Declaration of Jim Shead in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,462,835
`
`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. 8,462,835
`Issue Date: June 11, 2013
`Title: Impulse Noise Management
`
`Case No. IPR2022-00352
`________________________
`
`DECLARATION OF JIM SHEAD IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 8,462,835
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`TQ Delta Exhibit 2030
`COMMSCOPE, INC. v. TQ DELTA LLC
`IPR2023-00066
`Page 1 of 5
`
`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,462,835
`
`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. 8,462,835
`Issue Date: June 11, 2013
`Title: Impulse Noise Management
`
`Case No. IPR2022-00352
`________________________
`
`DECLARATION OF JIM SHEAD IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 8,462,835
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`TQ Delta Exhibit 2030
`COMMSCOPE, INC. v. TQ DELTA LLC
`IPR2023-00066
`Page 1 of 5
`
`
`
`Declaration of Jim Shead in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,462,835
`
`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 parent company. Prior to CommScope’s acquisition
`
`of ARRIS International, ARRIS International acquired an entity named 2Wire, Inc.
`
`3.
`
`At the time that CommScope Holding Company, Inc., acquired
`
`ARRIS International, 2Wire had been engaged in ongoing litigation in federal
`
`district court in the District of Delaware in a case styled TQ Delta LLC v. Pace
`
`Americas LLC, No. 1:13-cv-01835 (D. Del.). The District of Delaware action
`
`concerns allegations that 2Wire infringed a number of patents owned by TQ Delta,
`
`including U.S. Patent No. 8,462,835 (“the ’835 patent”).
`
`4.
`
`I understand that neither 2Wire nor its parent companies that were
`
`1
`
`Page 2 of 5
`
`
`
`Declaration of Jim Shead in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,462,835
`initially served as defendants in the District of Delaware action petitioned for IPR
`
`of the ’835 patent.
`
`5.
`
`CommScope was not involved in any deliberations 2Wire may have
`
`had regarding whether to file a petition for IPR of the ’835 patent nor did it have
`
`any control at all over 2Wire’s decision.
`
`B.
`
`THE INSTANT IPR
`6.
`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.”
`
`7.
`
`In the Eastern District of Texas action, TQ Delta has asserted claims
`
`8, 10, 24, and 26 of the ’835 Patent against CommScope.
`
`8.
`
`CommScope was served with the Eastern District of Texas
`
`Complaint on August 17, 2021.
`
`9.
`
`In direct response to the allegations in the Eastern District of Texas
`
`Complaint that CommScope has infringed one or more claims of the ’835 patent,
`
`2
`
`Page 3 of 5
`
`
`
`Declaration of Jim Shead in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,462,835
`CommScope, in an exercise of its sole discretion and control, decided to file a
`
`petition in the instant IPR, IPR2022-00352.
`
`10. 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.
`
`11. While CommScope is of course aware that a favorable outcome in
`
`this proceeding could benefit ARRIS International and 2Wire, CommScope would
`
`have petitioned for IPR of the ’835 patent in light of the Eastern District of Texas
`
`action regardless of the ongoing proceedings in the District of Delaware in order to
`
`defend against TQ Delta’s allegations that CommScope infringes the ’835 Patent.
`
`C.
`
`VERIFICATION
`12.
`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.
`
`3
`
`Page 4 of 5
`
`
`
`Declaration of Jim Shead in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,462,835
`
`Executed on _______________ in _________________.
`
` _____________________________________
` Jim Shead
`
`4
`
`Page 5 of 5
`
`
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