UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`UNIFIED PATENTS INC.
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`Petitioner
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`v.
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`VILOX TECHNOLOGIES LLC.
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`Patent Owner
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`____________________
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`Case IPR2018-00044
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`Patent No. 7,302,423
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`____________________
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`DECLARATION OF LUCILLE MARIE DE BELLIS
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`Exhibit 2022 / Page 1 of 10
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`UNIFIED PATENTS INC.
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`Petitioner
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`v.
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`VILOX TECHNOLOGIES LLC.
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`Patent Owner
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`____________________
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`Case IPR2018-00044
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`Patent No. 7,302,423
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`____________________
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`DECLARATION OF LUCILLE MARIE DE BELLIS
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`Exhibit 2022 / Page 1 of 10
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`Case IPR2018-00044
`Patent No. 7,302,423
`Declaration of Lucille Marie De Bellis
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`I, Lucille Marie De Bellis, declare as follows:
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`1.
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`My name is Lucille Marie (“Missy”) De Bellis, and I live in Palm Beach, Florida. I
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`am over the age of 18, and I make this declaration based on my personal
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`knowledge.
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`2.
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`I make this Declaration in support of Patent Owner’s Response in the matter of
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`IPR2018-00044.
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`3.
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`I am not being compensated for this Declaration. I hold no interest in Vilox, LLC
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`or in the patent that I understand is the subject of this matter.
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`4.
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`From February 1997 through December 2002, I was employed as Office Manager
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`for the medical practice of Dr. Joseph L. De Bellis, which operated out of the office
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`located at 80 Sanford Place, Southampton, NY. In that capacity, I was responsible
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`for managing the medical practice and was also a patient advocate. My duties
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`included making purchases at the direction of Dr. De Bellis and handling payments
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`for goods and services purchased on behalf of Dr. De Bellis.
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`5.
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`During the course of my employment as Office Manager, I lived in a second-floor
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`apartment of the medical office building. I was therefore aware of activities
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`occurring in the office, including after regular business hours.
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`6.
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`In early 1999, we were using a Quicken database product to support Dr. De Bellis’
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`medical practice. Dr. De Bellis wanted to be able to search and sort data according
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`to any topic or term, rather than being constrained by the existing database
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`software. I specifically recall Dr. De Bellis discussing his concepts of the system
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`Exhibit 2022 / Page 2 of 10
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`Case IPR2018-00044
`Patent No. 7,302,423
`Declaration of Lucille Marie De Bellis
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`he envisioned in January 1999 because it was around the time of my birthday,
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`which is January 28.
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`7.
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`Dr. De Bellis described that he wanted to be able to make different views of the
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`data, what he referred to as “rolling and tumbling” the data. He also said that he
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`wanted to “truncate” database entries to allow more intuitive searching and sorting
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`of the data.
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`8.
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`As he continued to work on the design, Dr. De Bellis used terms such as “drilling
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`down,” “hyper-specificity” and “hyper-classification” to describe the process and
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`system he envisioned. Thus, our initial discussions centered around concepts
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`related to truncation, drop down menus, arranging data in a database to make
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`searching for the data more intuitive, and to “rolling and tumbling data.” Dr. De
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`Bellis said the goal was to arrive at the same result starting at different spots. Dr.
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`De Bellis referred to this process and system as “search-on-the-fly.”
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`9.
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`For the next several months following our initial conversations in early 1999, Dr.
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`De Bellis tried to adapt various off-the-shelf software products to improve search
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`and storage of patient data, including trying to adapt Quicken and Excel for that
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`purpose. However, Dr. De Bellis found these products to be unadaptable and
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`unable to perform the functionality he envisioned.
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`10.
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`In May 1999, Dr. De Bellis began an effort to design a software tool that would
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`embody his concepts and that could be used in his medical practice, with an initial
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`focus on “rolling and tumbling” data in a database as well as different truncation
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`schemes that would take advantage of the human mind’s ability to recognize data
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`Exhibit 2022 / Page 3 of 10
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`Case IPR2018-00044
`Patent No. 7,302,423
`Declaration of Lucille Marie De Bellis
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`as superior to the mind’s ability to recall data. However, as was typical with Dr. De
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`Bellis’ medical practice, late May to mid-September was the busiest time of year
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`as the population in the Hamptons increased ten-fold, and Dr. De Bellis was one
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`of only two plastic surgeons in eastern Long Island. Dr. De Bellis typically worked
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`every day during this period, either seeing patients at his medical office or
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`performing surgery at Southampton Hospital, where he was an attending surgeon.
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`Despite his hectic summer schedule, Dr. De Bellis continued to develop his search-
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`on-the-fly concepts, frequently sharing with me his progress and his frustrations.
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`11.
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`In August 1999, his frustrations mounting, Dr. De Bellis discussed his concepts
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`with a computer programmer, Adriano Freire, and hired Mr. Freire as an employee
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`of his medical practice for the sole and specific purpose of writing a computer
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`program according to Dr. De Bellis’ concepts. As Office Manager, I was aware of
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`all hires. From this point forward, Mr. Freire worked full-time during the week, in
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`the office building in which I worked and lived, and often worked on weekends. Dr.
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`De Bellis also worked days, nights, and weekends, with Mr. Freire, when he was
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`not in surgery, to develop a working example of his search-on-the-fly process and
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`system.
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`12. Dr. De Bellis made several purchases of software programs, computing devices,
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`storage devices and other materials needed by Mr. Freire for the project. As Office
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`Manager, I paid all the bills associated with these purchases, received the
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`shipments, opened the boxes and logged the equipment into a Quicken account
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`along with an indication of its purpose. I specifically remember the purchases
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`Exhibit 2022 / Page 4 of 10
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`Case IPR2018-00044
`Patent No. 7,302,423
`Declaration of Lucille Marie De Bellis
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`because when Mr. Freire began working on the software, I began processing bills
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`for computer equipment and software that were much more frequent and larger in
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`amount than those for computer and software that had previously been purchased
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`for Dr. De Bellis’ practice.
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`13.
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`I have viewed the various documents identified as Figures 1 - 12 in the January
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`25, 2018 Declaration of Dr. De Bellis. Many are invoices for advanced computer
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`hardware shipped to the medical office (80 Sanford Place) to be used by Mr. Freire,
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`and my handwriting, or that of one of the other medical practice employees whom
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`I supervised, annotates many of the invoices. These are the purchases for which
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`I processed the payments as mentioned above.
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`14.
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`I recall that the following invoices were for purchases directly related to the work
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`Dr. De Bellis and Mr. Freire did in connection with development of Dr. De Bellis’
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`search-on-the-fly system:
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`a.
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`Zones Business Solutions receipt in the amount of $1525.09, dated
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`September 27, 1999, reproduced in Dr. De Bellis’ Declaration as Figure 2.
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`I recognize the handwriting on the receipt as that of Annemarie Smith, who
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`was another employee of the medical practice. I worked closely with and
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`supervised Annemarie Smith in the backoffice operations of the medical
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`practice.
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`b.
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`Staples receipt in the amount of $55.77, dated October 5, 1999, reproduced
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`in Dr. De Bellis’ Declaration as Figure 3. I recognize the handwriting on the
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`receipt as that of Tara Smith. Tara Smith is Annemarie Smith’s daughter
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`Exhibit 2022 / Page 5 of 10
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`Case IPR2018-00044
`Patent No. 7,302,423
`Declaration of Lucille Marie De Bellis
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`and was another employee of the medical practice. As with Annemarie
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`Smith, I worked closely with and supervised Tara Smith in the backoffice
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`operations of the medical practice.
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`c.
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`PCUpgrades.com receipt in the amount of $714.66, dated October 5, 1999,
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`reproduced in Dr. De Bellis’ Declaration as Figure 8.
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`d.
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`Staples receipt in the amount of over $751.00, dated October 5, 1999,
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`reproduced in Dr. De Bellis’ Declaration as Figure 12. I recognize the
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`handwriting on the receipt as that of Tara Smith.
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`e.
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`Buy.com receipt in the amount of $178.79, dated October 9, 1999,
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`reproduced in Dr. De Bellis’ Declaration as Figure 4. I recognize my
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`handwriting on the receipt.
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`f.
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`Buy.com receipt in the amount of $1365.11, dated October 13, 1999,
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`reproduced in Dr. De Bellis’ Declaration as Figure 5. I recognize my
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`handwriting on the receipt.
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`g.
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`Buy.com receipt in the amount of $271.09, dated October 15, 1999,
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`reproduced in Dr. De Bellis’ Declaration as Figure 6. I recognize my
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`handwriting on the receipt.
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`h.
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`Compaq invoice in the amount of $1878.00, dated October 18, 1999,
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`reproduced in Dr. De Bellis’ Declaration as Figure 9.
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`i.
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`JDR Microdevices invoice in the amount of $39.96, dated October 25, 1999,
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`reproduced in Dr. De Bellis’ Declaration as Figure 11.
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`Exhibit 2022 / Page 6 of 10
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`Case IPR2018-00044
`Patent No. 7,302,423
`Declaration of Lucille Marie De Bellis
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`j.
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`Computers4Sure.com receipt in the amount of $854.30, dated October 29,
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`1999, reproduced in Dr. De Bellis’ Declaration as Figure 10.
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`k.
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`Buy.com receipt in the amount of $100.14, dated October 20, 1999,
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`reproduced in Dr. De Bellis’ Declaration as Figure 7. I recognize my
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`handwriting on the receipt.
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`15.
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`I also recognize additional purchases directly related to Dr. De Bellis’ work in
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`developing his search-on-the-fly system in the credit card statement that is
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`reproduced as Figure 1 in Dr. De Bellis’ Declaration. These additional purchases
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`include those made from Buy.com (apart from those I have separately listed),
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`Gateway.com, and Sony Vaio Online in September-December 1999.
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`16.
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`Throughout the September-November 1999 timeframe, I witnessed the progress
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`made by Dr. De Bellis and Mr. Freire in developing the search-on-the-fly system.
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`I recall that Dr. De Bellis and Mr. Freire would frequently become excited about
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`their progress and insist upon showing me what they had done.
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`17.
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`In September 1999, shortly after hiring Mr. Freire, Dr. De Bellis decided he should
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`seek patent protection for his search-on-the-fly process and system. In early
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`October 1999, Dr. De Bellis spoke with Walter Mondale, at the time a partner at
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`Dorsey & Whitney LLP in Minneapolis, MN, and asked his advice. Shortly
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`thereafter, a Dorsey & Whitney LLP patent attorney contacted Dr. De Bellis to
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`discuss obtaining patent protection. Dr. De Bellis sent Dorsey & Whitney LLP a
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`retainer check for $1,000 on November 1. I wrote the check, and Dr. De Bellis
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`signed it. The check is reproduced as Figure 14 in Dr. De Bellis’ Declaration.
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`Exhibit 2022 / Page 7 of 10
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`Case IPR2018-00044
`Patent No. 7,302,423
`Declaration of Lucille Marie De Bellis
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`18.
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`In October 1999, Dr. De Bellis discussed with me the idea of forming a software
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`company that could be used to produce and market a commercial version of his
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`search-on-the-fly software. In this month, Dr. De Bellis formed Virtual Logistix, Inc.
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`for this purpose, and made Mr. Freire an employee of Virtual Logistix, Inc. I
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`continued to work for the medical practice and also became the Operations
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`Manager (Office Manager) for Virtual Logistix.
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`19. By November 1999, Dr. De Bellis and Mr. Freire had created a database of movies
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`and demonstrated how the database could be searched using the search-on-the-
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`fly process and system. The system used recognition rather than recall as the
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`basis for its operation. Thus, a user could find the desired results from any starting
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`point, such as searching the first name even if the last name was unknown.
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`20. As noted above, Dr. De Bellis continued to purchase computer equipment and
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`software to use in developing his search-on-the-fly process and system. In
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`addition to those identified in the credit card statement reproduced as Figure 1 in
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`Dr. De Bellis’ Declaration, the following are examples of invoices and receipts for
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`such purchases in December 1999:
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`a.
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`Warehouse.com receipt in the amount of $3315.35, dated December 10,
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`1999, which is being submitted with my declaration as Exhibit 2023.
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`b.
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`Tallgrass Technologies receipt in the amount of $1967.00, dated December
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`15, 1999, which is being submitted with my declaration as Exhibit 2024.
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`The purchaser is listed as Adriano Freire of Vitual Logistix, which is the
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`company formed by Dr. De Bellis following the discussion described above.
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`Exhibit 2022 / Page 8 of 10
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`Case IPR2018-00044
`Patent No. 7,302,423
`Declaration of Lucille Marie De Bellis
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`21. Dr. De Bellis and Mr. Freire met with two patent attorneys from Dorsey & Whitney
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`LLP in Dr. De Bellis’ medical office in early December 1999. I made the
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`arrangements for the trip and briefly met the attorneys. I remember the visit
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`occurred before my mother’s birthday, which is December 14.
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`22. During the December 1999 visit, Dr. De Bellis demonstrated a fully functional
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`version of his search-on-the-fly process and system. Submitted concurrently with
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`my declaration as Exhibit 2025 is Figure 10 to U.S. Patent 6,760,720. I recognize
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`Figure 10 to be a reproduction of a screenshot of the search-on-the-fly system
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`developed and demonstrated by Dr. De Bellis and Mr. Freire. I recognize it
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`because I specifically recall Mr. Freire importing data from the telephone book for
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`purposes of demonstrating the search-on-the-fly software.
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`23. Dr. De Bellis and Mr. Freire prepared a CD containing a copy of the search-on-the-
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`fly system that was demonstrated to the attorneys. Submitted concurrently with
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`my declaration as Exhibit 2026 is a copy of the December 28, 1999 letter from Dr.
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`De Bellis to John Harrop, one of the patent attorneys, forwarding the CD that Dr.
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`De Bellis and Mr. Freire had created containing the copy of the search-on-the-fly
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`system as demonstrated during the meeting in early December.
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`24. Below the signature line on the December 28 letter (Exhibit 2026) are the initials
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`“JLD/mq.” “JLD” are the initials of Dr. De Bellis and “mq” are my initials. I went by
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`my married name at that time, which was Missy Quinlin. These initials confirm that
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`I prepared the letter for Dr. De Bellis’ signature. I also recognize the handwriting
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`at the bottom of the letter (correcting the area code for the Southampton office’s
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`Exhibit 2022 / Page 9 of 10
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`Case IPR2018-00044
`Patent No. 7,302,423
`Declaration of Lucille Marie De Bellis
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`phone and fax numbers) as that of Tara Smith, another employee with whom I
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`worked closely as described above.
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`25.
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`I understand that the screenshot reproduced in Exhibit C was used as a drawing
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`in support of the first patent application filed on behalf of Dr. De Bellis after the
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`December 1999 visit.
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`26. After the December 1999 visit, Dr. De Bellis and Mr. Freire continued unabated
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`their efforts to refine and produce a commercial version of the search-on-the-fly
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`process and system.
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`27.
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`I declare that all statements made herein based on my own knowledge are true
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`and correct to the best of my knowledge and that I made all statements with the
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`knowledge that willful false statements are punishable by fine or imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code.
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`Date July 7, 2018
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`Lucille M. De Bellis
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`Exhibit 2022 / Page 10 of 10
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