UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________
`
`ADOBE INC.
`Petitioner
`
`v.
`
`SYNKLOUD TECHNOLOGIES, LLC
`Patent Owner
`
`___________
`
`Patent No. 9,219,780
`___________
`
`DECLARATION OF WINSTON LIAW IN SUPPORT OF PETITION FOR
`
`INTER PARTES REVIEW OF U.S. PATENT NO. 9,219,780
`
`Adobe – Exhibit 1042, page 1
`
`
`
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________
`
`ADOBE INC.
`Petitioner
`
`v.
`
`SYNKLOUD TECHNOLOGIES, LLC
`Patent Owner
`
`___________
`
`Patent No. 9,219,780
`___________
`
`DECLARATION OF WINSTON LIAW IN SUPPORT OF PETITION FOR
`
`INTER PARTES REVIEW OF U.S. PATENT NO. 9,219,780
`
`Adobe – Exhibit 1042, page 1
`
`
`
`I, Winston Liaw, make the following declaration in support of the petition
`
`by Adobe Inc. (“Petitioner”) for inter partes review of U.S. Patent No. 9,219,780:
`
`1.
`
`I am an attorney with the law firm of Farella Braun + Martel LLP,
`
`counsel for Petitioner. Unless otherwise stated, the facts stated in this declaration
`
`are based on my personal knowledge.
`
`2.
`
`The document submitted with the petition and identified as Exhibit
`
`1009 is a true and correct copy of Request for Comments (RFC) 1738, titled
`
`“Uniform Resource Locators (URL),” retrieved from the IETF website at
`
`https://tools.ietf.org/html/rfc1738 on or around July 10, 2020.
`
`3.
`
`The document submitted with the petition and identified as Exhibit
`
`1010 is a true and correct copy of Request for Comments (RFC) 793, titled
`
`“TRANSMISSION CONTROL PROTOCOL, DARPA INTERNET PROGRAM,
`
`PROTOCOL SPECIFICATION,” retrieved from the IETF website at
`
`https://tools.ietf.org/html/rfc793 on or around June 30, 2020.
`
`4.
`
`The document submitted with the petition and identified as Exhibit
`
`1011 is a true and correct copy of Request for Comments (RFC) 959, titled “FILE
`
`TRANSFER PROTOCOL (FTP),” retrieved from the IETF website at
`
`https://tools.ietf.org/html/rfc959 on or around June 30, 2020.
`
`5.
`
`The document submitted with the petition and identified as Exhibit
`
`1012 is a true and correct copy of Request for Comments (RFC) 1945, titled
`
`Adobe – Exhibit 1042, page 2
`
`
`
`“Hypertext Transfer Protocol -- HTTP/1.0,” retrieved from the IETF website at
`
`https://tools.ietf.org/html/rfc1945 on or around June 30, 2020.
`
`6.
`
`The document submitted with the petition and identified as Exhibit
`
`1013 is a true and correct copy of Request for Comments (RFC) 2518, titled
`
`“HTTP Extensions for Distributed Authoring – WEBDAV,” retrieved from the
`
`IETF website at https://tools.ietf.org/html/rfc2518 on or around June 30, 2020.
`
`7.
`
`The document submitted with the petition and identified as Exhibit
`
`1014 is a true and correct copy of “Disconnected Operation in the Coda File
`
`System,” by James J. Kistler and M. Satyanarayanan, retrieved from
`
`https://dl.acm.org/doi/10.1145/146941.146942 on or around July 1, 2020, which
`
`indicates on its face that it was published in ACM Transactions on Computer
`
`Systems, Vol. 10, No. 1, pages 3-25, dated February 1992.
`
`8.
`
`The document submitted with the petition and identified as Exhibit
`
`1015 is a true and correct copy of “TranSquid: Transcoding and Caching Proxy for
`
`Heterogenous E-Commerce Environments,” by Maheshwari et al., retrieved from
`
`https://ieeexplore.ieee.org/document/995098 on or around July 1, 2020, which
`
`indicates on its face that it was published in the Proceedings of the 12th
`
`International Workshop on Research Issues in Data Engineering: Engineering e-
`
`Commerce/e-Business Systems (RIDE ’02), dated 2002.
`
`9.
`
`The document submitted with the petition and identified as Exhibit
`
`Adobe – Exhibit 1042, page 3
`
`
`
`1016 is a true and correct copy of “Managing Update Conflicts in Bayou, a Weakly
`
`Connected Replicated Storage System,” by Terry et al., retrieved from
`
`https://dl.acm.org/doi/abs/10.1145/224056.224070 on or around July 1, 2020,
`
`which indicates on its face that it was published in SIGOPS ’95, December 1995,
`
`described by the ACM website as SOSP ’95: Proceedings of the fifteenth ACM
`
`symposium on Operating Systems Principles, dated December 1995.
`
`10.
`
`The document submitted with the petition and identified as Exhibit
`
`1017 is a true and correct copy of “A Mobility-Aware File System for Partially
`
`Connected Operation,” by Dwyer et al., retrieved from
`
`https://dl.acm.org/doi/10.1145/254784.254789 on or around July 1, 2020, which
`
`the ACM website states that published in ACM SIGOPS Operating Systems
`
`Review, dated January 1997.
`
`11.
`
`The document submitted with the petition and identified as Exhibit
`
`1018 is a true and correct copy of “Reducing File System Latency using a
`
`Predictive Approach,” by Griffioen et al., retrieved from
`
`https://dl.acm.org/doi/abs/10.5555/1267257.1267270 on or around July 1, 2020,
`
`which the ACM websites states was published in USTC'94: Proceedings of the
`
`USENIX Summer 1994 Technical Conference on USENIX Summer 1994
`
`Technical Conference - Volume 1, dated June 1994.
`
`12.
`
`The document submitted with the petition and identified as Exhibit
`
`Adobe – Exhibit 1042, page 4
`
`
`
`1022 is a true and correct copy of “Wireless Application Protocol Architecture
`
`Specification” (Version Apr. 30, 1998), retrieved from
`
`http://www.openmobilealliance.org/wp/Affiliates/WAP.html (specifically,
`
`http://www.openmobilealliance.org/tech/affiliates/wap/technical%5B1%5D.zip) on
`
`or around July 1, 2020, which indicates on page 4 that it is available online at
`
`http://www.wapforum.org.
`
`13.
`
`The document submitted with the petition and identified as Exhibit
`
`1023 is a true and correct copy of “WebDAV: What It Is, What It Does, Why You
`
`Need It,” by Hernández, et al., retrieved from
`
`https://dl.acm.org/doi/10.1145/947469.947535, which indicates on its face that it
`
`was published in SIGUCCS '03, September 21-24, 2003, described by the ACM
`
`website as SIGUCCS ’03: Proceedings of the 31st annual ACM SIGUCCS Fall
`
`Conference, September 2003.
`
`14.
`
`The document submitted with the petition and identified as Exhibit
`
`1025 is a true and correct copy of excerpts from Newton’s Telecom Dictionary,
`
`15th Edition, Miller Freeman, Inc., dated 1999.
`
`15.
`
`The document submitted with the petition and identified as Exhibit
`
`1026 is a true and correct copy of excerpts from Microsoft Press Computer
`
`Dictionary, Third Edition, Microsoft Press, dated 1997.
`
`16.
`
`The document submitted with the petition and identified as Exhibit
`
`Adobe – Exhibit 1042, page 5
`
`
`
`1027 is a true and correct copy of excerpts from The New Penguin Dictionary of
`
`Computing, Dick Pountain, dated 2001.
`
`17.
`
`The document submitted with the petition and identified as Exhibit
`
`1028 is a true and correct copy of the Agreed Scheduling Order, Dkt. 27, entered
`
`by the court in SynKloud Technologies, LLC v. Adobe Inc., Case No. 6:19-cv-
`
`00527 (W.D. Tex.) on January 22, 2020.
`
`18.
`
`The document submitted with the petition and identified as Exhibit
`
`1029 is a true and correct copy of the Agreed Scheduling Order, Dkt. 30, entered
`
`by the court in SynKloud Technologies, LLC v. Dropbox, Inc., Case No. 6:19-cv-
`
`00525 (W.D. Tex.) on January 22, 2020.
`
`19.
`
`The document submitted with the petition and identified as Exhibit
`
`1030 is a true and correct copy of the Agreed Scheduling Order, Dkt. 31, entered
`
`by the court in SynKloud Technologies, LLC v. Dropbox, Inc., Case No. 6:19-cv-
`
`00526 (W.D. Tex.) on January 22, 2020.
`
`20.
`
`The document submitted with the petition and identified as Exhibit
`
`1031 is a true and correct copy of the Supplemental Order Regarding Court
`
`Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic,
`
`issued by the United States District Court for the Western District of Texas, dated
`
`May 8, 2020.
`
`21.
`
`The document submitted with the petition and identified as Exhibit
`
`Adobe – Exhibit 1042, page 6
`
`
`
`1032 is a true and correct copy of the Supplemental Order Regarding Court
`
`Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic,
`
`issued by the United States District Court for the Western District of Texas, dated
`
`June 18, 2020.
`
`22.
`
`The document submitted with the petition and identified as Exhibit
`
`1033 is a true and correct copy of Defendant Adobe Inc.’s Disclosure of Proposed
`
`Constructions served on counsel for SynKloud Technologies, LLC in SynKloud
`
`Technologies, LLC v. Adobe Inc., Case No. 6:19-cv-00527 (W.D. Tex.), dated May
`
`15, 2020.
`
`23.
`
`The document submitted with the petition and identified as Exhibit
`
`1034 is a true and correct copy of Plaintiff SynKloud Technologies, LLC’s
`
`Revised Claim Construction Chart served on counsel for Adobe Inc. in SynKloud
`
`Technologies, LLC v. Adobe Inc., Case No. 6:19-cv-00527 (W.D. Tex.), dated June
`
`12, 2020.
`
`24.
`
`The document submitted with the petition and identified as Exhibit
`
`1035 is a true and correct copy of the Summons in a Civil Action and Affidavit of
`
`Service, filed in SynKloud Technologies, LLC v. Adobe Inc., Case No. 6:19-cv-
`
`00527 (W.D. Tex.) on September 24, 2019.
`
`25.
`
`The document submitted with the petition and identified as Exhibit
`
`1036 is a true and correct copy of the Complaint for Patent Infringement, Dkt. 1,
`
`Adobe – Exhibit 1042, page 7
`
`
`
`filed in SynKloud Technologies, LLC v. HP Inc., Case No. 1:19-cv-01360 (D.
`
`Del.), filed July 22, 2019.
`
`26.
`
`The document submitted with the petition and identified as Exhibit
`
`1037 is a true and correct copy of the Complaint for Patent Infringement, Dkt. 1,
`
`filed in SynKloud Technologies, LLC v. BLU Products, Inc., Case No. 1:19-cv-
`
`00553 (D. Del.), filed March 22, 2019.
`
`27.
`
`The document submitted with the petition and identified as Exhibit
`
`1038 is a true and correct copy of the Complaint for Declaratory Judgment, Dkt. 1,
`
`filed in Microsoft Corp. v. SynKloud Technologies, LLC, Case No. 1:20-cv-00007
`
`(D. Del.), filed January 3, 2020.
`
`28.
`
`The document submitted with the petition and identified as Exhibit
`
`1039 is a true and correct copy of the redacted version of Microsoft Corporation’s
`
`Opposition to SynKloud’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1),
`
`12(h)(3), Lack of Standing and 12(b)(6), Dkt. 24, filed in Microsoft Corp. v.
`
`SynKloud Technologies, LLC, Case No. 1:20-cv-00007 (D. Del.) on April 20, 2020
`
`as Dkt. 26.
`
`29.
`
`The document submitted with the petition and identified as Exhibit
`
`1041 is a true and correct copy of an email from Eugene Mar, counsel for Adobe
`
`Inc. in SynKloud Technologies, LLC v. Adobe Inc., Case No. 6:19-cv-00527 (W.D.
`
`Tex.), to John Lord, Deepali A. Brahmbhatt, and Kevin Terrazas, counsel for
`
`Adobe – Exhibit 1042, page 8
`
`
`
`SynKloud Technologies, LLC, on July 15, 2020.
`
`I declare under penalty of perjury under the laws of the United States that
`
`the foregoing is true and correct and that this declaration was executed on July 15,
`
`2020, in San Francisco, California.
`
`Winston Liaw
`
`Adobe – Exhibit 1042, page 9
`
`
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