`
`1.
`
`2.
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`I have personal knowledge of the facts stated herein.
`
`I am the founder, member, and manager Implicit, LLC (“Implicit”),
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`the Patent Owner in these proceedings, IPR2018-00766 and IPR2018-00767 (“the
`
`Proceedings”).
`
`3.
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`Implicit owns the two patents at issue in these proceedings, U.S.
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`Patent Nos. 7,391,791 (“the ’791 Patent”) and 8,942,252 (“the ’252 Patent”)
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`(collectively, “the Patents”). I am the lead inventor on both of the Patents.
`
`4.
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`I am also the founder and owner of the predecessors-in-interest to
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`Implicit, specifically BeComm Corp. (“BeComm”), Implicit Networks, Inc.
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`(“Implicit Networks”), and Digbee Media Corporation (“Digbee”). I served as the
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`President and Chief Executive Officer of BeComm, Implicit Networks, and
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`Digbee. I am the duly authorized custodian of Implicit and its predecessor entities
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`BeComm and Implicit Networks.
`
`5.
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`I first recall becoming aware of the October 4, 2001 email between
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`Dr. Peterson and Mr. Fuiczynski (“the Peterson Email”) after Dr. Peterson
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`produced the email to Implicit’s counsel on February 27, 2019 in connection with a
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`litigation involving NetScout and Sandvine. Dr. Peterson and Mr. Fuiczynski
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`were not involved in the projects that would later form the genesis of the audio-
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`video synchronization technology at BeComm (for example, the Juno project).
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` 1
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`Page 1 of 4
`
`Implicit Exhibit 2091
`Sonos v. Implicit, IPR2018-0766, -0767
`
`
`
`6.
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`Implicit did not have possession, custody, or control of the Peterson
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`Email until after it was produced to Implicit’s counsel on February 27, 2019.
`
`7.
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`In 2018, and prior to December 18, 2018, I searched for potentially
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`relevant records in connection with the Proceedings and did not locate the Peterson
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`Email. If Implicit had possession of the Email, my searches would have produced
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`the Email. I also provided Implicit’s records to counsel between 2017 and prior to
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`December 18, 2018. My understanding is that counsel was unable to locate the
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`Peterson Email when they searched Implicit’s records in connection with these
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`Proceedings.
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`8.
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`After I became aware of the Peterson Email, I searched Implicit’s
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`records again. I specifically searched for the Email. My searches did not locate the
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`Email. My understanding is that counsel also searched Implicit’s records again after
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`Dr. Peterson produced the Email and that their searches also did not locate the Email.
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`9.
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`I am listed as a “CC” on the Peterson Email. I do not recall receiving
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`the Email. I believe the Email was likely deleted from Implicit’s records many
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`years ago. BeComm frequently switched email servers in the early years of the
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`company, and, sometime after 2001, BeComm again switched email servers. When
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`BeComm made this switch, an account’s emails did not automatically import into
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`the new server. The account holder needed to archive or save an email prior to the
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`migration or the emails would be lost. I do not recall saving my emails, archiving
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` 2
`
`Page 2 of 4
`
`Implicit Exhibit 2091
`Sonos v. Implicit, IPR2018-0766, -0767
`
`
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`my emails, or otherwise transitioning my emails to the new server at this time. I
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`believe the emails that were located in connection with these Proceedings during the
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`2001 time period were emails that had been saved, archived, or otherwise
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`transitioned to the new email server.
`
`
`
` 3
`
`Page 3 of 4
`
`Implicit Exhibit 2091
`Sonos v. Implicit, IPR2018-0766, -0767
`
`
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`I declare under penalty of perjury that all statements made herein of my knowledge
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`are true, and that all statements made on information and belief are believed to be
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`true, and 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 of Title 18 of the United States Code.
`
`In signing this declaration, I understand that the declaration will be filed as
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`evidence in a contested case before the Patent Trial and Appeal Board of the
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`United States Patent and Trademark Office. I acknowledge that I may be subject to
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`cross-examination in this case and that cross-examination will take place within the
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`United States. If cross-examination is required of me, I will appear for cross-
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`examination within the United States during the time allotted for cross-
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`examination.
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`Executed this 4th day of April 2019, in San Francisco, California.
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`By _________________________
`Edward Balassanian
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` 4
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`Page 4 of 4
`
`Implicit Exhibit 2091
`Sonos v. Implicit, IPR2018-0766, -0767
`
`
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