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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`RESHAPE MEDICAL LLC
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`Petitioner,
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`v.
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`FULFILLIUM, INC.
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`Patent Owner.
`
`Case No. IPR2018-00958
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`U.S. Patent No. 9,445,930
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`DECLARATION OF W. COOK ALCIATI
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`1
`
`Fulfillium Exhibit 2017, Page 1
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`
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`I, W. Cook Alciati, declare and state as follows:
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`1.
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`I am attorney at law duly licensed in the State of New York. I intend
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`to seek admission in this proceeding pro hac vice after conferring with counsel for
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`Petitioner. I make this declaration based upon my personal knowledge.
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`2.
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`On August 14, 2018, I met and conferred with Petitioner’s counsel,
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`Messrs. Bolten and Pisano. During that meet and confer, Petitioner’s counsel did
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`not suggest that its failure to name ReShape Lifesciences, Inc. was a mistake or
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`typographical error. Instead, Petitioner counsel bristled at the notion that ReShape
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`Lifesciences is a real party in interest and asserted that Patent Owner’s arguments to
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`the contrary were based on rank speculation. Petitioner counsel further indicated
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`that Patent Owner’s real party in interest argument was without merit because the
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`one-year time bar under 35 U.S.C. § 315(b) was reset when the United States District
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`Court for the Central District of California dismissed Patent Owner’s complaint
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`without prejudice for lack of standing.
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`I declare under penalty of perjury that the foregoing is true and correct to the
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`best of my knowledge.
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`Dated: September 4, 2018
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`
`
`
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`
`
`
`
`
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`
`
`
`
`/s/ W. Cook Alciati
`W. Cook Alciati
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`
`
`2
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`Fulfillium Exhibit 2017, Page 2
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`
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