`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`PAYRANGE INC.,
`
`Plaintiff,
`
`v.
`
`CSC SERVICEWORKS, INC.,
`
`Defendant.
`
`
`
`
`Case No. 1:23-cv-00278-MN
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF EVAN J. WEIDNER IN SUPPORT OF CSC’S
`MOTION TO STAY PENDING INTER PARTES REVIEW
`
`Date: February 9, 2024
`
`John C. Phillips, Jr. (#110)
`Megan C. Haney (#5016)
`PHILLIPS, MCLAUGHLIN & HALL, P.A.
`1200 North Broom Street
`Wilmington, DE19806
`(302) 655-4200
`jcp@pmhdelaw.com
`mch@pmhdelaw.com
`
`Attorneys for Defendant
`CSC ServiceWorks, Inc.
`
`1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:23-cv-00278-MN Document 54 Filed 02/09/24 Page 2 of 3 PageID #: 1019
`
`
`
`
`I, Evan J. Weidner, declare as follows:
`
`1.
`
`I, Evan J. Weidner, am an attorney at Shook, Hardy & Bacon, L.L.P. (“Shook”),
`
`counsel of record for Defendant CSC ServiceWorks, Inc. (“CSC”). I am admitted to practice in
`
`this Court pro hac vice.
`
`2.
`
`I am over 18 years of age and competent to make this declaration. If called to testify
`
`as a witness, I could and would testify truthfully under oath to each of the statements in this
`
`declaration. I make each statement based on my personal knowledge or after investigation of the
`
`relevant information.
`
`3.
`
`Attached hereto as Exhibit A is a true and correct copy of the Patent Trial and
`
`Appeal Board’s Decision Granting Institution of Inter Partes Review of the ‘045 Patent in
`
`IPR2023-01186.
`
`4.
`
`Attached hereto as Exhibit B is a true and correct copy of a printout of a January
`
`29, 2024 email from Ryan Smith to Mark Schafer regarding the settlement between PayRange and
`
`Kiosoft.
`
`5.
`
`Attached hereto as Exhibit C is a true and correct copy of a printout of PayRange’s
`
`Press
`
`Release
`
`regarding
`
`its
`
`settlement
`
`with
`
`Kiosoft,
`
`available
`
`at:
`
`https://www.payrange.com/News/payrange-settles-patent-dispute-with-kiosoft-securing-62-
`
`million-licensing-deal/.
`
`6.
`
`Attached hereto as Exhibit D is a true and correct copy of PayRange’s Cover
`
`Pleading to its Second Amended Infringement Contentions.
`
`7.
`
`Attached hereto as Exhibit E is a true and correct copy of the Patent Trial and
`
`Appeal Board’s Fiscal Year 2023 End of Year Outcome Roundup IPR, PGR, available at:
`
`https://www.uspto.gov/patents/ptab/statistics.
`
`
`
`2
`
`
`
`Case 1:23-cv-00278-MN Document 54 Filed 02/09/24 Page 3 of 3 PageID #: 1020
`
`8.
`
`Attached hereto as Exhibit F is a true and correct copy of a Minute in Case No.
`
`DDE-1-19-cv-00905-MN, granting a motion to stay pending IPR following proceedings held
`
`before Judge Maryellen Noreika via telephone on March 17, 2021 (retrieved from Docket
`
`Navigator).
`
`9.
`
`Attached hereto as Exhibit G is a true and correct copy of Defendants’ Opening
`
`Brief in Support of Its Motion to Stay Pending Inter Partes Review (D.I. 145) in Case No. DDE-
`
`1-19-cv-00905-MN (retrieved from Docket Navigator).
`
`10.
`
`Attached hereto as Exhibit H is a true and correct copy of an Order (D.I. 166)
`
`granting Defendants’ Motion for Stay Pending Resolution of Inter Partes Review in Case No. 1-
`
`18-cv-01436-MN (retrieved from Docket Navigator).
`
`11.
`
`Attached hereto as Exhibit I is a true and correct copy of Defendants’ Opening
`
`Brief in Support of Motion for Stay Pending Resolution of Inter Partes Review (D.I. 137) in Case
`
`No. 1-18-cv-01436-MN (retrieved from Docket Navigator).
`
`12.
`
`I declare under penalty of perjury under the laws of the United States of America
`
`that the foregoing is true and correct.
`
`
`
`Executed on February 9, 2024, in Kansas City, Missouri
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /s/ Evan J. Weidner
`Evan J. Weidner
`
`
`
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
