`Tel: 571-272-7822
`
`
`
`Paper 23
`Date: February 11, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CLOUDFLARE, INC.,
`Petitioner,
`
`v.
`
`SABLE NETWORKS, INC.,
`Patent Owner.
`____________
`
`IPR2021-00909
`Patent 8,243,593 B2
`____________
`
`
`Before STACEY G. WHITE, GARTH D. BAER, and
`JULIET MITCHELL DIRBA, Administrative Patent Judges.
`
`DIRBA, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`IPR2021-00909
`Patent 8,243,593 B2
`
`On February 10, 2022, a telephone conference call was held between
`
`respective counsel for the parties and Judges White, Baer, and Dirba.
`
`Petitioner requested this call to discuss a dispute between the parties
`
`regarding the deposition of one of Petitioner’s declarants.
`
`Specifically, Ms. Elizabeth Rosenberg provided a declaration
`
`testifying that one of Petitioner’s asserted prior art references, the Four-Steps
`
`Whitepaper (Ex. 1006), was archived by the Wayback Machine on a
`
`particular date (id. at i–ii). At the time of her declaration, Ms. Rosenberg
`
`was a Records Request Professor at the Internet Archive, a third-party. Id.
`
`¶ 1. According to Petitioner, Ms. Rosenberg has since been promoted to a
`
`different position and is no longer available to sit for a deposition in this
`
`proceeding. When Patent Owner requested Ms. Rosenberg’s deposition,
`
`Petitioner responded that Ms. Rosenberg is not available for deposition and
`
`concurrently provided Patent Owner with another declaration by a different
`
`Internet Archive employee (Mr. Butler) along with that employee’s
`
`availability for a deposition.
`
`We informed the parties that, under these circumstances, we authorize
`
`Petitioner to substitute Ms. Rosenberg’s declaration with Mr. Butler’s
`
`declaration, provided that Mr. Butler’s declaration is identical in all relevant
`
`respects (i.e., other than the declarant’s name, job title, and location).
`
`
`
`It is so ORDERED.
`
`
`
`
`
`2
`
`
`
`IPR2021-00909
`Patent 8,243,593 B2
`
`FOR PETITIONER:
`
`James Day
`Daniel Callaway
`Winston Liaw
`FARELLA BRAUN + MARTEL LLP
`jday@fbm.com
`dcallaway@fbm.com
`wliaw@fbm.com
`
`David Dotson
`DUANE MORRIS, LLP
`dcdotson@duanemorris.com
`
`FOR PATENT OWNER:
`
`Kenneth Weatherwax
`Parham Hendifar
`Patrick Maloney
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`
`
`
`
`
`
`3
`
`
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