`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`Microsoft Corporation and HP Inc,
`Petitioners
`
`
`v.
`
`
` Synkloud Technologies, LLC,
`Patent Owner
`
`
`
`Case IPR2020-01269 and -01270
`U.S. Patent 9,219,780
`
`
`
`
`
`____________
`
`DECLARATION OF GREGORY J. GONSALVES
`Exhibit 2040
`
`
`
`
`
`
`
`1.
`
`I, Gregory J. Gonsalves, am over the age of eighteen (18) and
`
`otherwise competent to make this Declaration. I have personal knowledge of the
`
`facts set forth in this Declaration and am competent to testify to the same.
`
`2.
`
`I have been retained as lead counsel by SynKloud, LLC ("Patent
`
`Owner") in connection with the above-captioned inter partes reviews ("IPRs").
`
`3.
`
`I am a practicing attorney and am a member in good standing of the
`
`Bars of the State of Virginia and the District of Columbia, as well as the following
`
`courts: United States Supreme Court, United States Court of Appeals for the
`
`Federal Circuit, and the United States District Court for the Eastern District of
`
`Virginia. I am also admitted to practice before the USPTO (Registration No.
`
`43,639).
`
`4.
`
`The tardiness in filing the Patent Owner Responses for IPR2010-
`
`01269 and -01270 was the result of a docketing error. In the ordinary course of
`
`business, I record the due dates for all filings for IPRs and other matters before the
`
`U.S. PTO, Court of Appeals of the Federal Circuit, district courts, etc. on my
`
`docket. For IPR2020-01269 and -01270, my docket indicated that the due date for
`
`the Patent Owner Responses was July 1, 2021.
`
`5.
`
`Around 3 pm on July 1, 2021, however, I was informed by my backup
`
`counsel, Mr. Yeasun Yoon, that according to the scheduling order, the due date for
`
`the Patent Owner Responses for both IPRs was one day earlier on June 30, 2021. I
`
`
`
`was unaware of the docketing mistake until I was informed by Mr. Yoon. The due
`
`date for the Patent Owner response for a different IPR against the ‘780 patent
`
`(IPR2020-01301) was July 1, 2021. Accordingly, I believe that I had
`
`unintentionally and inadvertently entered on my docket for IPR2020-01269 and -
`
`01270 the due date for the Patent Owner Response for IPR2020-01301.
`
`6.
`
`Immediately after being informed of the docketing error, I began
`
`assembling for filing the Patent Owner Response along with about 35 associated
`
`exhibits and a motion to seal for each of the two IPRs. I also left a voice mail with
`
`Petitioners’ lead counsel informing him of the unintentional error. I completed the
`
`filings for IPR2020-01269 and 01270 by 6 pm on July 1st and uploaded service
`
`copies of all the filed documents to a shared folder on my Box account by 6:50 pm
`
`on July 1st . After being informed by Petitioners’ counsel that they were having
`
`trouble accessing my Box account, I uploaded the service copies of the files to
`
`their Sharefile storage later that evening.
`
`7.
`
`Shortly thereafter, two large trees fell due to a violent storm and
`
`knocked down power lines into the driveway of my home, thereby cutting the
`
`power and internet cable lines to the house. After the firemen and power company
`
`workers cleared the downed power lines to make it safe to leave the house the
`
`following day on July 2nd, I drove to a library that had internet access, sent an
`
`email to Petitioners’ counsel following up on my voice mail message to ask if they
`
`
`
`would oppose SynKloud’s request to the Board to excuse the late filing and after
`
`receiving a response, sent an email to the Board reporting the unintentional error
`
`and asking the Board to excuse the late filing (Exhibit 2041).
`
`8.
`
`The Board authorized the filing of a motion to excuse the late filing in
`
`an email dated July 11, 2021. Exhibit 2042.
`
`
`
`I hereby declare under penalty of perjury 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. I understand that willfully false statements and the
`
`like are punishable by fine, imprisonment, or both under 18 U.S.C. §1001.
`
`
`Dated: July 14, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /s/ Gregory J. Gonsalves
`Dr. Gregory J. Gonsalves
`Reg. No. 43,639
`Capitol IP Law Group, PLLC
`1918 18th St, Unit 4, NW
`Washington, DC 20009
`Phone: 571-419-7252
`Email: gonsalves@capitoliplaw.com
`
`
`
`
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