`U.S. Patent No. 8,023,580
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00034
`
`U.S. Patent No. 8,023,580
`
`____________
`
`DECLARATION OF DRAGO GREGOV IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF UNITED STATES PATENT NO. 8,023,580
`
`Apple Exhibit 1131
`Apple Inc. v. Rembrandt Wireless
`IPR2020-00034
`Page 00001
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`I, Drago Gregov, make the following Declaration pursuant to 28 U.S.C.
`
`§ 1746:
`
`1.
`
`I am a Lead Litigation Paralegal Specialist at the law firm of Ropes &
`
`Gray LLP.
`
`2.
`
`I provide this Declaration in support of the Petition for Inter Partes
`
`Review of United States Patent No. 8,023,580 that is being requested at the United
`
`States Patent and Trademark Office (“USPTO”) by Petitioner Apple Inc. Unless
`
`otherwise stated, the facts stated in this Declaration are based on my personal
`
`knowledge.
`
`3.
`
`Ex. 1101 is a true and correct copy of United States Patent No.
`
`8,023,580, which was obtained from the United States Patent and Trademark
`
`Office’s Public Patent Application Information Retrieval system (USPTO Public
`
`PAIR) on September 30, 2019. This document has been marked with an exhibit
`
`label and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`4.
`
`Ex. 1102 is a true and correct copy of the entire prosecution Image File
`
`Wrapper of United States Patent No. 8,023,580, which was obtained from the
`
`USPTO’s Public PAIR system on September 30, 2019. This document has been
`
`marked with an exhibit label and page numbers on each page at the bottom right
`
`1
`
`IPR2020-00034 Page 00002
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`corner. However, no alterations, other than these noted markings, have been made
`
`to this document.
`
`5.
`
`Ex. 1104 is a true and correct copy of United States Patent No.
`
`6,075,814, which was obtained from the USPTO’s Public PAIR system on
`
`September 30, 2019. This document has been marked with an exhibit label and page
`
`numbers on each page at the bottom right corner. However, no alterations, other than
`
`these noted markings, have been made to this document.
`
`6.
`
`Ex. 1105 is a true and correct copy of United States Patent No.
`
`5,583,922, which was obtained from the USPTO’s Public PAIR system on
`
`September 30, 2019. This document has been marked with an exhibit label and page
`
`numbers on each page at the bottom right corner. However, no alterations, other than
`
`these noted markings, have been made to this document.
`
`7.
`
`Ex. 1106 is a true and correct copy of United States Patent No.
`
`4,549,293, which was obtained from the USPTO’s Public PAIR system on
`
`September 30, 2019. This document has been marked with an exhibit label and page
`
`numbers on each page at the bottom right corner. However, no alterations, other than
`
`these noted markings, have been made to this document.
`
`8.
`
`Ex. 1110 is a true and correct copy of the entire prosecution Image File
`
`Wrapper of Ex Parte Reexamination No. 90/013,808 of United States Patent No.
`
`8,023,580, which was obtained the USPTO’s Public PAIR system on September 30,
`
`2
`
`IPR2020-00034 Page 00003
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`2019. This document has been marked with an exhibit label and page numbers on
`
`each page at the bottom right corner. However, no alterations, other than these noted
`
`markings, have been made to this document.
`
`9.
`
`Ex. 1111 is a true and correct copy of the Claim Construction
`
`Memorandum and Order, Docket No. 114, from Rembrandt Wireless Techs., LP v.
`
`Samsung Elecs. Co., Ltd., No. 2:13-cv-00213-JRG, (E.D. Tex. July 10, 2014), which
`
`was obtained from the United States Court’s Public Access to Court Electronic
`
`Records (PACER) system on September 30, 2019. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
`
`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`10. Ex. 1112 is a true and correct copy of the April 17, 2017 Federal Circuit
`
`Decision, Docket No. 66, from Rembrandt v. Samsung, United States Court of
`
`Appeals for the Federal Circuit, Case No. 16-1729, which was obtained from the
`
`PACER system on September 30, 2019. This document has been marked with an
`
`exhibit label and page numbers on each page at the bottom right corner. However,
`
`no alterations, other than these noted markings, have been made to this document.
`
`11. Ex. 1113 is a true and correct copy of the P.R. 4-3 Joint Claim
`
`Construction Statement, Docket No. 70, from Rembrandt Wireless Technologies, LP
`
`v. Apple Inc., No. 2:19-cv-00025-JRG (E.D. Tex. Sept. 9, 2019), which was obtained
`
`3
`
`IPR2020-00034 Page 00004
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`from the PACER system on September 30, 2019. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
`
`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`12. Ex. 1114 is a true and correct copy of United States Provisional Patent
`
`Application No. 60/067,562, which was obtained from the USPTO’s Public PAIR
`
`system on September 30, 2019. This document has been marked with an exhibit
`
`label and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`13. Ex. 1115 is a true and correct copy of the Final Written Decision, Paper
`
`47, from Samsung Elecs. Co. Ltd., et al. v. Rembrandt Wireless Techs., LP, IPR2014-
`
`00518 (P.T.A.B. Sept. 17, 2015), which was obtained from PTAB E2E on
`
`September 30, 2019. This document has been marked with an exhibit label and page
`
`numbers on each page at the bottom right corner. However, no alterations, other than
`
`these noted markings, have been made to this document.
`
`14. Ex. 1116 is a true and correct copy of Rembrandt’s Response in
`
`Opposition to Samsung Defendants’ Rule 50(b) Renewed Motion for Judgment as a
`
`Matter of Law and/or Rule 59(a) Motion for a New Trial on Liability Issues, Docket
`
`No. 335, from Rembrandt Wireless Techs., LP v. Samsung Elecs. Co., Ltd., No. 2:13-
`
`cv-00213-JRG-RSP (E.D. Tex. Sept. 7, 2015), which was obtained from the PACER
`
`4
`
`IPR2020-00034 Page 00005
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`system on September 30, 2019. This document has been marked with an exhibit
`
`label and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`15. Ex. 1117 is a true and correct copy of Samsung Defendants’ Reply to
`
`Rule 50(b) Renewed Motion for Judgment as a Matter of Law and/or Rule 59(a)
`
`Motion for New Trial on Liability Issues, Docket No. 338, from Rembrandt Wireless
`
`Techs., LP v. Samsung Elecs. Co., Ltd., No. 2:13-cv-00213-JRG-RSP (E.D. Tex.
`
`Sept. 22, 2015), which was obtained from the PACER system on September 30,
`
`2019. This document has been marked with an exhibit label and page numbers on
`
`each page at the bottom right corner. However, no alterations, other than these noted
`
`markings, have been made to this document.
`
`16. Ex. 1119 is a true and correct copy of the Memorandum Opinion and
`
`Order, Docket No. 352, from Rembrandt Wireless Techs., LP v. Samsung Elecs. Co.,
`
`Ltd., No. 2:13-cv-00213-JRG-RSP, (E.D. Tex. Feb. 17, 2016), which was obtained
`
`from the PACER system on September 30, 2019. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
`
`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`17. Ex. 1121 is a true and correct copy of the Declaration of Jon Mears and
`
`attached article titled “Communication Protocols for Embedded Systems,” by
`
`5
`
`IPR2020-00034 Page 00006
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`B. Upender and P. Koopman, Jr., which is Ex. 1218 from Samsung Elecs. Co. Ltd.,
`
`et al. v. Rembrandt Wireless Techs., LP, IPR2014-00518, and which was obtained
`
`from PTAB E2E on September 30, 2019, Also attached is a true and correct copy
`
`of the article titled “Communication Protocols for Embedded Systems,” by
`
`B. Upender
`
`and P. Koopman,
`
`Jr., which was
`
`downloaded
`
`from
`
`https://users.ece.cmu.edu/-koopman/protsrvy/protsrvy.html on October 8, 2019.
`
`These documents have been marked with an exhibit label and page numbers on each
`
`page at the bottom right corner. However, no alterations, other than these noted
`
`markings, have been made to these documents.
`
`18. Ex. 1122 is a true and correct copy of the Petition for Inter Partes
`
`Review of U.S. Patent No. 8,023,580 from Samsung Elecs. Co. Ltd., et al. v.
`
`Rembrandt Wireless Techs., LP, IPR2014-00518, Pap. 1 (P.T.A.B. Mar. 20, 2014),
`
`which was obtained from PTAB E2E on September 30, 2019. This document has
`
`been marked with an exhibit label and page numbers on each page at the bottom
`
`right corner. However, no alterations, other than these noted markings, have been
`
`made to this document.
`
`19. Ex. 1123 is a true and correct copy of the Decision Institution of Inter
`
`Partes Review 37 C.F.R. §42.108 from Samsung Elecs. Co. Ltd., et al. v. Rembrandt
`
`Wireless Techs., LP, IPR2014-00518, Pap. 16 (P.T.A.B. Sept. 23, 2014). This
`
`document has been marked with an exhibit label and page numbers on each page at
`
`6
`
`IPR2020-00034 Page 00007
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
`
`20. Ex. 1124 is a true and correct copy of the Declaration of David
`
`Goodman from Samsung Elecs. Co. Ltd., et al. v. Rembrandt Wireless Techs., LP,
`
`IPR2014-00518 (Ex. 1220). This document has been marked with an exhibit label
`
`and page numbers on each page at the bottom right corner. However, no alterations,
`
`other than these noted markings, have been made to this document.
`
`21. Ex. 1127 is a true and correct copy of European Patent Application No.
`
`95107807.0 (“Schuermann”), which was obtained from the Espacenet on October 8,
`
`2019. This document has been marked with an exhibit label and page numbers on
`
`each page at the bottom right corner. However, no alterations, other than these noted
`
`markings, have been made to this document.
`
`22.
`
`I hereby declare that all statements made herein of my own knowledge
`
`are true and that all statements made on information and belief are believed to be
`
`true; and further that these statements were made with the knowledge that willful
`
`false statements and the like so made are punishable by fine or imprisonment, or
`
`both, under 18 U.S.C. 1001. If called to testify as to the truth of the matters stated
`
`herein, I could and would testify competently.
`
`///
`
`///
`
`7
`
`IPR2020-00034 Page 00008
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`23.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 5th day of November, 2019, in East Palo Alto, California.
`
`
`
`
`
`
`
`
`
`
`
`/s/ Drago Gregov
`Drago Gregov
`
`8
`
`IPR2020-00034 Page 00009
`
`