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