`—————————————
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`—————————————
`
`ZTE (USA), INC.
`Petitioner,
`v.
`FRACTUS, S.A.,
`Patent Owner.
`
`—————————————
`
`IPR No. IPR2018-01461
`U.S. Patent No. 9,054,421
`Issue Date: March 10, 2015
`
`DECLARATION OF GANG CHEN
`
`
`
`
`
`
`
`
`
`
`ZTE v. Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1017.0001
`
`
`
`
`I, Gang Chen, declare as follows:
`
`Chen Declaration (’421 Patent)
`IPR No. 2018-01461
`
`1.
`
`I am an attorney at Brinks Gilson & Lione. I am licensed to
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`practice law in the state of Illinois.
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`2.
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`I am over 18 years of age and I make this declaration based upon
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`my own knowledge, personal experience, and belief. If called upon, I can
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`competently testify to the facts stated in this declaration.
`
`3.
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`I assisted with the collection and assembly of the documents
`
`included as Exhibits supporting Petitioner’s Petition for Inter Partes Review of
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`U.S. Patent No. 9,054,421, bearing Inter Partes Review number IPR2018-01461,
`
`to be filed on August 3, 2018.
`
`4.
`
`Exhibit 1008, as submitted with Petitioner’s Petition, is a true
`
`and accurate copy of the P.R. 4-3 Joint Claim Construction Statement, as filed in
`
`the related district court litigation, Fractus, S.A. v. ZTE Corp. et al., No. 2:17-cv-
`
`00561 (E.D. Tex.) (Dkt. No. 71) obtained from PACER.
`
`5.
`
`Exhibit 1009, as submitted with Petitioner’s Petition, is a true
`
`and accurate copy of the Memorandum Order and Opinion from the district court
`
`litigation, Fractus, S.A. v. Samsung Elecs. Co., Ltd., et al., No. 6:09cv00203
`
`(E.D. Tex.) (Dkt. No. 526) obtained from PACER.
`
`6.
`
`Exhibit 1010, as submitted with Petitioner’s Petition, is a true
`
`and accurate copy of excerpts from the file history for U.S. Patent No. 9,054,421,
`1
`
`
`
`ZTE v. Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1017.0002
`
`
`
`Chen Declaration (’421 Patent)
`IPR No. 2018-01461
`
`obtained from the USPTO Public PAIR system.
`
`7.
`
`Exhibit 1011, as submitted with Petitioner’s Petition, is a true
`
`and accurate copy of excerpts from the file history for U.S. Patent No. 9,054,421,
`
`obtained from the USPTO Public PAIR system.
`
`8.
`
`Exhibit 1012, as submitted with Petitioner’s Petition, is a true
`
`and accurate copy of an Exhibit from Fractus’ Opening Claim Construction Brief,
`
`as filed in the related district court litigation, Fractus, S.A. v. ZTE Corp. et al.,
`
`No. 2:17-cv-00561 (E.D. Tex.) (Dkt. No. 77, Ex. N) obtained from PACER.
`
`9.
`
`Exhibit 1013, as submitted with Petitioner’s Petition, is a true
`
`and accurate copy of an excerpt from the PCT Application, PCT/ES/00296,
`
`obtained from the website https://register.epo.org.
`
`10. Exhibit 1016, as submitted with Petitioner’s Petition, is a true
`
`and accurate copy of excerpts from the file history for the inter partes
`
`reexamination of U.S. Patent No. 7,394,432 (Control No. 95/001,483), obtained
`
`from the USPTO Public PAIR system.
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ZTE v. Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1017.0003
`
`
`
`I hereby declare that all statements made in this declaration are of my own
`
`Chen Declaration (’421 Patent)
`IPR No. 2018-01461
`
`
`
`knowledge and are true, that all statements made on information and belief are
`
`believed to be true, and that these statements were made with the knowledge that
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`willful false statements and the like so made are punishable by fine or imprisonment,
`
`or both, under 18 U.S.C. § 1001.
`
`The contents of this declaration are true under penalty of perjury of the laws
`
`of the United States.
`
`
`
`
`
`
`
`Dated: August 3, 2018
`
`
`/s/ Gang Chen
` Gang Chen
`
`3
`
`ZTE v. Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1017.0004
`
`
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