UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`LIGHTSPEED COMMERCE INC.,
`
`Petitioner,
`
`v.
`
`CLOUDOFCHANGE, LLC,
`
`Patent Owner.
`
`______________________________
`
`Case IPR2022-00997
`
`Patent 10,083,012
`
`DECLARATION OF QUENTIN OLSON
`
`
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`LIGHTSPEED COMMERCE INC.,
`
`Petitioner,
`
`v.
`
`CLOUDOFCHANGE, LLC,
`
`Patent Owner.
`
`______________________________
`
`Case IPR2022-00997
`
`Patent 10,083,012
`
`DECLARATION OF QUENTIN OLSON
`
`
`
`DECLARATION
`
`
`
`I, Quentin Olson, declare as follows:
`
`1.
`
`I am one of the named inventors of U.S. Patent No. 9,400,640 (the
`
`“’640 Patent”). I am a co-Founder and part owner of CloudofChange, LLC.
`
`2.
`
`In 2006, I began collaborating with Mr. Wayne Baratta on potential
`
`projects related to point of sale (POS) systems. On January 23, 2007, Mr. Baratta
`
`formed the entity TYRAMM International Inc. in connection with our efforts to
`
`develop intellectual property related to web-based POS systems.
`
`3.
`
`Prior to February 26, 2007, Mr. Baratta and I agreed to an obligation
`
`to assign any patents that could issue from the above-listed patent applications to
`
`the same person or entity.
`
`4.
`
`On behalf of Mr. Baratta and myself, Mr. Baratta engaged Mr.
`
`Stephen Ackerman of the law firm Saile Ackerman LLC to prepare and prosecute
`
`the following patent applications:
`
`Patent App. No.
`11/710,722
`11/710,723
`
`Filing Date
`Feb. 26, 2007
`Feb. 26, 2007
`
`12/012,393
`
`Feb. 1, 2008
`
`12/012,666
`
`Feb. 5, 2008
`
`
`
`Inventor(s)
`Quentin Olson
`Quentin Olson
`Wayne Baratta
`Quentin Olson
`Wayne Baratta
`Quentin Olson
`Wayne Baratta
`
`
`
`5.
`
`On November 18, 2016, Mr. Baratta and I
`
`formed the entity
`
`CloudofChange, LLC in the State of New York.
`
`6.
`
`After U.S. Patent Application No. 12/012,666 issued as the °640
`
`Patent, Mr. Baratta and I received assignment documents from Mr. Ackerman to
`
`assign the °640 Patent to CloudofChange, LLC.
`
`Ve
`
`On February 1, 2017, I executed an assignment document to assign
`
`the ’640 Patent to CloudofChange, LLC asthe assignee.
`
`8.
`
`Attached as Exhibit A is a true and correct copy of the Patent
`
`Assignment Cover Sheet and Assignment Documents recorded with the USPTO on
`
`March2, 2017.
`
`I understand that willful false statements and the like are punishable by fine
`
`or imprisonment, or both (18 U.S.C. § 1001) and may jeopardize the validity of the
`
`application or any patent
`
`issuing thereon. All statements made of my own
`
`knowledgeare true and all statements made on information andbelief are believed
`
`to be true.
`
`I declare under the penalty of perjury that the foregoing is true and
`
`correct to the best of my knowledge and that this declaration was executed on this
`
`22nd dayof July 2022 in Seattle, Washington.
`
`
`
`
`CloudofChange 2014 3 of 8
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`CloudofChange 2014 4 of 8
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`504252839
`
`03/02/2017
`
`PATENT ASSIGNMENT COVER SHEET
`
`EPAS ID: PAT4299518
`
`Electronic Version v1.1
`Stylesheet Version v1.2
`
`SUBMISSION TYPE:
`
`NEW ASSIGNMENT
`
`NATURE OF CONVEYANCE:
`
`ASSIGNMENT
`
`CONVEYING PARTY DATA
`
`Execution Date
`
`
`WAYNE BARATTA
`
`01/31/2017
`
`02/01/2017
`QUENTIN OLSON
`
`
`RECEIVING PARTY DATA
`
`
`Name:
`CLOUDOFCHANGE, LLC
`
`7 MANSION STREET
`Street Address:
`
`
`SUITE 215
`Internal Address:
`
`
`City:
`
`State/Country:
`Postal Code:
`
`POUGHKEEPSIE
`
`NEW YORK
`12601
`
`PROPERTY NUMBERS Total: 1
`
`Property Type
`Patent Number:
`9400640
`
`
`
`CORRESPONDENCE DATA
`
`(845)471-2064
`Fax Number:
`Correspondencewill be sent to the e-mail addressfirst; if that is unsuccessful, it will be sent
`using a fax number, if provided; if that is unsuccessful, it will be sent via US Mail.
`Phone:
`845-452-5863
`
`Email:
`Correspondent Name:
`AddressLine 1:
`
`debbi@saileackerman.com
`SAILE ACKERMAN LLC
`28 DAVIS AVENUE
`
`POUGHKEEPSIE, NEW YORK 12603
`AddressLine 4:
`
`
`TY06-004
`ATTORNEY DOCKET NUMBER:
`
`
`NAME OF SUBMITTER:
`
`STEPHEN ACKERMAN
`
`SIGNATURE:
`DATE SIGNED:
`
`Total Attachments: 3
`
`/Stephen Ackermar/
`03/02/2017
`
`source=TY06-004_Assignment#page1 tif
`source=TY06-004_Assignment#page2.tif
`source=1Y06-004_Assignment#page3.tif
`
`504252839
`
`PATENT
`REEL: 041440 FRAME: 0381
`
`CloudofChange 2014 5 of 8
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`Eleorelgn Rights
`For Bus, and/or
`TYO6-004
`For Llapplication or[dus. Patent
`By
`[x}inventor(s) or
`[| Present Owner
`ASSIGNMENT OF INVENTION
`
`In consideration of the payment by ASSIGNEE to ASSIGNORof the sum of One Dollar ($7.00),
`the receipt of which is hereby acknowledged, and for other good and valuable consideration,
`
`ASSIGNOR:
`
`QUENTIN OLSON
`WAYNE BARATTA
`Type or print name of ASSIGNOR
`Type or print name of ASSIGNOR
`
`1434 Grant Stree!
`89S. Randolph Avenue
`Street Address
`Street Address
`
`Port Townsend, WA 98368
`Poughkeepsie, NY 126074
`Gity, State, Country, Zip
`City, State, Country, Zip
`USA
`USA
`Nationality
`Nationality
`
`hereby sells, assigns and transfers to
`
`ASSIGNEE:
`
`Cloudofchange, LLC
`7 Mansion Street
`Suite 215
`Poughkeepsie, NY 12601
`USA
`Nationality
`
`and the successors, assigns and legal representatives of the ASSIGNEE
`(complete one ofthe following}
`the entire right, tile and interest
`
`percent (___%)interest for the United States and its territorial
`i an undivided
`possessions
`
`(check the following box/f foreign rights are also fo be assigned)
`andin all foreign countries
`in and to any and ail impravements which are disclosedin the invention entitled:
`
`Web-Based Point of Sale Builder
`
`PATENT
`REEL: 041440 FRAME: 0382
`
`CloudofChange 2014 6 of 8
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`and which is found in
`
`[1 {a) U.S. patent application executed on even date herewith
`[|
`{b) U.S. patent application executed on
`filed on.
`[]
`{c) U.S.application serial no.
`
`(d} U.S. patent no._9,400,640 issued_July 26, 2016
`(also check (e) if foreign application(s) is also being assigned)
`{e} and anylegal equivalent thereof in a foreign country, including the right to claim priority
`[|
`in and to, all Letters Patent to be obtained for said invention by the above application or any
`and,
`continuation, division, renewal, or substitute,
`thereof, and as fo letters patent any re-issue or re-
`exarnination thereof.
`
`ASSIGNOR hereby covenants that no assignment, sale, agreement or encumbrance has been or
`will be made or entered into which would conflict with this assignment.
`
`ASSIGNORfurther covenants that ASSIGNEE will, upon its request, be provided promptly with all
`pertinent facts and documents relating to said invention and said Letters Patent and legal equivalents as
`may be known and accessible to ASSIGNORandwill testify as to the same in any interference,litigation
`ot proceeding related thereto and will promptly execute and deliver
`to ASSIGNEE ar its
`legal
`representatives any and all papers, instruments oraffidavits required to apply for, oblain, maintain, issue
`and enforce said application, said invention and said Letters Patent and said equivalents thereof which
`may be necessary or desirable lo carry out the purposesthereof.
`
`IN WITNESS WHERECF,| / We have signed
`
`WARNING Dateof signing must be the same as the date of execution of the application if Item (a) was checked above.
`oy
` Feb
`7
`
`Signature at ASSIGNOR
`
`Date of Signing
`
`Signature of ASSIGNOR
`
`Date of Signing
`
`PATENT
`REEL: 041440 FRAME: 0383
`
`CloudofChange 20147of 8
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`and which is found in
`
`[|
`[]
`[|
`[x
`
`{a} U.S. patent application executed on even dale herewith
`(b) U.S. patent application executed on
`filed on
`(c) U.S. application serial no.
`id) U.S. patent ne. 9,400,640
`issued _July 26, 2016
`(also check {e)if foreign application(s} is also being assigned)
`(e) and any legal equivalent thereofin a foreign country, including the right to claim priority
`
`in and to, all Letters Patent to be obtained for said invention by the above application or any
`and,
`continuation, division,
`renewal, or substitute,
`thereof, and as to letters patent any re-issue or re-
`examination thereof.
`
`ASSIGNOR hereby covenants that no assignment, sale, agreement or encumbrance has been or
`will be made or entered into which would conflict with this assignment.
`
`ASSIGNORfurther covenants that ASSIGNEEwill, upon its request, be provided promptly with all
`pertinent facts and documentsrelating to said invention and said Letters Patent and legal equivalents as
`may be known and accessible to ASSIGNORand will testify as to the samein any interference, litigation
`or proceeding related thereto and will promptly execute and deliver fo ASSIGNEE or
`its legal
`representatives any and all papers, instruments or affidavits required to apply for, obtain, maintain, issue
`and enforce said application, said invention and said Letters Patent and said equivalents thereof which
`may be necessary or desirable to carry out the purposes thereof.
`
`IN WITNESS WHEREOF, | / We have signed
`
`
`
`DateofSigning
`
`Signature of ASSIGNOR
`
`Date of Signing
`
`RECORDED: 03/02/2017
`
`PATENT
`REEL: 041440 FRAME: 0384
`
`CloudofChange 2014 8 of 8
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
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