IPRs against specific patents. It is UNIFIED and UNIFIED alone that
`
`determines how to spend its money. UNIFIED independently selects which patents
`
`to target based on the perceived deterrent value to a technology zone. Based on its
`
`own analysis, UNIFIED determines which patents are worth pursuing in terms of
`
`filing an IPR or performing some other activity. UNIFIED’s decisions to file an IPR
`
`are made independently without the input, assistance, or approval of its MEMBERS.
`
`5
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 6 of 16
`
`

`

`IPR2017-01430 Voluntary Interrogatory Responses
`Patent 5,978,951
`UNIFIED states that there are no explicit or implicit agreements with its
`
`MEMBERS about UNIFIED performing any particular deterrent strategy, including
`
`THE INSTANT IPR.
`
`Unified Patents Inc.
`
`By(cid:29) (cid:18)(cid:39)(cid:68)(cid:89)(cid:76)(cid:71) (cid:47)(cid:17) (cid:38)(cid:68)(cid:89)(cid:68)(cid:81)(cid:68)(cid:88)(cid:74)(cid:75)(cid:18)
`David L. Cavanaugh, Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: David.Cavanaugh@wilmerhale.com
`
`6
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 7 of 16
`
`

`

`IPR201 7-0 1430 Voluntary Interrogatory Responses
`Patent 5,978,951
`
`VERIFICATION
`
`
`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.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`By: KW aw
`
`evin Jak
`
`Unified Patents v. Fall Line
`
`|PR2018-00043
`Unified EX1027
`
`Page 8 of 16
`
`7
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Unified Patents Inc.,
`
`Petitioner
`
`V.
`
`Nonend Inventions N.V.,
`Patent Owner
`
`IPR2016-00174
`
`Patent 8,090,862
`
`PETITIONER’S VOLUNTARY INTERROGATORY RESPONSES
`
`
`
`Unified Patents v. Fall Line
`
`|PR2018—OOO43 ’
`Unified EX1027
`
`Page 9 of,16
`
`-1-
`
`UNIFIED 1007
`
`-1-
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 9 of 16
`
`

`

`Petitioner, Unified Patents Inc.,‘ provides the following voluntary
`
`interrogatory responses.
`
`DEFINITIONS
`
`A. ’862 PATENT means US. Patent No. 8,090,862.
`
`B. COMMUNICATIONS means the transmission or receipt of information of
`
`any kind through any means (e.g., email, text message, voicemail, audio,
`
`computer readable media, or orally),
`
`C. MEMBER means any company that participates in UNIFIED’S solution and
`
`MEMBERS means all such companies.
`
`‘ D. IPR means inter partes review.
`
`E. THE INSTANT IPR means this proceeding.
`F. PETITION means the petition, including the exhibits thereto, for THE
`
`INSTANT IPR.
`
`G. UNIFIED means Unified Patents, Inc. and includes any shareholder, officer,
`
`director, emplOyee, agent, representative, privies, intermediaries or other
`individual authorized to act on behalf of,Unified Patents, Inc.
`
`H. USPTO means the United States Patent and Trademark Office.
`
`Unified Patents v. Fall Line
`
`'IPR2018—OOO43
`Unified EX1027
`
`Page 10 of 16
`
`-2-
`
`-2-
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 10 of 16
`
`

`

`RESPONSES TO INTERROGATORIES
`
`INTERROGATORY NO. 1:
`
`Identify any COMMUNICATIONS between UNIFIED and any entity other than
`
`its counsel relating to the financing, preparation, editing,prior review, or approval
`
`of the PETITION.
`
`RESPONSE NO. 1:
`
`Unified Patents states that no such communications exist.
`
`Unified Patents states that-it was founded by intellectual property
`
`professionals over concerns with the increasing risk of non—practicing entities
`
`(NPEs) asserting poor quality patents against strategic technologies and industries.
`
`The founders thus created a first—of—its-kind company whose sole purpose is to
`
`deter NPE litigation by protecting technology sectors, like streaming content
`
`delivery, the technology at issue in the ’862 patent. Companies in a technology
`
`sector subscribe to Unified Patents’ technology specific deterrence, and in turn,
`
`Unified Patents performs many NPE—deterrent activities, such as analyzing the
`
`technology sector and monitoring patent activity (including patent ownership and
`
`sales, NPE demand letters and litigation, and industry companies). Unified
`
`Patents’ monitoring activities allow it to identify patents, perform prior art
`
`Unified Patents v. Fall Line
`
`|PR2018—OOO43
`Unified EX1027
`
`Page 11 of 16
`
`-3-
`
`-3-
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 11 of 16
`
`

`

`research, analyze invalidity, and to sometimes file reexams or IPRs against some
`
`patents.
`
`Unified Patents states that
`
`it has sole and absolute discretion over its
`
`decision to contest patents through the USPTO’s post—grant proceedings. Based on
`its own analysis, Unified Patents determines which patents are worth pursuing in
`
`terms. of searching for prior art or taking action, including filing an IPR. Unified
`
`Patents’ decisions to file an IPR are made independently without
`
`the input,
`
`assistance or approval of its MEMBERS.
`
`Should Unified Patents decide to
`
`challenge a patent in a post—grant proceeding, Unified Patents controls every aspect
`
`of such a challenge, including controlling which patent and claims to challenge,
`
`which prior art to apply and the grounds raised in the challenge, and when to bring
`
`any challenge.
`
`v MEMBERS receive no prior notice of Unified Patents’ patent challenges.
`
`After filing a post—grant proceeding, Unified Patents retains sole and absolute
`
`discretion and control over all strategy decisions (including any decision to
`
`continue or terminate Unified Patents’ participation).. Unified Patents is also-solely
`
`responsible for paying for the preparation, filing, and prosecution of any post—grant
`
`proceeding, including any expenses associated with the proceeding.
`
`In THE INSTANT IPR, Unified Patents exercised its sole discretion and
`
`control in deciding to file this PETITION against the ’862 patent, including paying
`
`Unified Patents v. Fall Line
`
`|PR2018—OOO43
`Unified EX1027
`
`Page 12 of 16
`
`.
`
`-4-
`
`-4-
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 12 of 16
`
`

`

`for all fees and expenses. Unified Patents shall exercise sole and absolute control
`
`and discretion of the continued prosecution of this proceeding (including any
`
`decision to terminate Unified Patents’ participation) and shall bear all subsequent
`
`costs relatedto this proceeding.
`
`INTERROGATORY NO. 2:
`
`Identify any individuals acting for or on behalf of
`
`any entity other than UNIFIED’S counsel that participated or assisted in any way
`
`with the financing, preparation, editing, prior review, approval, or filing of the
`
`PETITION.
`
`RESPONSE NO. 2:
`
`Unified Patents states that no such individuals exist. Unified Patents fiirther
`
`states that no individuals other than Unified Patents’ employees and its counsel had
`
`any prior knowledge of the filing of THE INSTANT IPR.
`
`As stated in response to Interrogatory No. l, in the instant proceeding,
`
`Unified Patents exercised its sole discretion and control in deciding to file this
`
`petition against the ’862 patent, including paying for all fees and expenses.
`
`Unified Patents shall exercise sole and absolute control and discretion of the
`
`continued prosecution of this proceeding (including any decision to terminate
`
`Unified Patents’ participation) and shall bear all subsequent costs related to this
`
`proceeding.
`
`Unified Patents v. Fall Line
`
`|PR2018—OOO43
`Unified EX1027
`
`Page 13 of 16
`
`-5-
`
`-5-
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 13 of 16
`
`

`

`‘ Unified Patents further states that its MEMBERS do not get to participate in
`
`any way in Unified Patents’ deterrent activities. Unified Patents does not receive
`
`input from its MEMBERS, nor give them an opportunity to participate or an
`
`opportunity to even know that Unified Patents is contemplating filing an IPR
`before the IPR is filed. In the instant proceeding, none of Unified Patents’
`
`MEMBERS had any prior knowledge of, or involvement in, the preparation and
`
`filing of THE INSTANT IPR.
`
`INTERROGATORY NO. 3:
`
`Identify payments by any entity to UNIFIED relating to the financing of THE
`
`INSTANT IPR.
`
`RESPONSE NO. 3:
`
`Unified Patents states that no such payments exist.
`
`I Unified Patents states that its MEMBERS pay only a yearly subscription fee to a
`
`specific technology zone, and in return, Unified Patents performs its many NPE—
`deterrent activities. Unified Patents’ MEMBERS do not pay any fees designated for
`
`IPRs, let alone for IPRs against specific patents. It is Unified Patents and Unified
`
`Patents alone that determines how to spend its money. Unified Patents independently
`selects which patents to target based on the perceived deterrent value to a technology
`
`zone. Based on its own analysis, Unified Patents determines which patents are worth
`
`Unified Patents v. Fall Line
`
`|PR2018—OOO43
`Unified EX1027
`
`Page 14 of 16
`
`,
`
`-6—
`
`-6-
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 14 of 16
`
`

`

`pursuing in terms of filing an IPR or performing some other activity. Unified Patents’
`
`decisions to file an IPR are made independently without the input, assistance, or
`
`approval of its MEMBERS. Unified Patents states that there are no explicit or implicit
`
`agreements with its MEMBERS about Unified Patents’ performing any particular
`
`deterrent strategy, including THE INSTANT IPR.
`
`
`
`1875 Pennsylvania Ave, NW
`Washington, DC 20006
`Tel: (202) 663—6000
`
`Unified Patents v. Fall Line
`
`|PR2018—OOO43
`Unified EX1027
`
`Page 15 of 16
`
`-7-
`
`-7-
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 15 of 16
`
`

`

`VERIFICATION
`
`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.
`
`‘I declare under penalty of perjury that the foregoing is true and correct.
`
`rrrrrr
`
`I
`
`By: K‘2;
`
`l Vinjakel
`
`Unified Patents v. Fall Line
`
`|PR2018—OOO43
`Unified EX1027
`
`Page 16 of 16
`
`-8-
`-
`
`-8-
`
`Unified Patents v. Fall Line
`IPR2018-00043
`Unified EX1027
`Page 16 of 16
`
`

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