UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Juniper Networks, Inc. & Palo Alto Networks, Inc.,
`Petitioners,
`
`v.
`
`Packet Intelligence LLC,
`Patent Owner.
`
`
`Case IPR2020-00337
`U.S. Patent No. 6,771,646
`
`PATENT OWNER’S MOTION TO WITHDRAW EXHIBITS 2001 AND
`2043
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Juniper Networks, Inc. & Palo Alto Networks, Inc.,
`Petitioners,
`
`v.
`
`Packet Intelligence LLC,
`Patent Owner.
`
`
`Case IPR2020-00337
`U.S. Patent No. 6,771,646
`
`PATENT OWNER’S MOTION TO WITHDRAW EXHIBITS 2001 AND
`2043
`
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`EXHIBIT LIST
`
`Patent Owner’s Exhibits
`
`Exhibit
`2001
`2002
`
`2003
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`2004
`2005
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`2006
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`2007
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`2008
`2009
`2010
`2011
`2012
`2013
`2014
`2015
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`2016
`2017
`2018
`2019
`2020
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`2021
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`2022
`
`Description
`Almeroth Declaration (withdrawal requested)
`Packet Intelligence LLC v. Sandvine Corp., No. 2:16-cv-00147,
`Dkt. No. 17 (E.D. Tex. June 1, 2017) (order consolidating cases)
`File History for U.S. Patent No. 6, 771,646 - Feb. 10, 2004,
`Response to Office Action (annotated version of Ex. 1020)
`Reserved
`Palo Alto Networks, Inc. v. Packet Intelligence LLC (No. 19-cv-
`02471-WHO) and Packet Intelligence LLC v. Juniper Networks,
`Inc. (No. 19-cv-04741-WHO), Transcript of Case Management
`Conference on January 7, 2020
`Palo Alto Networks, Inc. v. Packet Intelligence LLC, No. 19-cv-
`02471-WHO, Dkt. No. 62 (May 15, 2020) (Order Granting Palo
`Alto Networks’ Proposed Modification to the Scheduling Order)
`Packet Intelligence LLC v. Juniper Networks, Inc., No. 3:19-cv-
`04741-WHO, Dkt. No. 48 (March 29, 2020) (Stipulated First
`Amended Scheduling Order)
`PAN Contentions A5 - (Riddle)
`PAN Contentions A13 - (Yu)
`JUN Contentions A6 - (Riddle and Ferdinand)
`JUN Contentions A7 - (Riddle and Ferdinand and Yu)
`JUN Contentions A8 - (Riddle and Ferdinand and Baker)
`JUN Contentions A9 - (Riddle and Ferdinand and Baker and Yu)
`JUN Contentions A10 - (Riddle and Ferdinand and RFC1945)
`JUN Contentions A11 - (Riddle and Ferdinand and Baker and
`RFC1945)
`JUN Contentions B6 - (Riddle and Baker)
`JUN Contentions B7 - (Riddle and Baker and Yu)
`JUN Contentions B8 - (Riddle and Baker and RFC1945)
`JUN Contentions C6 - (Riddle and Ferdinand and Wakeman)
`JUN Contentions C7 - (Riddle and Ferdinand and Wakeman and
`Yu)
`JUN Contentions C8 - (Riddle and Ferdinand and Wakeman and
`RFC1945)
`JUN Contentions D6 - (Riddle and Ferdinand)
`
`ii
`
`
`
`
`
`2023
`2024
`2025
`2026
`2027
`2028
`
`2029
`
`2030
`2031
`2032
`2033
`
`2034
`2035
`2036
`
`2037
`2038
`2039
`2040
`2041
`
`2042
`
`2043
`2044
`
`2045
`2046
`2047
`2048
`2049
`2050
`
`2051
`
`JUN Contentions D7 - (Riddle and Ferdinand and Yu)
`JUN Contentions D8 - (Riddle and Ferdinand and RFC1945)
`JUN Contentions E6 - (Riddle and Ferdinand) 789
`JUN Contentions E7 - (Riddle and Ferdinand and Yu)
`JUN Contentions E8 - (Riddle and Ferdinand and Wakeman)
`JUN Contentions E9 - (Riddle and Ferdinand and Wakeman and
`Yu)
`JUN Contentions E10 - (Riddle and Ferdinand and Wakeman and
`RFC1945)
`JUN Contentions E11 - (Riddle and Ferdinand and Baker)
`JUN Contentions E12 - (Riddle and Ferdinand and Baker and Yu)
`JUN Contentions E13 - (Riddle and Ferdinand and RFC1945)
`JUN Contentions E14 - (Riddle and Ferdinand and Baker and
`RFC1945)
`JUN Contentions E15 - (Riddle and Ferdinand and Hasani)
`JUN Contentions E16 - (Riddle and Ferdinand and Hasani and Yu)
`JUN Contentions E17 - (Riddle and Ferdinand and Hasani and
`RFC1945)
`U.S. Patent No. 7,748,002 (“Beser”)
`File History for USPN 7,748,002 - October 3, 2006 Office Action
`U.S. Patent No. 7,706,357 (“Dyckerhoff”)
`File History for USPN 7,706,357 - June 30, 2009 Office Action
`January 18, 2019 Letter to Palo Alto Networks re Notice of
`Infringement
`January 18, 2019 Letter to Juniper Networks Inc re Notice of
`Infringement
`Almeroth CV (withdrawal requested)
`Complaint in Palo Alto Networks, Inc. v. Packet Intelligence LLC,
`No. 3:19-cv-02471-WHO (N.D. Cal.)
`Petition in IPR2019-01289
`Petition in IPR2019-01290
`Petition in IPR2019-01291
`Petition in IPR2019-01292
`Petition in IPR2019-01293
`Stay Order in Uniloc 2017 LLC v. Apple, Inc., No. 19-cv-01904-
`WHO (N.D. Cal.)
`Joint Motion to Amend the Scheduling Order in Palo Alto
`Networks, Inc. v. Packet Intelligence LLC, No. 3:19-cv-02471-
`WHO (N.D. Cal.)
`
`iii
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`
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`2052
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`2053
`2054
`2055
`2056
`2057
`2058
`2059
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`2060
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`Order Granting PAN’s Proposed Modification to the Scheduling
`Order in Palo Alto Networks, Inc. v. Packet Intelligence LLC, No.
`3:19-cv-02471-WHO (N.D. Cal.)
`Petition in IPR2017-00450
`Petition in IPR2017-00451
`Petition in IPR2017-00629
`Petition in IPR2017-00630
`Petition in IPR2017-00769
`Petition in IPR2017-00869
`Final Judgment in Packet Intelligence LLC v. NetScout Systems,
`Inc. et. al., No. 2:16-cv-00230-JRG (E.D. Tex.)
`Packet Intelligence LLC v. NetScout Systems, Inc., et al, No.
`2019-2041 (Fed. Cir. July 14, 2020) Decision
`
`
`iv
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`On August 5, 2020, Patent Owner informed the Board that the parties had met
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`and conferred regarding Dr. Almeroth’s participation in this proceeding, and Patent
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`Owner agrees to withdraw Dr. Almeroth’s declaration (Ex. 2001) and Dr.
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`Almeroth’s CV (Ex. 2043). See Ex. 3005. On August 21, 2020, the Board authorized
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`the filing of the instant motion via email to the parties.
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`Patent Owner agrees to no longer rely on Dr. Almeroth’s declaration and any
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`references thereto in its Preliminary Response. Patent Owner also agrees that Dr.
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`Almeroth will refrain from further participation in this proceeding. Per these
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`agreements, Petitioner Juniper’s motion to disqualify Dr. Almeroth should be moot.
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`In light of the foregoing, Patent Owner respectfully requests that the Board
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`expunge Exhibits 2001 and 2043, and any references thereto, from the record in the
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`instant proceeding. Petitioner Juniper has informed counsel for Patent Owner that it
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`does not oppose this motion to withdraw exhibits.
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`
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`Dated: August 25, 2020
`
`
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`Respectfully submitted,
`
`
`
`
`
`
`By: /R. Allan Bullwinkel/
`
`
`R. Allan Bullwinkel (Reg. No. 77,630)
`
`Attorney for Patent Owner
`
`Packet Intelligence LLC
`
`1
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`
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`CERTIFICATE OF SERVICE
`
`The undersigned certifies that pursuant to 37 C.F.R. § 42.6(e), a copy of the
`
`foregoing PATENT OWNER’S MOTION TO WITHDRAW EXHIBITS 2001
`
`AND 2043 was served via email to lead and backup counsel of record for Petitioner
`
`as follows:
`
`Joseph F. Edell
`Fisch Sigler LLP
`joe.edell.IPR@fischllp.com
`
`Adam A. Allgood
`Fisch Sigler LLP
`adam.allgood@fischllp.com
`
`Scott A. McKeown
`Ropes & Gray LLP
`scott.mckeown@ropesgray.com
`
`James R. Batchelder
`Ropes & Gray LLP
`james.batchelder@ropesgray.com
`
`Mark D. Rowland
`Ropes & Gray LLP
`mark.rowland@ropesgray.com
`
`Andrew Radsch
`Ropes & Gray LLP
`andrew.radsch@ropesgray.com
`
`
`
`Dated: August 25, 2020
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`
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`
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`By: /R. Allan Bullwinkel/
`
`R. Allan Bullwinkel (Reg. No. 77,630)
`
`Attorney for Patent Owner
`
`Packet Intelligence LLC
`
`2
`
`
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