`______________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`CAVIUM, LLC,
`Petitioner,
`
`v.
`ALACRITECH, INC.,
`Patent Owner.
`______________________
`Case IPR2018-00401
`U.S. Patent No. 7,945,699
`______________________
`EXHIBIT 1310
`DECLARATION OF KARINEH KHACHATOURIAN IN SUPPORT OF
`CAVIUM, LLC’S OPPOSITION TO ALACRITECH, INC.’S MOTION FOR
`ADDITIONAL DISCOVERY
`
`INTEL EX. 1419.001
`
`
`
`IPR2018-00401
`Patent 7,945,699
`
`I, Karineh Khachatourian, declare the following:
`
`1.
`
`I am a partner in the law firm of Rimon, P.C., working in the firm’s
`
`office in Palo Alto, California. In making this declaration, it is not my intention,
`
`nor the intention of Cavium, LLC, to waive the attorney-client privilege, the
`
`attorney-work product immunity, or any other applicable privilege.
`
`2.
`
`I am lead counsel for Cavium, LLC, in a case styled as Alacritech,
`
`Inc., v. Dell Inc., Case No. 2:16-cv-695 (E.D. Tex.) (hereafter “the district court
`
`litigation”).
`
`3.
`
`I understand that Alacritech, Inc., (hereafter “Patent Owner”) initiated
`
`the district court litigation when it filed suit against Dell, Inc., on June 30, 2016.
`
`4.
`
`As part of its lawsuit, Patent Owner alleged, among other things, that
`
`Dell’s use of certain network adapters made by QLogic Corporation--a Cavium
`
`subsidiary—infringed its patents.
`
`5.
`
`Cavium agreed to partially indemnify Dell as to Patent Owner’s
`
`allegations of infringement against QLogic components incorporated into accused
`
`Dell Products.
`
`6.
`
`On January 13, 2017, Cavium filed a motion to intervene in the
`
`district court litigation involving Dell. Attached hereto as Exhibit A is a true and
`
`correct copy of relevant excerpts of D.I. 109 – Cavium, Inc.’s Motion to Intervene
`
`filed in the district court litigation. To the best of my knowledge, Cavium did not
`
`INTEL EX. 1419.002
`
`
`
`IPR2018-00401
`Patent 7,945,699
`
`file motions to intervene (and none were granted) in the corresponding cases
`
`involving Wistron and CenturyLink. In response to Cavium’s motion to intervene,
`
`to the best of my knowledge, Patent Owner attached at least one document
`
`produced by Dell regarding indemnification as an exhibit.
`
`7.
`
`Cavium’s motion to intervene in the Dell case was granted on
`
`February 14, 2017. Attached hereto as Exhibit B is a true and correct copy of D.I.
`
`127 – Order Granting Cavium, Inc.’s Motion to Intervene filed in the district court
`
`litigation.
`
`8.
`
`To the best of my knowledge, on or about April 21, 2017 and June 14,
`
`2017, Cavium produced documents relevant to the indemnification issue in the
`
`district court litigation, including an October 29, 2009 Master Purchase Agreement
`
`between QLogic and Dell that contained an indemnification provision.
`
`9.
`
`Attached hereto as Exhibit C is a true and correct copy of D.I. 128 –
`
`Cavium, Inc.’s Declaratory Judgment Complaint in Intervention filed in the district
`
`court litigation.
`
`10. Attached hereto as Exhibit D is a true and correct copy of D.I. 137 –
`
`Answer and Counterclaims to Cavium Inc.’s Complaint in Intervention filed in the
`
`district court litigation.
`
`11. Attached hereto as Exhibit E is a true and correct copy of D.I. 374 –
`
`Alacritech’s Notice of Reduction in its Asserted Claims filed in the district court
`
`3
`
`INTEL EX. 1419.003
`
`
`
`IPR2018-00401
`Patent 7,945,699
`
`litigation.
`
`12. As far as I am aware, neither Plaintiff’s expert report concerning its
`
`infringement claims against Cavium and Cavium’s rebuttal expert report contained
`
`any discussion of the ‘699 Patent.
`
`13.
`
`I hereby 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 are made with 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.
`
`Dated: October 19, 2018
`
`/s/ Karineh Khachatourian
` Karineh Khachatourian
`
`4
`
`INTEL EX. 1419.004
`
`
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
