`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`ANCORA TECHNOLOGIES, INC.,
`
`
`CIVIL ACTION NO. 6:21-cv-735-ADA
`
`Plaintiff,
`
`JURY TRIAL DEMANDED
`
`vs.
`
`GOOGLE LLC,
`
`Defendant.
`
`
`
`ANCORA TECHNOLOGIES, INC.,
`
`
`CIVIL ACTION NO. 6:21-cv-737-ADA
`
`Plaintiff,
`
`JURY TRIAL DEMANDED
`
`vs.
`
`ROKU, INC.,
`
`Defendant.
`
`
`
`ANCORA TECHNOLOGIES, INC.,
`
`
`CIVIL ACTION NO. 6:21-cv-738-ADA
`
`Plaintiff,
`
`JURY TRIAL DEMANDED
`
`vs.
`
`NINTENDO CO., LTD., and RETRO
`STUDIOS, INC.,
`
`Defendant.
`
`
`
`DECLARATION OF ROBERT W. UNIKEL IN SUPPORT OF DEFENDANTS’
`OPENING CLAIM CONSTRUCTION BRIEF
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`
`
`
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`
`
`
`
`
`
`Case 6:21-cv-00735-ADA Document 32-3 Filed 01/27/22 Page 2 of 3
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`
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`I, Robert W. Unikel, declare as follows:
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`1.
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`I am an attorney with the law firm Paul Hastings LLP and counsel for Defendant
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`Google LLC (“Google”). I have personal knowledge of the facts contained in the declaration and,
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`if called upon to do so, I could and would testify competently to the matters set forth herein.
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of U.S. Patent No. 6,311,941,
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`issued on June 25, 2002.
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`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of excerpts from The BIOS
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`Companion, bearing the Bates range GOOG-ANCORA-00000980–GOOG-ANCORA-00001009.
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`4.
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`Attached hereto as Exhibit 3 is a true and correct copy of the Amendment dated
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`February 5, 2002, excerpted from the prosecution history of U.S. Application No. 09/164,777.
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`5.
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`Attached hereto as Exhibit 4 is a true and correct copy of the Notice of Allowability
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`dated March 28, 2002, excerpted from the prosecution history of U.S. Application No. 09/164,777.
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`6.
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`Attached hereto as Exhibit 5 is a true and correct copy of the deposition transcript
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`of Ian Jestice, taken May 3, 2012 in Ancora Technologies, Inc. v. Apple, Inc., No. 4:11-cv-11-
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`6357-YGR (N.D. Cal.).
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`7.
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`Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the
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`Microsoft Press Computer User’s Dictionary, bearing the Bates range NIN_ANC_0027186-
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`NIN_ANC_0027192.
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`8.
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`Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the
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`Dictionary of Computer and Internet Terms, bearing the Bates range NIN_ANC_0026369-
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`NIN_ANC_0026376.
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`9.
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` Attached hereto as Exhibit 8 is a true and correct copy of What Is The BIOS, an
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`article in Smart Computing magazine.
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`1
`
`
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`Case 6:21-cv-00735-ADA Document 32-3 Filed 01/27/22 Page 3 of 3
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`
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`10.
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`Attached hereto as Exhibit 9 is a true and correct copy of excerpts from Beyond
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`BIOS: Developing with the Unified Extensible Firmware Interface xi–xii (2d ed. 2010).
`
`11.
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`Attached hereto as Exhibit 10 is a true and correct copy of the Patent Owner’s
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`Preliminary Response to Petition, No. CBM2017-00054 (Jun. 15, 2017).
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`12.
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`Attached hereto as Exhibit 11 is a true and correct copy of Plaintiff’s Opening
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`Claim Construction Brief, Ancora Techs. v. LG Elecs. Inc., No. 1:20-CV-00034-ADA, Dkt. 44 at
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`18 (W.D. Tex. Mar, 20, 2020).
`
`13.
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`Attached hereto as Exhibit 12 is a true and correct copy of the Supplemental Claim
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`Construction Order, Ancora Techs. v. LG Elecs. Inc., No. 1:20-CV-00034-ADA, Dkt. 93 (W.D.
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`Tex. Aug. 19, 2020).
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`14.
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`Attached hereto as Exhibit 13 is a true and correct copy of Patent Owner’s
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`Preliminary Response at 20–31, IPR2021-01406 (Dec. 17, 2021).
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`15.
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`Attached hereto as Exhibit 14 is a true and correct copy of the Final Claim
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`Constructions of the Court, Ancora Techs. v. LG Elecs. Inc., No. 1:20-CV-00034-ADA, Dkt. 69
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`at 4 (W.D. Tex. June 2, 2020).
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`16.
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`Attached hereto as Exhibit 15 is a true and correct copy of the Application dated
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`October 1, 1998, excerpted from the prosecution history of U.S. Application No. 09/164,777.
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`17.
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`Attached hereto as Exhibit 16 is a true and correct copy of the Amendment dated
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`May 21, 2001, excerpted from the prosecution history of U.S. Application No. 09/164,777.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed this 27th
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`day of January, 2022 in Chicago, Illinois.
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`
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`
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`/s/ Robert W. Unikel
`Robert W. Unikel
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`
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`2
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