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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
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`Filed on behalf of Unified Patents Inc.
`
`John M. Baird,
`Patrick D. McPherson
`Paul Belnap
`Duane Morris LLP
`505 9th St. NW, Suite 1000
`Washington, D.C. 20004
`Telephone: 202-776-7819
`
`Ashraf Fawzy
`Jonathan R. Bowser
`Roshan S. Mansinghani
`Unified Patents Inc.
`1875 Connecticut Avenue, N.W., Floor 10
`Washington, D.C. 20009
`Telephone: 202-871-0110
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`___________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________________
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`UNIFIED PATENTS INC.
`Petitioner
`
`v.
`
`SYNKLOUD TECHNOLOGIES, LLC
`Patent Owner
`
`IPR2019-01655
`Patent 9,098,526
`
`
`
`
`
`Exhibit 1009
`Unified Patents v. Synkloud Technologies
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`
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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
`
`
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`PETITIONER’S VOLUNTARY INTERROGATORY RESPONSES
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`Petitioner, Unified Patents Inc., provides the following voluntary
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`interrogatory responses.
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`A.
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`B.
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`C.
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`DEFINITIONS
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`PATENT-AT-ISSUE means U.S. Patent 9,098,526.
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`PATENT OWNER means SynKloud Technologies, LLC.
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`COMMUNICATIONS means the transmission or receipt of information of
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`any kind through any means (e.g., e-mail, text message, voicemail, audio,
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`computer readable media, or orally).
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`D. MEMBER means any company that participates or enters into an agreement
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`for one or more of UNIFIED’s non-practicing entity (NPE) Zones and
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`MEMBERS means all such companies.
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`IPR means inter partes review.
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`THE INSTANT IPR means this proceeding.
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`PETITION means the petition, including the exhibits thereto, for THE
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`E.
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`F.
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`G.
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`INSTANT IPR.
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`H. UNIFIED means Unified Patents Inc.
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`I.
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`USPTO means the United States Patent and Trademark Office.
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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
`
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`RESPONSES TO VOLUNTARY INTERROGATORIES
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`VOLUNTARY INTERROGATORY NO. 1:
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`Identify any COMMUNICATIONS between UNIFIED and any entity other
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`than its counsel relating to the financing, preparation, editing, prior review, or
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`approval of the PETITION.
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`VOLUNTARY RESPONSE NO. 1:
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`UNIFIED states that no such communications exist.
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`UNIFIED states that it was founded by intellectual property professionals
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`over concerns with the increasing risk of non-practicing entities (NPEs) asserting
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`patents of poor quality against strategic technologies and industries. The founders
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`thus created a first-of-its-kind company whose sole purpose is to deter NPE litigation
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`by protecting technology sectors. Companies in a technology sector subscribe to
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`UNIFIED’s technology-specific deterrence. UNIFIED performs many NPE-
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`deterrent activities, including data analytics, analyzing the technology sector and
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`monitoring patent activity (including patent ownership and sales, NPE demand
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`letters and litigation, and industry companies), prior art searching, prior art contests,
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`validity and patentability analyses, reissue protests, amicus briefing, and post-grant
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`review requests. UNIFIED’s NPE-deterrent activities allow it to identify patents,
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`perform prior art research, analyze invalidity, and to sometimes file reexaminations
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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
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`or IPRs against some patents.
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`UNIFIED states that it has sole and absolute discretion over its decision to
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`contest patents through the USPTO’s post-grant proceedings. Based on its own
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`analysis, UNIFIED determines which patents are worth pursuing in terms of
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`searching for prior art or taking action, including filing an IPR. UNIFIED’s
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`decisions to file an IPR are made independently without the input, assistance, or
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`approval of its MEMBERS. Should UNIFIED decide to challenge a patent in a post-
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`grant proceeding, UNIFIED controls every aspect of such a challenge, including
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`controlling which patent and claims to challenge, which prior art to apply and the
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`grounds raised in the challenge, when to bring any challenge, and whether to settle
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`or otherwise end any challenge. UNIFIED does not discuss the preparation of any
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`patentability challenge with MEMBERS, including whether UNIFIED will or will
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`not file a petition or whether any MEMBER desires that UNIFIED file a petition.
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`UNIFIED identifies current targets based on publicly available information obtained
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`solely through UNIFIED’s own independent search of publicly available legal
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`databases and information.
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`UNIFIED does not communicate with MEMBERS about their litigation
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`strategies in district court, before the USPTO and/or before other forums, including
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`whether MEMBERS may pursue or have pursued their own patent challenges.
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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
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`UNIFIED does not communicate with MEMBERS about any settlement strategies
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`or settlement negotiations MEMBERS may have with patent owners, nor does
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`UNIFIED inform MEMBERS about any settlement strategies or settlement
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`negotiations UNIFIED may have with patent owners in pursuit of settling
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`UNIFIED’s patent challenge.
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`MEMBERS receive no prior notice of UNIFIED’s patent challenges. After
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`filing a post-grant proceeding, UNIFIED retains sole and absolute discretion and
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`control over all strategy decisions (including any decision to continue or terminate
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`UNIFIED’s participation). UNIFIED is also solely responsible for paying for the
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`preparation, filing, and prosecution of any post-grant proceeding, including any
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`expenses associated with the proceeding.
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`In THE INSTANT IPR, UNIFIED exercised its sole discretion and control in
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`deciding to file this PETITION against the PATENT-AT-ISSUE, including paying
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`for all fees and expenses. No MEMBER had any involvement in the preparation of,
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`payment for, or decision to file this PETITION. UNIFIED also had no discussions
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`with any MEMBER regarding whether any MEMBER desired UNIFIED to
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`challenge the PATENT-AT-ISSUE. UNIFIED shall exercise sole and absolute
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`control and discretion of the continued prosecution of THE INSTANT IPR
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`(including any decision to terminate UNIFIED’s participation) and shall bear all
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`costs related to THE INSTANT IPR.
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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
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`VOLUNTARY INTERROGATORY NO. 2:
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`Identify any individuals acting for or on behalf of any entity other than
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`UNIFIED’s counsel that participated or assisted in any way with the financing,
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`preparation, editing, prior review, approval, or filing of the PETITION.
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`VOLUNTARY RESPONSE NO. 2:
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`UNIFIED states that no such individuals exist. UNIFIED further states that
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`no individuals other than UNIFIED’s employees and its counsel had any prior
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`knowledge of the filing of THE INSTANT IPR.
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`As stated in response to Interrogatory No. 1, in THE INSTANT IPR,
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`UNIFIED exercised its sole discretion and control in deciding to file the PETITION
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`against the PATENT-AT-ISSUE, including paying for all fees and expenses.
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`UNIFIED shall exercise sole and absolute control and discretion of the continued
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`prosecution of THE INSTANT IPR (including any decision to terminate UNIFIED’s
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`participation) and shall bear all subsequent costs related to THE INSTANT IPR.
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`UNIFIED further states that its MEMBERS do not get to participate in any
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`way in UNIFIED’s deterrent activities. UNIFIED does not give MEMBERS an
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`opportunity to participate in or an opportunity to even know that UNIFIED is
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`contemplating filing an IPR before the IPR is filed. In THE INSTANT IPR, none
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`of UNIFIED’s MEMBERS had any prior knowledge of, or involvement in, the
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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
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`preparation and filing of THE PETITION or THE INSTANT IPR.
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`VOLUNTARY INTERROGATORY NO. 3:
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`Identify payments by any entity to UNIFIED in connection with (1) THE
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`PETITION and/or (2) any other IPR and/or patent infringement proceedings in
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`which PATENT OWNER is a party and the PATENT-AT-ISSUE was asserted.
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`VOLUNTARY RESPONSE NO. 3:
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`UNIFIED states that no such payments exist.
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`UNIFIED states that its MEMBERS pay only a yearly subscription fee to a
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`specific technology zone based generally on when each MEMBER subscribes.
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`UNIFIED performs its many NPE-deterrent activities, including data analytics, prior
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`art searching, validity and patentability analyses, and post-grant review requests.
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`UNIFIED’s MEMBERS do not pay any fees designated for IPRs, let alone for IPRs
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`against specific patents. It is UNIFIED and UNIFIED alone that determines how to
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`spend its money. UNIFIED independently selects which patents to target based on
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`the perceived deterrent value to a technology zone and not on behalf of any specific
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`member(s) to resolve their litigation. Based on its own analysis, UNIFIED
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`determines which patents are worth pursuing in terms of filing an IPR or performing
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`some other activity. UNIFIED’s decisions to file an IPR are made independently
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`without the input, assistance, or approval of its MEMBERS.
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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
`
`
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`UNIFIED states that there are no explicit or implicit agreements with its
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`MEMBERS about UNIFIED performing any particular deterrent strategy, including
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`THE INSTANT IPR.
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`VOLUNTARY INTERROGATORY NO. 4:
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`Identify any Board Members, significant shareholders, and any other entities
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`or individuals who own or control Unified Patents.
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`VOLUNTARY RESPONSE NO. 4:
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`UNIFIED states that Kevin Jakel, Founder and Chief Executive Officer, and
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`Shawn Ambwani, Chief Operating Officer, Senior Vice-President Legal, own and
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`control all of UNIFIED. There are no other directors or board members besides Mr.
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`Jakel and Mr. Ambwani, and there are no other individuals who have an ownership
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`interest in UNIFIED. Further, neither Mr. Jakel nor Mr. Ambwani participate on
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`any boards of directors for any of UNIFIED’s MEMBERS.
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`VOLUNTARY INTERROGATORY NO. 5:
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`Identify whether UNIFIED has or has ever had an attorney-client relationship
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`with any of its MEMBERS.
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`VOLUNTARY RESPONSE NO. 5:
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`UNIFIED states that no such relationship exists. As stated on UNIFIED’s
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`website for at least multiple years (https://www.unifiedpatents.com/faq/), UNIFIED
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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
`
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`acts independent of its members or any other company. UNIFIED is not a law firm,
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`and does not have an attorney-client relationship with members.
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`
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`Unified Patents Inc.
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`By: /John M. Baird/
`
`John M. Baird, USPTO Reg. No. 57,585
`Duane Morris LLP
`505 9th Street NW, Suite 1000
`Washington, D.C. 20004
`Tel: (202) 776-7819
`Email: JMBaird@duanemorris.com
`Lead Counsel for Petitioner
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` Petitioner’s Voluntary Interrogatory Responses
`IPR2019-01655
`U.S. Patent 9,098,526
`
`
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`VERIFICATION
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`I, Kevin Jakel, state that I am CEO of Unified Patents Inc., and that I am
`authorized to make this verification for and on its behalf. I certify that I have read
`the foregoing Interrogatory responses, and that the responses are true and accurate
`to the best of my own knowledge, information, and belief. Further, I make this
`verification with the knowledge that willful false statements and the like so made
`are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of
`the United States Code and that such willful false statements may jeopardize the
`results of these proceedings.
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` declare under penalty of perjury that the foregoing is true and correct.
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` I
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`By:
`Kevin Jakel
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