IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`JUNIPER NETWORKS, INC. and PALO ALTO NETWORKS, INC.,
`
`Petitioners,
`
`v.
`
`PACKET INTELLIGENCE LLC,
`
`Patent Owner.
`
`In re Inter Partes Review of:
`U.S. Patent Nos. 6,651,099, 6,665,725, 6,771,646, 6,839,751, and 6,954,789
`
`____________
`
`DECLARATION OF DAVID MCPHIE IN SUPPORT OF PETITIONER
`JUNIPER NETWORKS, INC.’S MOTION TO DISQUALIFY
`DR. KEVIN ALMEROTH
`
`EX 1104 Page 1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`JUNIPER NETWORKS, INC. and PALO ALTO NETWORKS, INC.,
`
`Petitioners,
`
`v.
`
`PACKET INTELLIGENCE LLC,
`
`Patent Owner.
`
`In re Inter Partes Review of:
`U.S. Patent Nos. 6,651,099, 6,665,725, 6,771,646, 6,839,751, and 6,954,789
`
`____________
`
`DECLARATION OF DAVID MCPHIE IN SUPPORT OF PETITIONER
`JUNIPER NETWORKS, INC.’S MOTION TO DISQUALIFY
`DR. KEVIN ALMEROTH
`
`EX 1104 Page 1
`
`
`
`I, David McPhie, declare and state as follows:
`
`1.
`
`I am a partner at Irell & Manella LLP and a member in good standing of the
`
`bars of the State of California and United States Patent and Trademark Office. I
`
`have personal knowledge of the facts set forth in this declaration.
`
`
`
`Dr. Almeroth’s Previous Work for Juniper
`
`2. My firm and I represented Juniper Networks, Inc. in several matters against
`
`Palo Alto Networks (“PAN”) that were commenced in 2011–2013. These include:
`
`Juniper Networks, Inc. v. Palo Alto Networks, Inc., D. Del. Case No. 1:11-cv-1258;
`
`Palo Alto Networks, Inc. v. Juniper Networks, Inc., N.D. Cal. Case No. 4:13-cv-
`
`4510; Palo Alto Networks, Inc. v. Juniper Networks, Inc., P.T.A.B. Case No.
`
`IPR2013-00369; and Palo Alto Networks, Inc. v. Juniper Networks, Inc., P.T.A.B.
`
`Case No. IPR2013-00466.
`
`3.
`
`Dr. Kevin Almeroth entered into an engagement agreement with Irell &
`
`Manella on behalf of Juniper via a written retention letter, executed on December
`
`13, 2013. A true and correct copy of Dr. Almeroth’s retention letter is attached as
`
`Exhibit 1105 to the Motion to Disqualify Dr. Almeroth.
`
`4.
`
`In the agreement between Dr. Almeroth and Juniper, Dr. Almeroth agreed
`
`the subject matter of his retention includes the above-listed matters against PAN
`
`“and/or any disputes relating to network security technologies.” Neither Juniper
`
` 2
`
`
`
`
`
`
`EX 1104 Page 2
`
`
`
`nor Dr. Almeroth has served any notice to terminate Dr. Almeroth’s agreement to
`
`the terms set forth in the retention letter.
`
`5.
`
`Dr. Almeroth prepared and submitted two expert declarations while working
`
`for Juniper in connection with the above-listed matters against PAN. The first was
`
`for the IPR2013-00369 proceeding regarding Juniper’s U.S. Patent No. 7,107,612,
`
`and the second was for the IPR2013-00466 proceeding regarding Juniper’s U.S.
`
`Patent No. 7,734,752. Juniper asserted both of those patents against PAN in the
`
`District of Delaware (Case No. 1:11-cv-1258). In Dr. Almeroth’s declaration, he
`
`provided opinions on issues of claim construction, proposed claim amendments,
`
`and validity, including secondary considerations of non-obviousness based on Ju-
`
`niper’s SRX Series products.
`
`6.
`
`A true and correct copy of excerpts from Dr. Almeroth’s declaration submit-
`
`ted in IPR2013-00369 is attached as Exhibit 1106 to the Motion to Disqualify Dr.
`
`Almeroth. This exhibit has been redacted to eliminate confidential information re-
`
`lating to PAN.
`
`7.
`
`Dr. Almeroth was deposed on May 19, 2014 in connection with IPR2013-
`
`00369. I met with Dr. Almeroth to prepare for his deposition. I also attended and
`
`assisted in defending Dr. Almeroth’s deposition.
`
`8.
`
`As part of Dr. Almeroth’s retention by Juniper, I had multiple conversations
`
` 3
`
`
`
`
`
`
`EX 1104 Page 3
`
`
`
`with him in person and over the phone in which we discussed privileged and confi-
`
`dential information belonging to Juniper. These discussions included litigation and
`
`IPR strategy as well as substantive analyses regarding Juniper products, the prior
`
`art, and potential claim amendments that both differentiate over the prior art and
`
`would be practiced by Juniper’s products, including other issues addressed in his
`
`expert declarations. My colleagues and I exchanged multiple draft expert declara-
`
`tions with Dr. Almeroth, including transmission of confidential information and
`
`specific revisions and comments of a strategic nature.
`
`9.
`
`The subject matter of Dr. Almeroth’s retention by Juniper, and some of his
`
`conversations with me, included:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Other attorneys for Juniper also participated in a number of these communications.
`
`10. For example, in connection with IPR2013-00369, I participated in an-person
`
`meeting with Dr. Almeroth and my colleague Benjamin Haber at my law firm’s of-
`
`fice in Newport Beach, California on March 24, 2014. During that meeting, Mr.
`
`Haber and I had strategic and privileged discussions with Dr. Almeroth regarding
`
`
`
` 4
`
`
`
`
`
`
`EX 1104 Page 4
`
`
`
`
`
`
`
`
`
` In his final submitted declaration, Dr. Almeroth concluded that the
`
`’099 Patent “does not disclose each and every limitation of any of the proposed
`
`amended claims of the ’612 patent.” Ex. 1106 at ¶ 353.
`
`11. During the March 24 in-person meeting, Dr. Almeroth, Mr. Haber, and I also
`
`discussed
`
`
`
`
`
`
`
` This portion of his declaration
`
`was redacted in the public filing due to its confidential nature. As part of his reten-
`
`tion by Juniper, my team and I provided Dr. Almeroth with confidential Juniper
`
`technical documents concerning the functionality of Juniper’s products.
`
`12. As part of the exchange of draft declarations between Dr. Almeroth and my
`
`team, Dr. Almeroth also addressed
`
`
`
`
`
`
`
`An excerpted copy of Dr. Almeroth’s draft declaration is attached as Exhibit 1110.
`
` 5
`
`
`
`
`
`
`EX 1104 Page 5
`
`
`
`13. After executing his retention letter, Dr. Almeroth worked 140.5 hours and
`
`submitted invoices and was paid $85,808.02 in connection with his work for Juni-
`
`per on the above-listed disputes with PAN.
`
`Implicit, LLC v. Juniper et al. District Court Matter
`
`14. My firm and I are currently representing Juniper as outside counsel in an-
`
`other matter where Juniper also filed a motion to disqualify Dr. Almeroth. See Im-
`
`plicit, LLC v. Imperva, Ina, E.D. Tex. Case No. 2: l9-cv—40 (lead), Dkt. # 177. Dr.
`
`Almeroth has not provided notification to terminate his retention agreement with
`
`Juniper in connection with that case or any other matter.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on July 21, 2020 in Irvine, California.
`
`W D
`
`avid McPhie
`
`EX 1104 Page 6
`
`EX 1104 Page 6
`
`
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
