UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`
`INTEL CORP. and CAVIUM, LLC,
`Petitioner
`
`v.
`
`ALACRITECH, INC.
`Patent Owner
`
`________________________
`
`Case Nos.
` IPR2018-00226 (U.S. Patent No. 7,124,205)1
`IPR2018-00234 (U.S. Patent No. 8,805,948)2
`
`________________________
`
`DECLARATION OF S. CHRISTOPHER KYRIACOU IN SUPPORT OF
`PETITIONER’S OPPOSITION TO PATENT OWNER’S MOTION FOR
`ADDITIONAL DISCOVERY
`
`
`
`
`
`1 Cavium, LLC, which filed a Petition in Case IPR2018-00400, has been joined as
`a petitioner in this proceeding.
`2 Cavium, LLC, which filed a Petition in Case IPR2018-00403, has been joined as
`a petitioner in this proceeding.
`
`
`
`
`
`
`
`
`INTEL EX. 1301.001
`
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`
`INTEL CORP. and CAVIUM, LLC,
`Petitioner
`
`v.
`
`ALACRITECH, INC.
`Patent Owner
`
`________________________
`
`Case Nos.
` IPR2018-00226 (U.S. Patent No. 7,124,205)1
`IPR2018-00234 (U.S. Patent No. 8,805,948)2
`
`________________________
`
`DECLARATION OF S. CHRISTOPHER KYRIACOU IN SUPPORT OF
`PETITIONER’S OPPOSITION TO PATENT OWNER’S MOTION FOR
`ADDITIONAL DISCOVERY
`
`
`
`
`
`1 Cavium, LLC, which filed a Petition in Case IPR2018-00400, has been joined as
`a petitioner in this proceeding.
`2 Cavium, LLC, which filed a Petition in Case IPR2018-00403, has been joined as
`a petitioner in this proceeding.
`
`
`
`
`
`
`
`
`INTEL EX. 1301.001
`
`
`
`I, S. Christopher Kyriacou, declare:
`
`1. I am currently employed at Intel Corporation (“Intel”) as Managing
`
`Counsel of Litigation. I have worked at Intel since May 2012. I have personal
`
`knowledge of the facts set forth herein, and, if called to testify in person, could and
`
`would testify competently thereto. I am the Intel in-house counsel responsible for
`
`managing Intel’s involvement in the pending district court cases captioned
`
`Alacritech, Inc., v. Dell Inc., Alacritech, Inc., v. Tier 3, et al., and Alacritech, Inc.
`
`v. Wistron Corporation, et al. (the “Alacritech litigation”). Intel has intervened,
`
`and Alacritech filed counterclaims of infringement against Intel, in each of these
`
`cases.
`
`2. Petitioner Intel decided to file Petitions for inter partes review on
`
`patents asserted in the Alacritech litigation (the “Petitions”)3 without any
`
`consultation or input from any other person or entity except Intel’s outside counsel,
`
`Weil, Gotshal & Manges LLP and Intel’s experts. Intel filed these Petitions
`
`because Alacritech sued Intel directly on eight patents, including U.S. Patent Nos.
`
`7,124,205 and 8,805,948 in the Alacritech litigation. Intel’s decision to file the
`
`Petitions was made independently of Dell, Inc., Wistron Corporation, Wiwynn
`
`Corporation, SMS InfoComm Corporation, CenturyLink Communications LLC,
`
`
`3 IPR2017-01395, IPR2017-01402, IPR2018-00226, and IPR2018-00234.
`
`1
`
`INTEL EX. 1301.002
`
`
`
`Tier 3, Inc., and Savvis Communications Corp. (collectively the “Defendants”) and
`
`Intervenor Cavium, Inc. (“Cavium”).
`
`3. Neither Defendants nor their respective counsel, directed, controlled,
`
`requested or suggested that Intel file any of these Petitions. No agreement with the
`
`Defendants allows or provides any opportunity for Defendants to control the
`
`Petitions or directs, requests, suggests, or any way requires that Intel file any of
`
`these Petitions. Petitioner Intel did not authorize its counsel of record for the
`
`Petitions, Weil, Gotshal, & Manges LLP, to accept any input into the Petitions
`
`from any other person or entity (other than Intel’s experts), including Defendants
`
`and Cavium, nor did Intel receive or accept any such input.
`
`4. Petitioner Intel did not share any drafts or summaries of the Petitions
`
`with any other person or entity (other than Intel’s experts), including Defendants or
`
`Cavium, prior to the filing of the Petitions. The Petitions in IPR2018-00226 and
`
`IPR2018-00234 (“Current Petitions”) are nearly identical to IPR2017-01395 and
`
`IPR2017-01402 (“Original Petitions”), but include some additional evidence of
`
`public availability. While the Original Petitions were publicly available at the time
`
`of filing, Petitioner Intel did not share any drafts or summaries of the Current
`
`Petitions, or of the additional evidence included in the Current Petitions, with any
`
`other person or entity, including Defendants or Cavium, prior to the filing of the
`
`Current Petitions.
`
`2
`
`INTEL EX. 1301.003
`
`
`
`5. Petitioner Intel has not received nor agreed
`
`to receive any
`
`reimbursement, payment, or other value from Defendants or Cavium (or any other
`
`non-party) related to the filing of the Petitions. All attorneys’ fees and costs
`
`incurred in preparing and filing the Petitions have been borne by Petitioner Intel
`
`alone.
`
`I hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information or belief are believed to be true;
`
`and further that these statements were made with the knowledge that 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.
`
`
`
`
`
`
`
`
`
`October 19, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`S. Christopher Kyriacou
`
`
`
`
`
`3
`
`INTEL EX. 1301.004
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on October 19, 2018, a copy of DECLARATION OF S.
`CHRISTOPHER KYRIACOU IN SUPPORT OF PETITONER’S
`OPPOSITION TO PATENT OWNER’S MOTION FOR ADDITIONAL
`DISCOVERY REGARDING REAL PARTIES-IN-INTEREST
`
` 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
`Registration No. 46,729
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Ave., 22nd Fl.
`New York, NY 10010
`Tel.: (212) 849-7000
`Email: jimglass@quinnemanuel.com
`
`Joseph M. Paunovich
`Registration 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
`
`Brian E. Mack
`Registration No. 57,189
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Fl.
`San Francisco, CA 94111
`Tel.: (415) 875-6600
`Email: brianmack@quinnemanuel.com
`
`
`
`
`
`
`4
`
`INTEL EX. 1301.005
`
`
`
`Mark Lauer
`Registration 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: October 19, 2018
`
`
`
`
`
`
`
`
`
`
`/s/ Garland T. Stephens
`Garland T. Stephens
`Reg. No. 37,242
`
`
`
`
`
`5
`
`INTEL EX. 1301.006
`
`
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