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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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`Axis Communications AB, Canon Inc., and Canon U.S.A., Inc.,
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`Petitioner
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`v.
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`Avigilon Fortress Corporation,
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`Patent Owner
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`Case: IPR2019-00235
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`U.S. Patent No. 7,868,912
`Issue Date: January 11, 2011
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`Title: Video Surveillance System Employing Video Primitives
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`DECLARATION OF GUANG-YU ZHU
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`Case No. IPR2019-00235
`U.S. Patent No. 7,868,912
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`I, Guang-Yu Zhu, state as follows:
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`1. My name is Guang-Yu Zhu, and I am an attorney at the law firm of
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`Finnegan, Henderson, Farabow, Garrett, and Dunner, LLP. I am back-up counsel
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`for Petitioner in the above-captioned matter. I am over the age of 18. I have
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`personal knowledge of the matters set forth in this declaration. If called as a
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`witness, I am competent to testify to those matters.
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`2.
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`On November 8 and 9, 2018, I helped prepare Ms. Emily Florio’s
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`declaration (the “Florio Declaration,” Ex. 1007) for addressing the references in
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`the instant Petition. In preparing the Florio Declaration, I sent to Ms. Florio
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`electronic file copies of the exhibits to the Florio Declaration.
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`3.
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`On November 8, 2018, I sent Ms. Florio the electronic file copy of
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`“Autonomous Video Surveillance,” by Bruce Flinchbaugh et al. (“Flinchbaugh II”)
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`instead of a copy of “Autonomous Scene Monitoring System,” also by Bruce
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`Flinchbaugh et al. (“Flinchbaugh”) used in the Petition. This clerical error was not
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`detected and due in part to the use of Flinchbaugh II in a prior declaration by Ms.
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`Florio in IPR2018-00138 and the similarities between Flinchbaugh II and
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`Flinchbaugh. Consequently, Ms. Florio used Flinchbaugh II to prepare the Florio
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`Declaration instead of Flinchbaugh. This resulted in the Florio Declaration
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`containing incorrect statements regarding Flinchbaugh, which was attached as
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`Exhibit D to the declaration.
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`1
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`Case No. IPR2019-00235
`U.S. Patent No. 7,868,912
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`4.
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`The incorrect statements in the Florio Declaration relate to
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`Flinchbaugh II instead of Flinchbaugh. The incorrect statements are based on
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`similar statements in Ms. Florio’s declaration submitted in IPR2018-00138.
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`5.
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`On March 6, 2019, Patent Owner filed its preliminary response. In
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`that preliminary response, Patent Owner states that the Florio Declaration includes
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`statements regarding Flinchbaugh that are not correct. Due to the similarities
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`between Flinchbaugh II and Flinchbaugh, neither I nor any other counsel for
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`Petitioner, were aware that the incorrect document had been used to prepare the
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`Florio Declaration until the error was identified by Patent Owner.
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` I
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` declare under penalty of perjury of the laws of the United State of America
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`that the foregoing statements are true and correct.
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`Dated this 1st day of April 2019
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`/Guang-Yu Zhu/
`Guang-Yu Zhu
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`2
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