Trials@uspto.gov
`571-272-7822
`
`Paper No. 19
`Date: September 9, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`JUNIPER NETWORKS, INC. & PALO ALTO NETWORKS, INC.,
`Petitioner,
`v.
`PACKET INTELLIGENCE LLC,
`Patent Owner.
`
`
`
`
`
`
`
`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)1
`
`Before STACEY G. WHITE, CHARLES J. BOUDREAU, JOHN D.
`HAMANN, and KRISTI L. R. SAWERT, Administrative Patent Judges.
`SAWERT, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Unopposed Motion to Withdraw Its Motion to
`Disqualify and Patent Owner’s Motion to Withdraw Exhibits 2001 and 2043
`37 C.F.R. § 42.5
`
`
`1 We exercise our discretion to enter a single order to be entered in each
`case. For convenience, we refer to the exhibit numbers entered in IPR2020-
`00335. The parties are not permitted to use this caption. This is not an
`expanded panel. The panel for IPR2020-00335, -00336, -00337, and -00485
`includes Judges White, Boudreau, and Hamann. The panel for IPR2020-
`00338, -00339, and -00485 includes Judges Boudreau, Hamann, and Sawert.
`
`
`
`
`
`571-272-7822
`
`Paper No. 19
`Date: September 9, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`JUNIPER NETWORKS, INC. & PALO ALTO NETWORKS, INC.,
`Petitioner,
`v.
`PACKET INTELLIGENCE LLC,
`Patent Owner.
`
`
`
`
`
`
`
`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)1
`
`Before STACEY G. WHITE, CHARLES J. BOUDREAU, JOHN D.
`HAMANN, and KRISTI L. R. SAWERT, Administrative Patent Judges.
`SAWERT, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Unopposed Motion to Withdraw Its Motion to
`Disqualify and Patent Owner’s Motion to Withdraw Exhibits 2001 and 2043
`37 C.F.R. § 42.5
`
`
`1 We exercise our discretion to enter a single order to be entered in each
`case. For convenience, we refer to the exhibit numbers entered in IPR2020-
`00335. The parties are not permitted to use this caption. This is not an
`expanded panel. The panel for IPR2020-00335, -00336, -00337, and -00485
`includes Judges White, Boudreau, and Hamann. The panel for IPR2020-
`00338, -00339, and -00485 includes Judges Boudreau, Hamann, and Sawert.
`
`
`
`
`
`
`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)
`
`
`On July 6, 2020, counsel for Petitioner Juniper Networks, Inc.
`(“Juniper”2) contacted the Board via email to request a conference call
`seeking authorization to file a motion to disqualify Patent Owner’s declarant,
`Kevin C. Almeroth, Ph.D., in the above-identified proceedings. Ex. 3003.
`We then authorized Juniper to file a motion to disqualify Dr. Almeroth in
`these proceedings, as well as a motion to seal in accordance with 37 C.F.R.
`§ 42.55 with a proposed protective order. Paper 11 (“Order”). Pursuant to
`our Order, Juniper filed both non-redacted and redacted versions of its
`Motion to Disqualify Dr. Almeroth on July 22, 2020. Paper 14
`(non-redacted); Paper 15 (redacted). Juniper also filed an unopposed Motion
`to Seal (Paper 12) and an unopposed Motion for Entry of a Modified
`Protective Order (Paper 13).
`On August 5, 2020, Patent Owner notified the Board via email that the
`parties had met and conferred to resolve the issues relating to Dr. Almeroth.
`Ex. 3005. In the email, Patent Owner stated that it agreed “to no longer rely
`on Dr. Almeroth’s declaration and any references thereto in the preliminary
`response” and that “this should render moot [Juniper’s] motion to disqualify
`Dr. Almeroth.” Id. On August 21, 2020, we responded by authorizing:
`(1) Patent Owner to file a motion to withdraw Dr. Almeroth’s declaration
`(Exhibit 2001) and curriculum vitae (Exhibit 2043), and (2) Juniper to file a
`motion to withdraw its motion to disqualify Dr. Almeroth and supporting
`exhibits. Ex. 3006.
`
`
`2 Palo Alto Networks, Inc. is also a Petitioner in these proceedings but was
`not a party to Juniper’s request. See Ex. 3003.
`
`2
`
`
`
`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)
`
`
`In accordance with our instructions, Patent Owner filed an unopposed
`Motion to Withdraw Exhibits 2001 and 2043 on August 25, 2020 (Paper 17)
`and Juniper filed an unopposed Motion to Withdraw Its Motion to
`Disqualify Dr. Kevin Almeroth and Supporting Exhibits on August 26, 2020
`(Paper 18).
`In its Motion to Withdraw, Patent Owner states that it “agrees to no
`longer rely on Dr. Almeroth’s declaration and any references thereto in its
`Preliminary Response” and that “Dr. Almeroth will refrain from further
`participation in this proceeding.” Paper 17, 1. Thus, Patent Owner requests
`that the Board expunge Exhibits 2001 and 2043, and any references thereto,
`from the record. Id.
`In its Motion to Withdraw, Juniper states that, given Patent Owner’s
`statements, Petitioner “agrees to withdraw its motion to disqualify
`Dr. Almeroth and the supporting exhibits.” Paper 18, 3. Thus, Juniper
`requests that we withdraw its Motion to Disqualify Dr. Almeroth and
`supporting exhibits. Id. Although Juniper does not specifically identify
`those exhibits in its Motion, we discern them to be Exhibits 1103–1111. See
`generally Paper 14.
`In view of the fact that the parties have settled their dispute regarding
`Dr. Almeroth’s Declaration and the current motions are unopposed, the
`panels hereby grant each party’s requested relief. Because the Board’s
`actions moot Juniper’s Motion to Seal and Motion for Entry of a Modified
`Protective Order, the Board also expunges these papers.
`
`3
`
`
`
`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Juniper’s Motion to Seal (IPR2020-00335, Paper 12;
`IPR2020-00336, Paper 12; IPR2020-00337, Paper 12; IPR2020-00338,
`Paper 13; IPR2020-00339, Paper 13; IPR2020-00485, Paper 12; IPR2020-
`00486, Paper 12) is hereby expunged;
`ORDERED that Juniper’s Motion for Entry of a Modified Protective
`Order (IPR2020-00335, Paper 13; IPR2020-00336, Paper 13; IPR2020-
`00337, Paper 13; IPR2020-00338, Paper 14; IPR2020-00339, Paper 14;
`IPR2020-00485, Paper 13; IPR2020-00486, Paper 13) is hereby expunged;
`ORDERED that Patent Owner’s Motion to Withdraw Exhibits 2001
`and 2043 (IPR2020-00335, Paper 17; IPR2020-00336, Paper 18; IPR2020-
`00337, Paper 17; IPR2020-00338, Paper 19; IPR2020-00339, Paper 18;
`IPR2020-00485, Paper 17; IPR2020-00486, Paper 17) is granted;
`ORDERED that Exhibit 2001 in each referenced case is hereby
`expunged;
`ORDERED that Exhibit 2043 in each referenced case is hereby
`expunged;
`ORDERED that Juniper’s Motion to Withdraw Its Motion to
`Disqualify Dr. Kevin Almeroth and Supporting Exhibits (IPR2020-00335,
`Paper 18; IPR2020-00336, Paper 19; IPR2020-00337, Paper 18; IPR2020-
`00338, Paper 20; IPR2020-00339, Paper 19; IPR2020-00485, Paper 18;
`IPR2020-00486, Paper 18) is granted;
`ORDERED that Juniper’s non-redacted Motion to Disqualify
`Dr. Almeroth (IPR2020-00335, Paper 14; IPR2020-00336, Paper 14;
`
`4
`
`
`
`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)
`
`IPR2020-00337, Paper 14; IPR2020-00338, Paper 15; IPR2020-00339,
`Paper 15; IPR2020-00485, Paper 14; IPR2020-00486, Paper 14) is hereby
`expunged;
`ORDERED that Juniper’s redacted Motion to Disqualify
`Dr. Almeroth (IPR2020-00335, Paper 15; IPR2020-00336, Paper 15;
`IPR2020-00337, Paper 15; IPR2020-00338, Paper 16; IPR2020-00339,
`Paper 16; IPR2020-00485, Paper 15; IPR2020-00486, Paper 15) is hereby
`expunged; and
`FURTHER ORDERED that Exhibit 1103, Exhibit 1104, Exhibit
`1105, Exhibit 1106, Exhibit 1107, Exhibit 1108, Exhibit 1109, Exhibit 1110,
`and Exhibit 1111 in each referenced case are hereby expunged.
`
`
`
`
`5
`
`
`
`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)
`
`For PETITIONER:
`
`Joseph Edell
`Adam Allgood
`FISCH SIGLER LLP
`joe.edell.ipr@fischllp.com
`adam.allgood@fischllp.com
`
`Scott McKeown
`James Batchelder
`Mark Rowland
`ROPES & GRAY LLP
`scott.mckeown@ropesgray.com
`james.batchelder@ropesgray.com
`mark.rowland@ropesgray.com
`
`For PATENT OWNER:
`
`R. Allan Bullwinkel
`Michael Heim
`HEIM PAYNE & CHORUSH, PLLC
`abullwinkel@hpcllp.com
`mheim@hpcllp.com
`
`
`6
`
`
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