`
`——————————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`——————————
`
`GOOGLE LLC,
`
`Petitioner,
`
`v.
`
`PROXENSE, LLC,
`
`Patent Owner.
`
`——————————
`
`Case No. IPR2024-01318
`U.S. Patent No. 8,646,042
`Filing Date: April 12, 2012
`Issue Date: February 4, 2014
`
`SUPPLEMENTAL DECLARATION OF PATRICK TRAYNOR IN
`SUPPORT OF PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT NO. 8,646,042
`
`(Exhibit 1023)
`
`GOOGLE EXHIBIT 1023
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`Page 1 of 4
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`
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`I.
`
`INTRODUCTION
`1.
`I have been retained by Petitioner Google LLC to provide this
`
`
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`supplemental declaration in connection with a petition for inter partes review of U.S.
`
`Patent No. 8,646,042 (“’042 patent”).
`
`2.
`
`Specifically, I was asked to review my previously submitted declaration
`
`in Microsoft Corp. v. Proxense LLC, IPR2024-00573 (“the Microsoft IPR”), which
`
`is referred to in this proceeding as MS-1003, and to determine whether I still agree
`
`with the facts, analysis, and conclusions I expressed in that declaration.
`
`3. My compensation in this matter is not based on the substance of my
`
`opinions or the outcome of this matter. I have no financial interest in Petitioner. My
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`hourly rate for this engagement is $650.
`
`II.
`
`INFORMATION CONSIDERED
`4.
`I understand that each “MS-” exhibit in this proceeding that shares the
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`same exhibit number as a corresponding “MS-” exhibit in the Microsoft IPR refers
`
`to the same document. For example, “MS-1001” in this proceeding and “MS-1001”
`
`in the Microsoft IPR are both the ’042 patent.
`
`5.
`
`In drafting this declaration, I relied on my years of education, research,
`
`and industry and academic experience, including my direct experience and
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`contribution in the area of wireless communications and telecom technology. I also
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`Page | 1
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`Page 2 of 4
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`
`
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`considered my declaration in the Microsoft IPR (MS-1003), the materials cited
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`
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`therein, and the following documents:
`
`• Google’s Proposed Constructions, Proxense, LLC v. Google LLC, No.
`
`6:23-cv-00320 (W.D. Tex);
`
`•
`
`Proxense’s Proposed Constructions, Proxense, LLC v. Google LLC, No.
`
`6:23-cv-00320 (W.D. Tex);
`
`• Claim Construction Order, Proxense, LLC v. Google LLC, No. 6:23-cv-
`
`00320 (W.D. Tex. January 23, 2024); and
`
`• Decision Granting Institution of Inter Partes Review, Microsoft Corp. v.
`
`Proxense LLC, IPR2024-00573, Paper 11 (PTAB August 13, 2024).
`
`6.
`
`I reserve the right to rely upon these materials and other materials to
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`rebut arguments raised by the Patent Owner. I further reserve the right to supplement
`
`this declaration in response to additional evidence that may become known during
`
`this proceeding.
`
`7.
`
`In connection with any testimony I may be asked to give to the Patent
`
`Trial and Appeal Board, I may use as exhibits various documents that relate to
`
`matters set forth in this declaration and my original declaration (MS-1003).
`
`Page | 2
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`Page 3 of 4
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`
`
`
`III. OPINIONS
`8.
`After considering the evidence in the Microsoft IPR and the present
`
`
`
`proceeding, I maintain and agree with the facts, analysis, and conclusions set forth
`
`in MS-1003.
`
`9.
`
`I understand the parties in related proceedings have proposed claim
`
`constructions for certain terms in the ’042 patent (see Exs. 1017, 1019). These
`
`proposed claim constructions do not alter my opinions regarding the patentability of
`
`the ’042 patent in MS-1003.
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`10.
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`I declare all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true; and further
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`that the statements were made with the knowledge that willful false statements and
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`the like so made are punishable by fine or imprisonment, or both, under Section 1001
`
`of Title 18 of the United States Code.
`
`
`
`Respectfully submitted,
`
`/s
`Dr. Patrick Traynor
`
`
`Date: Wednesday, August 21, 2024.
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`
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`Page | 3
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`Page 4 of 4
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