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