`
`Filed on behalf of: Unified Patents Inc.
`By: P. Andrew Riley
`Joshua D. Goldberg
`Kai Rajan
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, L.L.P.
`901 New York Avenue, NW
`Washington, DC 20001–4413
`Telephone: 202-408-4000
`E–mail:
`Convergent-183-IPR@finnegan.com
`
`
`
`Jonathan Stroud
`Unified Patents Inc.
`1875 Connecticut Ave. NW, Floor 10
`Washington, D.C., 20009
`Telephone: 202-805-8931
`E-mail:
`jonathan@unifiedpatents.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner
`
`v.
`
`QURIO HOLDINGS, INC.,
`Patent Owner
`____________
`
`IPR2016-00047
`Patent 8,640,183
`Method and Apparatus for Browsing Using Alternative Linkbases
`____________
`
`PETITIONER’S VOLUNTARY INTERROGATORY RESPONSES
`
`
`
`
`
`
`
`
`
`Page 1 of 8
`
`Unified Patents Exhibit 1008
`
`
`
`
`
`
`
`Petitioner, Unified Patents Inc. provides the following voluntary
`
`interrogatory responses.
`
`DEFINITIONS
`
`A. ’183 PATENT means U.S. Patent No. 8,640,183.
`
`B. COMMUNICATIONS means the transmission or receipt of information of
`
`any kind through any means (e.g., email, text message, voicemail, audio,
`
`computer readable media, or orally).
`
`C. MEMBER means any company that participates in UNIFIED’S solution and
`
`MEMBERS means all such companies.
`
`D. IPR means inter partes review
`
`E. THE INSTANT IPR means this proceeding.
`
`F. PETITION means the petition, including the exhibits thereto, for THE
`
`INSTANT IPR.
`
`G. UNIFIED means Unified Patents Inc. and includes any shareholder, officer,
`
`director, employee, agent, representative, privies, intermediaries or other
`
`individual authorized to act on behalf of Unified Patents Inc.
`
`H. USPTO means the United States Patent and Trademark Office.
`
`
`
`
`
`
`
`1
`
`Page 2 of 8
`
`
`
`
`
`
`
`RESPONSES TO INTERROGATORIES
`
`INTERROGATORY NO. 1:
`
`Identify any COMMUNICATIONS between UNIFIED and any entity other than
`
`its counsel relating to the financing, preparation, editing, prior review, or approval
`
`of the PETITION.
`
`RESPONSE NO. 1:
`
`UNIFIED states that no such communications exist.
`
`UNIFIED states that it was founded by intellectual property professionals
`
`over concerns with the increasing risk of non-practicing entities (NPEs) asserting
`
`poor quality patents against strategic technologies and industries. The founders
`
`thus created a first-of-its-kind company whose sole purpose is to deter NPE
`
`litigation by protecting technology sectors, like content delivery, the technology at
`
`issue in the ’183 patent. Companies in a technology sector subscribe to UNIFIED’s
`
`technology specific deterrence, and in turn, UNIFIED performs many NPE-
`
`deterrent activities, such as analyzing the technology sector and monitoring patent
`
`activity (including patent ownership and sales, NPE demand letters and litigation,
`
`and industry companies). UNIFIED’s monitoring activities allow UNIFIED to
`
`identify patents, perform prior art research, analyze invalidity, and to sometimes
`
`file reexams or IPRs against some patents.
`
`
`
`2
`
`Page 3 of 8
`
`
`
`
`
`UNIFIED states that it has sole and absolute discretion over its decision to
`
`contest patents through the USPTO’s post-grant proceedings. Based on its own
`
`analysis, UNIFIED determines which patents are worth pursuing in terms of
`
`searching for prior art or taking action, including filing an IPR. UNIFIED’s
`
`decisions to file an IPR are made independently without the input, assistance or
`
`approval of its MEMBERS. Should UNIFIED decide to challenge a patent in a
`
`post-grant proceeding, UNIFIED controls every aspect of such a challenge,
`
`including controlling which patent and claims to challenge, which prior art to apply
`
`and the grounds raised in the challenge, and when to bring any challenge.
`
`MEMBERS receive no prior notice of UNIFIED’s patent challenges. After
`
`filing a post-grant proceeding, UNIFIED retains sole and absolute discretion and
`
`control over all strategy decisions (including any decision to continue or terminate
`
`UNIFIED’s participation). UNIFIED is also solely responsible for paying for the
`
`preparation, filing, and prosecution of any post-grant proceeding, including any
`
`expenses associated with the proceeding.
`
`In THE INSTANT IPR, UNIFIED exercised its sole discretion and control
`
`in deciding to file this PETITION against the ’183 patent, including paying for all
`
`fees and expenses. UNIFIED shall exercise sole and absolute control and
`
`discretion of the continued prosecution of this proceeding (including any decision
`
`
`
`3
`
`Page 4 of 8
`
`
`
`
`
`to terminate UNIFIED’s participation) and shall bear all subsequent costs related to
`
`this proceeding.
`
`
`
`INTERROGATORY NO. 2: Identify any individuals acting for or on behalf of
`
`any entity other than UNIFIED’S counsel that participated or assisted in any way
`
`with the financing, preparation, editing, prior review, approval, or filing of the
`
`PETITION.
`
`RESPONSE NO. 2:
`
`
`
`UNIFIED states that no such individuals exist. UNIFIED further states that
`
`no individuals other than UNIFIED employees and its counsel had any prior
`
`knowledge of the filing of THE INSTANT IPR.
`
`
`
`As stated in response to Interrogatory No. 1, in the instant proceeding,
`
`UNIFIED exercised its sole discretion and control in deciding to file this petition
`
`against the ’183 patent, including paying for all fees and expenses. UNIFIED shall
`
`exercise sole and absolute control and discretion of the continued prosecution of
`
`this proceeding (including any decision to terminate UNIFIED’s participation) and
`
`shall bear all subsequent costs related to this proceeding.
`
`UNIFIED further states that its MEMBERS do not get to participate in any
`
`way in UNIFIED’s deterrent activities. UNIFIED does not receive input from its
`
`members, nor give them an opportunity to participate or an opportunity to even
`4
`
`
`
`Page 5 of 8
`
`
`
`
`
`know that UNIFIED is contemplating filing an IPR before the IPR is filed. In the
`
`instant proceeding, none of UNIFIED’s MEMBERS had any prior knowledge of,
`
`or involvement in, the preparation and filing of the INSTANT IPR.
`
`
`
`INTERROGATORY NO. 3:
`
`Identify payments by any entity to UNIFIED relating to the financing of the
`
`INSTANT IPR.
`
`RESPONSE NO. 3:
`
`
`
`
`
`UNIFIED states that no such payments exist.
`
`UNIFIED states that its MEMBERS pay only a yearly subscription fee to a
`
`specific technology zone, and in return, UNIFIED performs its many NPE-
`
`deterrent activities. UNIFIED’s MEMBERS do not pay any fees designated for
`
`IPRs, let alone for IPRs against specific patents. It is UNIFIED and UNIFIED
`
`alone that determines how to spend its money. UNIFIED independently selects
`
`which patents to target based on the perceived deterrent value to a technology
`
`zone. Based on its own analysis, UNIFIED determines which patents are worth
`
`pursuing in terms of filing an IPR or performing some other activity. UNIFIED’s
`
`decisions to file an IPR are made independently without the input, assistance, or
`
`approval of its MEMBERS. UNIFIED states that there are no explicit or implicit
`
`
`
`5
`
`Page 6 of 8
`
`
`
`
`
`agreements with its MEMBERS about UNIFIED’s performing any particular
`
`deterrent strategy, including the INSTANT IPR.
`
`//
`
`Unified Patents Inc.
`
`By: /P. Andrew P. Riley/
`P. Andrew Riley, Reg. No. 66,290
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P.
`901 New York Avenue, NW
`Washington, DC 20001-4413
`(202) 408-4266
`
`
`
`
`
`
`
`
`
`
`
`6
`
`Page 7 of 8
`
`
`
`
`
`
`
`VERIFICATION
`
`I, Kevin Jakel, state that I am CEO of Unified Patents Inc., and that I am
`authorized to make this verification for and on its behalf. I certify that I have read
`the foregoing Interrogatory responses, and that the responses are true and accurate
`to the best of my own knowledge, information and belief. Further, I make this
`verification with the knowledge that willful false statements and the like so made
`are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of
`the United States Code and that such willful false statements may jeopardize the
`results of these proceedings.
`
` declare under penalty of perjury that the foregoing is true and correct.
`
`By: ____________________
` Kevin Jakel
`
` I
`
`
`
`
`
`
`
`63
`
`Page 8 of 8