`Petition for Inter Partes Review of
`U.S. Patent No. 9,485,055
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________________
`
`
`COMMSCOPE, INC.
`Petitioner
`
`v.
`
`TQ DELTA, LLC.
`Patent Owner
`
`________________________
`
`U.S. Patent No. 9,485,055
`Issue Date: November 1, 2016
`Title: PACKET RETRANSMISSION AND MEMORY SHARING
`
`Case No. IPR2022-00833
`________________________
`
`DECLARATION OF JIM SHEAD IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 9,485,055
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`IPR2022-00833
`CommScope, Inc. Exhibit 1032
`Page 1 of 4
`
`
`
`Declaration of Jim Shead in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,485,055
`
`
`I, Jim Shead, declare as follows:
`
`A.
`
`INTRODUCTION
`1.
`I am a Lead Counsel for CommScope, Inc. (“CommScope”). I am
`
`over 21 years old and otherwise competent to make this Declaration. I make this
`
`Declaration based on facts and matters within my own knowledge and on
`
`information provided to me by others, and, if called as a witness, I could and
`
`would competently testify to the matters set forth herein.
`
`2.
`
`On April 4, 2019, CommScope Holding Company, Inc.,
`
`CommScope’s parent entity, acquired ARRIS International Limited (UK) (“ARRIS
`
`International”), becoming its controlling parent company.
`
`B.
`
`THE INSTANT IPR
`3.
`On August 13, 2021, TQ Delta filed suit against CommScope
`
`Holding Company Inc., CommScope Inc., ARRIS International Limited, ARRIS
`
`Global Ltd., ARRIS US Holdings Inc., ARRIS Solutions Inc., ARRIS Technology
`
`Inc., and ARRIS Enterprises LLC in federal district court in the Eastern District of
`
`Texas. This case is styled TQ Delta, LLC v. CommScope Holding Company, Inc. et
`
`al., No. 2:21-cv-00310 (E.D. Tex.). The Complaint names numerous entities as
`
`defendants and alleges that all Defendants are a single combined “CommScope.”
`
`
`
`1
`
`IPR2022-00833
`CommScope, Inc. Exhibit 1032
`Page 2 of 4
`
`
`
`Declaration of Jim Shead in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,485,055
`4.
`In the Eastern District of Texas action, TQ Delta has asserted claims
`
`11, 17, and 19 of U.S. Patent No. 9,485,055 (“’055 patent”) against CommScope.
`
`5.
`
`In direct response to the allegations in the Eastern District of Texas
`
`Complaint that CommScope has infringed one or more claims of the ’055 patent,
`
`CommScope, in an exercise of its sole discretion and control, decided to file a
`
`petition in the instant IPR, IPR2022-00833.
`
`6.
`
`CommScope has paid all fees and expenses associated with this
`
`petition and no individuals other than CommScope’s employees, counsel, and
`
`consultants acting under the direction of CommScope participated in
`
`CommScope’s decision to file this IPR, or its strategy regarding the filing of this
`
`IPR.
`
`7. While CommScope is of course aware that a favorable outcome in
`
`this proceeding could benefit ARRIS International, CommScope would have
`
`petitioned for IPR of the ’055 patent in light of TQ Delta’s allegations that
`
`CommScope infringes the ’055 patent regardless of TQ Delta’s allegations that the
`
`named ARRIS entities also infringe the ’055 patent.
`
`
`
`
`
`
`
`2
`
`IPR2022-00833
`CommScope, Inc. Exhibit 1032
`Page 3 of 4
`
`
`
`Declaration of Jim Shead in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 9,485,055
`C. VERIFICATION
`8.
`I, Jim Shead, declare 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, and that these statements were made with the knowledge that
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under 18 U.S.C. § 1001.
`
`
`
`
`
`
`
`Executed on _______________ in _________________.
`
`
`
` _____________________________________
` Jim Shead
`
`
`
`
`
`
`3
`
`IPR2022-00833
`CommScope, Inc. Exhibit 1032
`Page 4 of 4
`
`
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