`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`SIRIUS XM RADIO INC.,
`Petitioner,
`
`v.
`
`FRAUNHOFER-GESELLSCHAFT ZUR FÖRDERUNG DER
`ANGEWANDTEN FORSCHUNG E.V.,
`Patent Owner.
`____________________
`
`Case IPR2018-00690
`Patent No. 6,314,289
`
`__________________________________________________________
`
`DECLARATION OF JONATHAN S. CAPLAN IN SUPPORT OF
`PETITIONER’S OPPOSITION TO PATENT OWNER’S MOTION
`TO DISMISS THE PETITION UNDER 35 U.S.C. § 315(b)
`
`
`
`Petitioner Sirius XM Radio Inc. - Ex. 1013, p. 1
`IPR2018-00690
`
`
`
`Declaration of Jonathan S. Caplan
`IPR2018-00690 (U.S. Patent No. 6,314,289)
`
`I, Jonathan S. Caplan, make the following declaration under penalty of perjury:
`
`
`
`1.
`
`I am an attorney at Kramer Levin Naftalis & Frankel LLP, counsel for
`
`Petitioner Sirius XM Radio Inc. I have personal knowledge of the facts stated in
`
`this Declaration and can testify competently to those facts. I make this Declaration
`
`in support of Petitioner’s Opposition to Patent Owner’s Motion to Dismiss the
`
`Petition Under 35 U.S.C. § 315(b).
`
`
`
`2.
`
`I provide this Declaration in connection with the above-identified
`
`Inter Partes Review proceeding.
`
`3.
`
`Attached hereto as Exhibit 1018 is a true and correct copy of an e-
`
`mail correspondence and all attachments thereto, dated February 23, 2018, from
`
`me to trials@uspto.gov (the “February E-mail”).
`
`4.
`
`As explained in the February E-mail, I contacted the PTAB Trial
`
`Division, via telephone, on February 23, 2018. I spoke with Mr. Kellogg and
`
`inquired regarding the filing status of the instant Petition. In particular, I requested
`
`confirmation that payment made on the evening of February 22, 2018 had
`
`completed processing. Mr. Kellogg instructed that I submit the substance of the
`
`February E-mail, and its attachments, which I promptly did as reflected in Exhibit
`
`1018.
`
`1
`
`Petitioner Sirius XM Radio Inc. - Ex. 1013, p. 2
`IPR2018-00690
`
`
`
`Declaration of Jonathan S. Caplan
`IPR2018-00690 (U.S. Patent No. 6,314,289)
`
`5. Attached hereto as Exhibit 1017 is a true and correct copy of Priority
`
`Mail Express Forms reflecting service on Patent Owner’s counsel of this Petition
`
`on February 22, 2018.
`
`6.
`
`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 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 of Title 18 of the United States
`
`Code, and that such willful false statements may jeopardize the validity of the
`
`patent and any inter partes decision issuing thereon.
`
`
`
`Executed on June 20, 2018 in New York, New York.
`
`
`
`
`
`
`
`
`/Jonathan S. Caplan/
`
`Jonathan S. Caplan (Reg. No. 38,094)
`
`
`
`
`2
`
`Petitioner Sirius XM Radio Inc. - Ex. 1013, p. 3
`IPR2018-00690
`
`
`
`Declaration of Jonathan S. Caplan
`IPR2018-00690 (U.S. Patent No. 6,314,289)
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing Declaration in Support of Petitioner’s Opposition to
`
`Patent Owner’s Motion to Dismiss was served on June 20, 2018, by filing this
`
`document through the PTAB E2E System as well as delivering via electronic mail
`
`upon the following counsel of record for Patent Owner:
`
`
`
`
`
`
`
`Ben J. Yorks (byorks@irell.com)
`Babak Redjaian (bredjaian@irell.com)
`David McPhie (dmcphie@irell.com)
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`FraunhoferIPRs@irell.com
`
`
`
`
`
`/Jonathan S. Caplan/
`
`Jonathan S. Caplan (Reg. No. 38,094)
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.9488
`
`
`
`
`3
`
`Petitioner Sirius XM Radio Inc. - Ex. 1013, p. 4
`IPR2018-00690
`
`
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