`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`EURO-PRO OPERATING LLC
`Petitioner
`
`
`v.
`
`
`ACORNE ENTERPRISES, LLC
`Patent Owner
`
`
`
`Inter Partes Review No. Unassigned
`
`
`DECLARATION OF MARK T. GARRETT IN SUPPORT OF EURO-PRO
`OPERATING LLC’S PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 6,515,262
`
`
`
`
`
`
`Euro-Pro Exhibit 1018
`Euro-Pro v. Acorne
`
`53319491.1
`
`- 1 -
`
`
`
`I, Mark T. Garrett, declare:
`
`1.
`
`I am a citizen of the United States and am over 18 years of age. I
`
`have personal knowledge of the facts below. I am an attorney with the Austin,
`
`Texas Office of Fulbright & Jaworski LLP, and have been registered to practice
`
`before the United States Patent and Trademark Office since September 1999.
`
`2.
`
`The present petition is substantively identical to the petition attached
`
`as Exhibit 1019. The only differences between the present petition and the petition
`
`of Exhibit 1019 are the dates of signing and service, the language of Section III
`
`(“GROUNDS FOR STANDING”), and the exhibit list filed with this petition
`
`(which was not filed with the Exhibit 1019 petition).
`
`3.
`
`Exhibits 1001 to 1017 of the present petition are identical to the 17
`
`documents (separated by single-sheet identifiers) attached as Exhibit 1020—which
`
`17 documents were Exhibits 1001 to 1017 to the Exhibit 1019 petition—except for
`
`the exhibit labels and page numbering on Exhibits 1001 to 1017, which were not
`
`present on the 17 exhibits of Exhibit 1020. The single-sheet identifiers that
`
`separate the 17 exhibits of Exhibit 1020 from each other were not part of those 17
`
`exhibits when they were filed with the Exhibit 1019 petition.
`
`4.
`
`Exhibit 1021 is the certificate of service for the Exhibit 1019 petition
`
`and the 17 exhibits of Exhibit 1020.
`
`53319491.1
`
`- 2 -
`
`
`
`5.
`
`I uploaded
`
`to
`
`the Patent Trial and Appeal Board’s website
`
`(https://ptabtrials.uspto.gov/) by November 21, 2013 the Exhibit 1019 petition and
`
`the 17 exhibits of Exhibit 1020; I paid the fee of $23,000 from my law firm’s
`
`deposit account (501212) for the Exhibit 1019 petition, which was accorded inter
`
`partes review no. IPR2014-00182 (as reflected in the fee receipt of Exhibit 1022
`
`that I received from the Board); and I pushed a “submit” button on the PTAB’s
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`website after uploading the Exhibit 1019 petition and the 17 exhibits of Exhibit
`
`1020 and paying the $23,000 fee.
`
`6.
`
`On November 21, 2013, after submitting the Exhibit 1019 petition and
`
`17 exhibits of Exhibit 1020, I uploaded and submitted the Exhibit 1021 certificate
`
`of service on the PTAB’s website via the IPR2014-00182 file associated with “My
`
`Docket.”
`
`7.
`
`Exhibit 1023 is the customer copy of the Express Mail receipt
`
`associated with the documents that I sent in an Express Mail package addressed to
`
`Patent Owner’s
`
`representative’s USPTO correspondence address, which
`
`documents were the Exhibit 1019 petition, the 17 exhibits of Exhibit 1020, and the
`
`Exhibit 1021 certificate of service.
`
`8.
`
`Exhibit 1024 is the email that I sent to Patent Owner’s counsel in the
`
`Litigation, serving (as reflected in the listing of “Attachments”) the Exhibit 1019
`
`53319491.1
`
`- 3 -
`
`
`
`petition, the 17 exhibits of Exhibit 1020, and the Exhibit 1021 certificate of
`
`service.
`
`9.
`
`On November 22, 2013, I uploaded and submitted the power of
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`attorney and certificate of service that comprise Exhibit 1025 on the PTAB’s
`
`website via the IPR2014-00182 file associated with “My Docket” and served same
`
`on Patent Owner (and on Patent Owner’s counsel in the Litigation).
`
`10. Exhibit 1026 is an email reflecting the pick-up and delivery
`
`information for the Express Mail package I used to send the Exhibit 1025 power of
`
`attorney and certificate of service to Patent Owner’s representative’s USPTO
`
`correspondence address.
`
`11. Exhibit 1027 is an email I sent to Patent Owner’s counsel in the
`
`Litigation, serving (as reflected in the listing of “Attachments”) the Exhibit 1025
`
`power of attorney and certificate of service.
`
`12. At the suggestion of a Board staff member, the undersigned intends to
`
`request a conference call with the Board to request that the present petition be
`
`accorded a filing date of no later than November 22, 2013.
`
`53319491.1
`
`- 4 -
`
`
`
`13.
`
`All statements made of my own knowledge are true and all statements
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`made on information and belief are believed to be true; all statements were made
`
`with the knowledge that willful
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`false statements and the like so made are
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`punishable by fine or imprisonment, or both, under section 1001 of Title 18 of the
`
`United States Code.
`
`Dated:
`
`l2fiu_¢t% /2;90/'—/
`
`éééé gé
`
`Mark T. Garrett
`
`Registration No. 44,699
`
`53319491.1
`
`— 5 —
`
`
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