UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EPIC GAMES, INC.,
`Petitioner,
`
`v.
`
`INGENIOSHARE, LLC,
`Patent Owner
`
`U.S. PATENT NO. 10,708,727
`
`Case IPR2022-00291
`
`SUPPLEMENTAL DECLARATION OF DR. KEVIN ALMEROTH
`PURSUANT TO 37 C.F.R. 42.64(b)(2)
`
`Epic Games Ex. 1039
`Epic Games v. IngenioShare
`IPR2022-00291 p. 1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EPIC GAMES, INC.,
`Petitioner,
`
`v.
`
`INGENIOSHARE, LLC,
`Patent Owner
`
`U.S. PATENT NO. 10,708,727
`
`Case IPR2022-00291
`
`SUPPLEMENTAL DECLARATION OF DR. KEVIN ALMEROTH
`PURSUANT TO 37 C.F.R. 42.64(b)(2)
`
`Epic Games Ex. 1039
`Epic Games v. IngenioShare
`IPR2022-00291 p. 1
`
`
`
`
`
`Exhibit
`No.
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`LIST OF EXHIBITS
`Description
`
`U.S. Patent No. 10,708,727
`
`File History of U.S. Patent No. 10,708,727
`Declaration of Dr. Kevin Almeroth in Support of Inter Partes Review
`of U.S. Patent No. 10,708,727
`Curriculum Vitae of Dr. Kevin Almeroth
`U.S. Provisional Patent Application No. 60/527,565
`
`U.S. Provisional Patent Application No. 60/689,686
`
`U.S. Patent Application 2002/0116461 (“Diacakis”)
`
`U.S. Patent No. 7,287,056 (“Loveland”)
`
`U.S. Patent Application 2002/0183114 (“Takahashi”)
`
`U.S. Patent Application 2004/0001480 (“Tanigawa”)
`
`U.S. Patent No. 7,428,580 (“Hullfish”)
`
`IngenioShare’s Infringement Contentions in Texas Litigation
`
`Texas Litigation Proposed Scheduling Order
`
`Fourteenth Supplemental Order Regarding Court Operations Under
`the Exigent Circumstances Created by the COVID-19 Pandemic
`Judge Albright’s Standing Order re Inter-District Transfer
`
`Kurose, J. and Ross, K., Computer Networking: A Top-Down
`Approach Feature the Internet (2000)
`Kuehn, S., A Play Theory Analysis of Computer-Mediated
`Telecommunication (Apr. 20, 1990)
`Telecomputing in Japan
`
`Hernandez, R., ECPA and Online Computer Privacy (1988)
`
`
`
`Epic Games Ex. 1039
`Epic Games v. IngenioShare
`IPR2022-00291 p. 2
`
`
`
`
`
`Exhibit
`No.
`1020
`
`1021
`
`1022
`
`1023
`
`1024
`
`1025
`
`1026
`
`1027
`
`1028
`
`1029
`
`1030
`
`1031
`
`1032
`
`1033
`
`1034
`
`1035
`
`1036
`
`1037
`
`1038
`
`Description
`
`Miller, A., Applications of Computer Conferencing to Teacher
`Education and Human Resource Development (1991)
`Benimoff, N. and Burns, M., Multimedia User Interfaces for
`Telecommunications Products and Services (1993)
`Falconer, W. and Hooke, J., Telecommunications Services in the
`Next Decade (1986)
`Hine, N.A., et al., An Adaptable User Interface to a Multimedia
`Telecommunications Conversation Service for People with
`Disabilities (1995)
`Bazaios, A., et al., Multimedia Architecture Offering Open Distance
`Learning Services over Internet
`Stein, J., et al., Chat and Instant Messaging Systems (2002)
`
`U.S. Patent No. 6,241,612 (“Heredia”)
`
`U.S. Patent Application 2003/0216178 (“Danieli”)
`
`International Patent Application WO 01/45343 (“Davies”)
`
`Grinter, R. and Palen, L., Instant Messaging in Teen Life (2002)
`
`File History of U.S. Patent No. 8,744,407
`
`File History of U.S. Patent No. 9,736,664
`
`U.S. Patent No. 10,708,727 Claim Listing
`
`U.S. Patent No. 6,828,924 (“Gustavsson”)
`
`Patil, S. and Kobsa, A., The Challenges in Preserving Privacy in
`Awareness Systems (2003)
`Unused
`
`Unused
`
`Declaration of Yimeng Dou Pursuant to 37 C.F.R. 42.64(b)(2)
`
`Declaration of Jennifer A. Babbitt Pursuant to 37 C.F.R. 42.64(b)(2)
`
`
`
`
`Epic Games Ex. 1039
`Epic Games v. IngenioShare
`IPR2022-00291 p. 3
`
`
`
`
`
`Exhibit
`No.
`1039
`
`Description
`
`Supplemental Declaration of Dr. Kevin Almeroth Pursuant to 37
`C.F.R. 42.64(b)(2)
`
`
`
`Epic Games Ex. 1039
`Epic Games v. IngenioShare
`IPR2022-00291 p. 4
`
`
`
`
`
`I, Dr. Kevin C. Almeroth, hereby declare as follows:
`
`
`
`I have been retained as an expert witness on behalf of Epic Games, Inc.
`
`(“Epic Games” or “Petitioner”) to offer technical opinions in connection with the
`
`above-captioned Petition for Inter Partes Review (“IPR”) of U.S. Patent No.
`
`10,708,727 (“the ’727 Patent”). I previously submitted a declaration containing my
`
`technical opinions, which I incorporate by reference here, including my discussion
`
`of the technological background of the ’727 Patent. Ex. 1003, ¶¶ 61–71; see
`
`generally id.
`
`
`
`I understand that Patent Owner has objected to the authenticity of
`
`certain exhibits that I cited in my initial declaration. Specifically, I understand that,
`
`among other objections, Patent Owner has objected to the authenticity of Exhibits
`
`1016–1025, 1029, and 1034. I submit this declaration as supplemental evidence
`
`under 37 C.F.R. § 42.64(b)(2).
`
`
`
`Exhibits 1016 (Kurose and Ross) and 1023 (Hine) are chapters of books
`
`covering technical subject matter. In my initial declaration, I used these exhibits to
`
`show what a POSITA would have known at the time of the ’727 Patent. See Ex.
`
`1003, ¶¶ 61–71. As an expert, I routinely rely on these types of books in rendering
`
`my opinions, including opinions related to patent invalidity.
`
`
`
`Exhibits 1017 (Kuehn), 1020 (Cruz), 1024 (Bazaios), and 1029
`
`(Grinter) are papers presented at technical conferences. In my initial declaration, I
`
`1
`
`Epic Games Ex. 1039
`Epic Games v. IngenioShare
`IPR2022-00291 p. 5
`
`
`
`
`
`used them to show what a POSITA would have known at the time of the ’727 Patent.
`
`See Ex. 1003, ¶¶ 61–71. As an expert, I routinely rely on these types of conference
`
`papers in rendering my opinions, including opinions related to patent invalidity.
`
`
`
` Exhibits 1018 (Telecomputing in Japan), 1019 (Hernandez), 1021
`
`(Benimoff), 1022 (Falconer), 1025 (Stein), and 1034 (Patil) are scholarly articles
`
`published in journals. In my initial declaration, I used them to show what a POSITA
`
`would have known at the time of the ’727 Patent. See Ex. 1003, ¶¶ 61–71. As an
`
`expert, I routinely rely on these types of articles in rendering my opinions, including
`
`opinions related to patent invalidity.
`
`
`
`Date: June 22, 2022
`
`
`Respectfully submitted,
`
`_________________________________
`Kevin C. Almeroth, Ph.D.
`
`2
`
`Epic Games Ex. 1039
`Epic Games v. IngenioShare
`IPR2022-00291 p. 6
`
`
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