`U.S. Patent No. 8,805,948
`
`UNITED STATES PATENT AND TRADEMARKOFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTEL CORP., CAVIUM, LLC, and DELL INC.,
`Petitioners,
`
`Vv.
`
`ALACRITECH,INC.,
`Patent Owner.
`
`Case IPR2018-00234!
`U.S. Patent No. 8,805,948
`EXHIBIT 1500
`
`DECLARATIONOF ALBERTJ. HARNOIS, JR. IN SUPPORT OF
`PETITIONER CAVIUM, LLC’S SUPPLEMENTAL BRIEF REGARDING
`35 U.S.C.§ 315(b)
`
`EXHIBIT 1500
`
`' Cavium, LLC, whofiled a Petition in Case IPR2018-00403, and Dell Inc., who
`filed a Petition in Case IPR2018-01307, have been joined as petitioners in this
`
`Cavium Ex. 1500.001
`
`
`
`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`I, Albert J. Harnois, Jr., declare:
`
`1.
`
`J have personal knowledgeof the matters set forth in this declaration.
`
`If called as a witness, I could and would competently testify as to these matters.
`
`By submitting this declaration, it is not my intention, nor the intention of Marvell
`
`Semiconductor, Inc. (“MSI”) to waive the attorney client privilege, attorney work
`
`product doctrine, or any other applicable privilege.
`
`2.
`
`JTamcurrently Assistant General Counsel at MSI. Prior to that, I was
`
`Senior Intellectual Property at Cavium,Inc. and Cavium, LLC duringthe relevant
`
`time period. I am the MSIin house attorney managingthe district court case,
`
`Alacritech, Inc. v Century Link,et al., and Intel Corporation and Cavium, LLC.,
`
`Case No. 2:16-cv-00693(Lead Case) (“the Alacritech Litigation”) and related IPR
`
`proceedings (““Alacritech IPR Proceedings.”) When at Cavium,andprior to the
`
`acquisition by Marvell, I wasalso the principal in house attorney managing the
`
`Alacritech litigation and related IPR proceedings.
`
`3.
`
`Cavium solely made the decision to file IPR2018-00401, IPR2018-
`
`00234, and IPR2018-00226 (“Petitions” or “IPR Proceedings”) and onlyforits
`
`ownbenefit. All attorneys’ fees and costs incurred in preparing andfiling the
`
`Petitions have been borne by Petitioner Cavium alone.
`
`Cavium Ex. 1500.002
`
`
`
`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`4,
`
`To the best of my knowledge, Cavium is not defending or
`
`indemnifying Dell for components sold by Cavium accused ofinfringementof the
`
`‘699 Patent by Alacritech becauseit is not asserted in the Alacritech Litigation.
`
`5.
`
`Petitioner Cavium has not received nor agreed to receive any
`
`reimbursement, payment, or other value from Dell related to the filing of the
`
`Petitions. Dell has independent outside counsel and Cavium is not reimbursing
`
`Dell’s outside counsel in the Alacritech Proceedings.
`
`6.
`
`To the best of my knowledge,the relevant sales agreement concerning
`
`indemnification has been produced in the IPR Proceedings, bearing the bates
`
`numbers Cavium_IPR_401(‘699 Patent)000001-000019.
`
`I hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information orbelief are believed to be true;
`
`and further that these statements were made with the knowledgethat willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 or Title 18 of the United States Code and that such willful false
`
`statements may jeopardize the results of these proceedings.
`
`Dated: February 26, 2019
`
`Albert J.
`
`ois, Jr
`
`Cavium Ex. 1500.003
`
`
`
`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on February 26, 2019, a copy of the DECLARATION
`
`OF ALBERT J. HARNOIS, JR. INSUPPORT OF PETITIONER CAVIUM,
`
`LLC’S SUPPLEMENTAL BRIEF REGARDING35 U.S.C. § 315(b) was
`
`served by filing this document through the PTAB’s E2E Filing System as well as
`
`delivering a copy via electronic mail upon the following:
`
`James M.Glass (Reg. No. 46,729)
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Ave., 22nd FI.
`New York, NY 10010
`Tel.: (212) 849-7000
`Email: jimglass@quinnemanuel.com
`
`Joseph M. Paunovich (Reg. No. 59,033)
`Quinn Emanuel Urquhart & Sullivan LLP
`865 S. Figueroa Street, 10th FI.
`Los Angeles, CA 90017
`Tel.: (213) 443-3000
`Email: joepaunovich@quinnemanuel.com
`
`Brian E. Mack (Reg. No. 57,189)
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd FI.
`San Francisco, CA 94111
`Tel.: (415) 875-6600
`Email: brianmack@quinnemanuel.com
`
`Cavium Ex. 1500.004
`
`
`
`Mark Lauer (Reg. No. 36,578)
`Silicon Edge Law Group LLP
`7901 Stoneridge Dr., Ste. 528
`Pleasanton, CA 94588
`Tel.: (925) 621-2121
`Email: mark@siliconedgelaw.com
`
`Dated: February 26, 2019
`
`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`/s/ David T. Xue
`David T. Xue
`Reg. No. 54,554
`
`Cavium Ex. 1500.005
`
`
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