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`US. Patent No. 8,805,948
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`INTEL CORR, CAVIUM, LLC, and DELL INC,
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`Petitioners,
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`V.
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`ALACRITECH, INC.,
`Patent Owner.
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`Case IPR2018-00234l
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`US. Patent No. 8,805,948
`EXHIBIT 1500
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`DECLARATION OF ALBERT J. HARNOIS, JR. IN SUPPORT OF
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`PETITIONER CAVIUM, LLC’S SUPPLEMENTAL BRIEF REGARDING
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`35 U.S.C. § 315(b)
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`EXHIBIT 1500
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`‘ Cavium, LLC, who filed a Petition in Case IPR2018-00403, and Dell Inc., who
`filed a Petition in Case IPR2018-01307, have been joined as petitioners in this
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`Cavium Ex. 1500.001
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`
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`Case No. IPR2018-00234
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`US. Patent No. 8,805,948
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`I, Albert J. Hamois, Jr., declare:
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`1.
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`I have personal knowledge of the matters set forth in this declaration.
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`If called as a witness, I could and would competently testify as to these matters.
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`By submitting this declaration, it is not my intention, nor the intention of Marvell
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`Semiconductor, Inc. (“MSI”) to waive the attorney client privilege, attorney work
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`product doctrine, or any other applicable privilege.
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`2.
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`I am currently Assistant General Counsel at MSI. Prior to that, I was
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`Senior Intellectual Property at Cavium, Inc. and Cavium, LLC during the relevant
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`time period. I am the MSI in house attorney managing the district court case,
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`Alacritech, Inc. v Century Link, et al., and Intel Corporation and Cavium, LLC,
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`Case No. 2:16-cv-00693(Lead Case) (“the Alacritech Litigation”) and related IPR
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`proceedings (“Alacritech IPR Proceedings”) When at Cavium, and prior to the
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`acquisition by Marvell, I was also the principal in house attorney managing the
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`Alacritech litigation and related IPR proceedings.
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`3.
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`Cavium solely made the decision to file IPR2018-00401, IPR2018-
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`00234, and IPR2018-00226 (“Petitions” or “IPR Proceedings”) and only for its
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`own benefit. All attorneys’ fees and costs incurred in preparing and filing the
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`Petitions have been borne by Petitioner Cavium alone.
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`Cavium Ex. 1500.002
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`
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`Case No. IPR2018-00234
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`US. Patent No. 8,805,948
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`4.
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`To the best of my knowledge, Cavium is not defending or
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`indemnifying Dell for components sold by Cavium accused of infringement of the
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`‘699 Patent by Alacritech because it is not asserted in the Alacritech Litigation.
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`5.
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`Petitioner Cavium has not received nor agreed to receive any
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`reimbursement, payment, or other value from Dell related to the filing of the
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`Petitions. Dell has independent outside counsel and Cavium is not reimbursing
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`Dell’s outside counsel in the Alacritech Proceedings.
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`6.
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`To the best of my knowledge, the relevant sales agreement concerning
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`indemnification has been produced in the IPR Proceedings, bearing the bates
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`numbers Cavium_IPR_401(‘699 Patent)_000001-000019.
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`I hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information or belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 or Title 18 of the United States Code and that such willful false
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`statements may jeopardize the results of these proceedings.
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`Dated: February 26, 2019
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`Albert J.
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`ois, Jr
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`Cavium Ex. 1500.003
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`
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`Case No. IPR2018-00234
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`US. Patent No. 8,805,948
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`CERTIFICATE OF SERVICE
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`I hereby certify that on February 26, 2019, a copy of the DECLARATION
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`OF ALBERT J. HARNOIS, JR. IN SUPPORT OF PETITIONER CAVIUM,
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`LLC’S SUPPLEMENTAL BRIEF REGARDING 35 U.S.C. § 315(b) was
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`served by filing this document through the PTAB’s E2E Filing System as well as
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`delivering a copy via electronic mail upon the following:
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`James M. Glass (Reg. No. 46,729)
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Ave., 22nd Fl.
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`New York, NY 10010
`Tel.: (212) 849—7000
`Email: jimglass@quinnemanuel.com
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`Joseph M. Paunovich (Reg. No. 59,033)
`Quinn Emanuel Urquhart & Sullivan LLP
`865 S. Figueroa Street, 10th Fl.
`Los Angeles, CA 90017
`Tel.: (213) 443-3000
`Email: joepaunovich@quinnemanuel.com
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`Brian E. Mack (Reg. No. 57,189)
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Fl.
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`San Francisco, CA 94111
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`Tel.: (415) 875-6600
`Email: brianmack@quinnemanuel.com
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`Cavium Ex. 1500.004
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`
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`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
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`Dated: February 26, 2019
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`Case No. IPR2018-00234
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`US. Patent No. 8,805,948
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`/S/ David T. Xue
`David T. Xue
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`Reg. No. 54,554
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`Cavium Ex. 1500.005
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