`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`——————————
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`——————————
`
`Axis Communications AB, Canon Inc., and Canon U.S.A., Inc.,
`
`Petitioner
`
`v.
`
`Avigilon Fortress Corporation,
`
`Patent Owner
`
`——————————
`
`Case: IPR2019-00235
`
`U.S. Patent No. 7,868,912
`Issue Date: January 11, 2011
`
`Title: Video Surveillance System Employing Video Primitives
`
`——————————
`
`
`
`DECLARATION OF GUANG-YU ZHU
`
`
`
`Case No. IPR2019-00235
`U.S. Patent No. 7,868,912
`
`I, Guang-Yu Zhu, state as follows:
`
`1. My name is Guang-Yu Zhu, and I am an attorney at the law firm of
`
`Finnegan, Henderson, Farabow, Garrett, and Dunner, LLP. I am back-up counsel
`
`for Petitioner in the above-captioned matter. I am over the age of 18. I have
`
`personal knowledge of the matters set forth in this declaration. If called as a
`
`witness, I am competent to testify to those matters.
`
`2.
`
`On November 8 and 9, 2018, I helped prepare Ms. Emily Florio’s
`
`declaration (the “Florio Declaration,” Ex. 1007) for addressing the references in
`
`the instant Petition. In preparing the Florio Declaration, I sent to Ms. Florio
`
`electronic file copies of the exhibits to the Florio Declaration.
`
`3.
`
`On November 8, 2018, I sent Ms. Florio the electronic file copy of
`
`“Autonomous Video Surveillance,” by Bruce Flinchbaugh et al. (“Flinchbaugh II”)
`
`instead of a copy of “Autonomous Scene Monitoring System,” also by Bruce
`
`Flinchbaugh et al. (“Flinchbaugh”) used in the Petition. This clerical error was not
`
`detected and due in part to the use of Flinchbaugh II in a prior declaration by Ms.
`
`Florio in IPR2018-00138 and the similarities between Flinchbaugh II and
`
`Flinchbaugh. Consequently, Ms. Florio used Flinchbaugh II to prepare the Florio
`
`Declaration instead of Flinchbaugh. This resulted in the Florio Declaration
`
`containing incorrect statements regarding Flinchbaugh, which was attached as
`
`Exhibit D to the declaration.
`
`1
`
`
`
`Case No. IPR2019-00235
`U.S. Patent No. 7,868,912
`
`4.
`
`The incorrect statements in the Florio Declaration relate to
`
`Flinchbaugh II instead of Flinchbaugh. The incorrect statements are based on
`
`similar statements in Ms. Florio’s declaration submitted in IPR2018-00138.
`
`5.
`
`On March 6, 2019, Patent Owner filed its preliminary response. In
`
`that preliminary response, Patent Owner states that the Florio Declaration includes
`
`statements regarding Flinchbaugh that are not correct. Due to the similarities
`
`between Flinchbaugh II and Flinchbaugh, neither I nor any other counsel for
`
`Petitioner, were aware that the incorrect document had been used to prepare the
`
`Florio Declaration until the error was identified by Patent Owner.
`
` I
`
` declare under penalty of perjury of the laws of the United State of America
`
`that the foregoing statements are true and correct.
`
`
`
`Dated this 1st day of April 2019
`
`
`
`
`/Guang-Yu Zhu/
`Guang-Yu Zhu
`
`
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
