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`
`
`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 No. IPR2018-002341
`Patent No. 8,806,948
`________________________
`
`DECLARATION OF GARLAND STEPHENS IN SUPPORT OF
`PETITIONER’S OPPOSITION TO PATENT OWNER’S MOTION FOR
`ADDITIONAL DISCOVERY
`
`
`1 Cavium, LLC, which filed a Petition in Case IPR2018-00403, has been joined as
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`a petitioner in this proceeding.
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`
`
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`INTEL EX. 1302.001
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`
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`
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`I, Garland Stephens, declare:
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`1. I am an attorney with the law firm of Weil, Gotshal & Manges LLP
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`(“Weil”), counsel for Intel Corporation (“Intel”).
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`2. 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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`3. I am lead counsel for Petitioner Intel in IPR2018-00234 (“Current
`
`Petition”). I was also lead counsel for Petitioner Intel on IPR2017-01395 (“Original
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`Petition”). The Original Petition was not instituted on evidentiary grounds. The
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`Current Petition is substantively identical to the Original Petition except for changes
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`relating to some additional evidence included to show that the prior art cited qualifies
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`as prior art and narrowing the claims.
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`4. I was directed to prepare and file both of these Petitions solely by in-
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`house counsel at Intel.
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`5. I supervised the team that prepared these Petitions. I personally
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`reviewed, edited, signed and authorized the filing of each of the Petitions. The only
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`persons who provided any substantive input into, or exercised any control over, these
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`Petitions were attorneys and staff at Weil, Petitioner Intel’s experts, and Petitioner
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`Intel’s in-house counsel. No substantive input was solicited or accepted from any
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`other person or entity. No drafts were shared with any other person or entity prior
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`
`
`1
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`INTEL EX. 1302.002
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`
`
`
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`to the filing of the Petitions. No other person or entity provided any direction or
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`exercised any control over the substance or timing of the filing of the Petitions.
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`6. Weil did not share the substance of the Original Petition before the
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`Original Petition was filed with any other person or entity other than those listed in
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`Paragraph 5, including Dell, Inc., Wistron Corporation, Wiwynn Corporation, SMS
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`InfoComm Corporation, CenturyLink Communications LLC, Tier 3, Inc., and
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`Savvis Communications Corp. (the “Defendants”) and Intervenor Cavium, Inc.
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`(“Cavium”) or their respective counsel. Defendants and Cavium, including their
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`counsel, played no role in preparing or filing of the Original Petition and were not
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`provided any drafts of the Original Petition or the Original Petition itself until after
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`the Original Petition was filed.
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`7. Weil did not share the substance of the changes made to the Original
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`Petition that resulted in the Current Petition with any other person or entity other
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`than those listed in Paragraph 5 before the Current Petition was filed. Defendants
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`and Cavium, including their counsel, played no role in preparing or filing the Current
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`Petition and were not provided any drafts of the Current Petition or the Current
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`Petition itself until after the Current Petition was filed.
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`8. Intel is solely responsible for the fees and costs Weil has incurred in
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`filing the Petitions. No other person or entity has paid or agreed to pay Weil for any
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`fees or costs for the Petitions.
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`
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`2
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`INTEL EX. 1302.003
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`9. Intel attached the Wistron and Dell agreements with the relevant
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`indemnity provisions to its April 6, 2017 Sealed Reply in Support of its Motions to
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`Intervene in Alacritech v. Wistron Corp., Case No. 2:16-cv-692 and Alacritech v.
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`CenturyLink, Inc., et al., Case No. 2:16-cv-693 (Ex. 1303). Intel attached the Dell
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`agreement to its Reply in Support of its Motions to Intervene in the CenturyLink
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`case because Intel has agreed to partially indemnify Dell, who Intel understands has
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`agreed to partially indemnify CenturyLink in the CenturyLink case.
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`10. In Intel’s Sealed Opposition to Alacritech’s Motion to Compel
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`Discovery (Ex. 1304), Intel stated that the relevant agreements which reflect the
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`indemnification provisions had been produced.
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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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`
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`
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`October 19, 2018
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`
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`3
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`INTEL EX. 1302.004
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`
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`CERTIFICATE OF SERVICE
`I hereby certify that on October 19, 2018, a copy of the following:
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` DECLARATION OF GARLAND STEPHENS IN SUPPORT OF
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`PETITIONER’S OPPOSITION TO PATENT OWNER’S MOTION
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`FOR ADDITIONAL DISCOVERY REGARDING REAL PARTIES-
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`IN-INTEREST
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` EXHIBITS 1300-1304
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`were served by filing this document through the PTAB’s E2E Filing System as
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`well as delivering a copy via electronic mail upon the following:
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`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
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`
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`4
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`INTEL EX. 1302.005
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`
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`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Fl.
`San Francisco, CA 94111
`Tel.: (415) 875-6600
`Email: brianmack@quinnemanuel.com
`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
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`
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`Dated: October 19, 2018
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`
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`
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`/s/ Garland T. Stephens
`Garland T. Stephens
`Reg. No. 37,242
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`
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`5
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`INTEL EX. 1302.006
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`
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