Case 2:12-cv-02781-JPM-tmp Document 55-2 Filed 11/26/13 Page 1 of 3 PageID 359
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`Plaintiff,
`
`v.
`
`GROUPON, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`Civil Action No. 2:12-cv-02781-JPM-tmp
`
`Hon. Jon Phipps McCalla
`
`DECLARATION OF AARON J. WEINZIERL
`
`I, AARON J. WEINZIERL, declare as follows:
`
`1.
`
`I am a member of the law firm Foley & Lardner LLP, counsel for Defendant
`
`Groupon, Inc. (“Groupon”) in this action. I submit this Declaration in connection with Groupon,
`
`Inc.’s Motion to Stay Proceedings Pending Inter Partes Review.
`
`2.
`
`Attached hereto as Exhibit A is a true and correct copy of the Petition for Inter
`
`Partes Review of U.S. Patent No. 6,628,314, Case No. IPR2014-00038, filed with the United
`
`States Patent and Trademark Office on October 8, 2013 by Google Inc.
`
`3.
`
`Attached hereto as Exhibit B is a true and correct copy of the Petition for Inter
`
`Partes Review of U.S. Patent No. 6,628,314, Case No. IPR2014-00039, filed with the United
`
`States Patent and Trademark Office on October 9, 2013 by Microsoft Corporation.
`
`4.
`
`Attached hereto as Exhibit C is a true and correct copy of the Petition for Inter
`
`Partes Review of U.S. Patent No. 6,628,314, Case No. IPR2014-00052, filed with the United
`
`States Patent and Trademark Office on October 9, 2013 by Facebook Inc.
`
`4833-5120-3351.1
`
`

`
`Case 2:12-cv-02781-JPM-tmp Document 55-2 Filed 11/26/13 Page 2 of 3 PageID 360
`
`
`5.
`
`Attached hereto as Exhibit D is a true and correct copy of the Petition for Inter
`
`Partes Review of U.S. Patent No. 6,628,314, Case No. IPR2014-00053, filed with the United
`
`States Patent and Trademark Office on October 9, 2013 by Facebook Inc.
`
`6.
`
`Attached hereto as Exhibit E are true and correct copies of the Notices of Filing
`
`Date Accorded to Petition and Time for Filing Patent Owner Preliminary Response, filed by the
`
`Patent Trial and Appeal Board with respect to the four above-referenced petitions for inter partes
`
`review, Case Nos. IPR2014-00038, IPR2014-00039, IPR2014-00052, and IPR2014-00053.
`
`7.
`
`Shortly after filing of the IPR petitions, B.E. and the defendants in the actions
`
`B.E. filed in this District (“the B.E. Actions”) engaged in discussions regarding a potential stay
`
`of the B.E. Actions. These discussions lasted several weeks. On November 26, 2013, counsel
`
`for B.E. and Groupon formally met-and-conferred regarding the Motion. During the meet-and-
`
`confer, the parties agreed to a stay of this case so long as all proceedings related to the ’290 and
`
`’314 patents in the B.E. Actions are stayed.
`
`8.
`
`Counsel for Groupon also discussed the stay issue with counsel for the defendants
`
`in the B.E. Actions. Based on those discussions, Groupon understands that most if not all of the
`
`defendants will either join in the request by moving to stay their respective cases, or will not
`
`oppose a stay (perhaps based on one or more conditions). For example, Apple has indicated that,
`
`at this time, it does not plan to request a stay of its case but also does not plan to actively oppose
`
`such a stay should the Court order a stay with respect to all the related B.E. Actions. Apple and
`
`the other defendants may file notices or other papers in their respective cases further explaining
`
`their positions on a potential stay.
`
`9.
`
`Attached hereto as Exhibit F is a true and correct copy of a United States Patent
`
`and Trademark Office publication entitled “Patent Trial and Appeal Board, AIA Progress,
`
`4833-5120-3351.1
`
`2
`
`

`
`Case 2:12-cv-02781-JPM-tmp Document 55-2 Filed 11/26/13 Page 3 of 3 PageID 361
`
`
`Statistics
`
`(as
`
`of
`
`11/14/2013)”,
`
`also
`
`available
`
`on-line
`
`at:
`
`http://www.uspto.gov/ip/boards/bpai/stats/aia_statistics_11_14_2013.pdf.
`
`10.
`
`Attached hereto as Exhibit G is a true and correct copy of Docket Entry No. 85 in
`
`the matter styled One Stockduq Holdings, LLC v. Becton, Dickinson & Co., No. 2:12-cv-3037-
`
`JPM-tmp (W.D. Tenn. Nov. 12, 2013).
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Dated: November 26, 2013
`
` Chicago, Illinois
`
`/s/ Aaron J. Weinzierl
`Aaron J. Weinzierl
`
`4833-5120-3351.1
`
`3