`Filed: August _, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
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`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
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`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
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`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
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`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner
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`V.
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`CYWEE GROUP LTD.
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`Patent Owner
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`Case IPR2018-01257 (Patent 8,552,978 B2)
`Case IPR2018-01258 (Patent 8,441,438 B2)
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`DECLARATION OF COLLIN W. PARK
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`GOOGLE 1038
`GOOGLE 1038
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`Declaration of Collin W. Park
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`1.
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`My name is Collin W. Park.
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`I am a partner with Morgan, Lewis &
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`Bockius LLP (“Morgan Lewis”). I am designated as lead counsel for Petitioner
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`LG Electronics Inc. (“LGE”) in IPR2019-00559, IPR2019—00560, and IPR2019-
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`01203. I coordinated the preparation and filing of LGE’s joinder petitions in
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`IPR2019-00559, 00560, and 01203 (collectively, “the LGE Joinder Petitions”). I
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`have personal knowledge of all aspects of the preparation and filing of the LGE
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`Joinder Petitions.
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`2.
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`LGE’s joinder petition and exhibits in IPR2019-005 59 (“the LGE 559
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`Petition”) are substantially identical to Google LLC’s petition and exhibits in
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`IPR2018—01258, to which the LGE 559 Petition sought to be joined. Filed
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`contemporaneously with the LGE 559 Petition was a motion for joinder with
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`IPR2018-01258. On July 12, 2019, the Board instituted IPR2019-00559 and
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`joined it with IPR2018—01258, as requested. IPR2019—005 59, Paper No. 21.
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`3.
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`LGE’s joinder petition and exhibits in IPR2019-00560 (“the LGE 560
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`Petition”) are substantially identical to Google’s petition and exhibits in IPR2018—
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`0125 7, to which the LGE 560 Petition sought to be joined. Filed
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`contemporaneously with the LGE 560 Petition was a motion for joinder with
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`IPR2018-01257. On July 12, 2019, the Board instituted IPR2019—00560 and
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`joined it with IPR2018-01257, as requested. IPR2019-00560, Paper No. 9.
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`Declaration of Collin W. Park
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`4.
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`The LGE 559 Petition includes the following statement as to the Real—
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`Parties-In—Interest (“RPIs”) of that petition:
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`The real-parties—in—interest are LG Electronics Inc., and LG
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`Electronics U.S.A., Inc. Petitioner further identifies as real-parties-
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`in—interest the parties identified in IPR2018—01258 (to which this
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`petition seeks joinder): Google LLC, Huawei Device USA, Inc.,
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`Huawei Device Co. Ltd., Huawei Technologies Co. Ltd., Huawei
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`Device (Dongguan) Co. Ltd., Huawei Investment & Holding Co. Ltd.,
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`Huawei Tech. Investment Co. Ltd., Huawei Device (Hong Kong) Co.
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`Ltd.
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`IPR2019-00559, Paper No. 13 at 5 (footnote omitted).
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`5.
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`The LGE 560 Petition includes the following statement as to the RPIs
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`of that petition:
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`The real-parties—in-interest for this petition are LG Electronics Inc.
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`and LG Electronics USA, Inc. Petitioner further identifies as real-
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`parties-in—interest the parties identified in IPR2018-01257 (to which
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`this petition seeks joinder): Google LLC, Huawei Device USA, Inc.,
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`Huawei Device Co. Ltd., Huawei Technologies Co. Ltd., Huawei
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`Device (Dongguan) Co. Ltd., Huawei Investment & Holding Co. Ltd.,
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`Declaration of Collin W. Park
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`Huawei Tech. Investment Co. Ltd., Huawei Device (Hong Kong) Co.
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`Ltd.
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`IPR2019—00560, Paper No. l at 3 (footnote omitted).
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`6.
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`As reflected above, the structure of each of the RPI statements
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`includes two components. The first sentence identified the RPIs for the LGE 559
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`and 560 Petitions as these petitions stood on their own. Specifically, these RPIs
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`are: LG Electronics Inc. (“LGE”) and LG Electronics U.S.A., Inc.
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`(“LGEUS”). No other party financed or controlled in any way the preparation and
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`filing of the LGE 559 and 560 Petitions.
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`7.
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`The second sentence of the above RPI statements was intended—as
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`reflected by the sentence itself (“to which this petition seeks joinder”)——to be a
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`separate statement from the first sentence above to identify the entities already
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`identified as RPIs in IPR2018—01257 and 01258 (collectively, “the Google
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`IPRs”). These Google and Huawei entities were identified as RPIs for the petitions
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`seeking joinder solely because those entities had already been identified as RPIs in
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`the Google IPRs, to which the LGE 5 59 and 560 Petitions sought to be joined, and
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`for no other reason.
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`8.
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`LGE filed another joinder petition in IPR2019-01203 (“the LGE 1203
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`Petition”), which sought joinder to related IPR2019-00143 filed by ZTE (USA),
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`Inc., on the same patent—US. Patent No. 8,441,438 B2—as IPR2018-1258 filed
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`Declaration of Collin W. Park
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`by Google. As was the case for the LGE 559 and 560 Petitions seeking joinder to
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`the Google Petitions, the LGE 1203 Petition included the following RPI statement:
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`The real-parties-in—interest for this Petition are LG Electronics Inc.
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`and LG Electronics USA, Inc. Petitioner further identifies as real-
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`parties—in—interest the parties identified in IPR2019-00143 (to which
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`this petition seeks joinder): ZTE (USA), Inc. and ZTE Corporation.
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`IPR2019-01203, Paper No. 2 at l (footnote omitted).
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`9.
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`Here, just as was the case with the RPI statements in the LGE 559 and
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`560 Petitions seeking joinder to the Google IPRs, the first sentence identified the
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`RPIs for the LGE 1203 Petition as the petition stood on its own: LGE and LGEUS.
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`Again, no other party financed or controlled in any way the preparation and filing
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`of the LGE 1203 Petition.
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`10.
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`The second sentence identified ZTE (USA), Inc. and ZTE Corporation
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`which had already been identified as RPIs in IPR2019-00143 (“the ZTE IPR”), to
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`which the LGE 1203 Petition sought joinder. Again, these ZTE entities were
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`identified as RPIs for the petition seeking joinder solely because those entities had
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`already been identified as RPIs in the ZTE IPR, to which the LGE 1203 Petition
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`sought to be joined, and for no other reason. The Google and Huawei entities were
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`not identified here because they were not RPIs in the ZTE IPR to which the LGE
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`1203 Petition sought to join. Similarly, the ZTE entities were not identified as
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`Declaration of Collin W. Park
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`RPIs in the LGE 559 and 560 Petitions because they were not RPIs in the Google
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`IPRs to which the LGE 559 and 560 Petitions sought to join. Our firm has
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`followed a similar approach (of identifying the RPIs listed on the substantively
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`identical petition with which joinder is sought) in other joinder petitions. See,
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`IPR2017-Ol617, IPR2017-01682, IPR2017-01808.
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`11.
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`The statements herein do not, and are not intended in any way to,
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`disclose any attomey-client communication or any other privileged information, or
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`waive any attorney-client privilege or any other privilege.
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`12.
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`I declare under the penalty of perjury that all statements here are true
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`to the best of my knowledge.
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`Respectfully submitted,
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`Dated: August 8, 2019
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`By: GUI/k W OWZL
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`Collin W. Park
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