`
`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. 6,624,392
`
`
`
`
`
`
`53341712.1
`
`- 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 1021. The only differences between the present petition and the petition
`
`of Exhibit 1021 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 1021 petition).
`
`3.
`
`Exhibits 1001 to 1019 of the present petition are identical to the 19
`
`documents (separated by single-sheet identifiers) attached as Exhibit 1022—which
`
`19 documents were Exhibits 1001 to 1019 to the Exhibit 1021 petition—except for
`
`the exhibit labels and page numbering on Exhibits 1001 to 1019, which were not
`
`present on the 19 exhibits of Exhibit 1022. The single-sheet identifiers that
`
`separate the 19 exhibits of Exhibit 1022 from each other were not part of those 19
`
`exhibits when they were filed with the Exhibit 1021 petition. The last page of the
`
`Exhibit 1021 petition includes a certificate of service.
`
`4.
`
`I uploaded
`
`to
`
`the Patent Trial and Appeal Board’s website
`
`(https://ptabtrials.uspto.gov/) on November 21, 2013 the Exhibit 1021 petition
`
`53341712.1
`
`- 2 -
`
`
`
`(with its certificate of service at the last page) and the 19 exhibits of Exhibit 1022;
`
`I paid the fee of $23,000 from my law firm’s deposit account (501212) for the
`
`Exhibit 1021 petition, which was accorded inter partes review no. IPR2014-00186
`
`(as reflected in the fee receipt of Exhibit 1023 that I received from the Board); and
`
`I then pushed a “submit” button on the PTAB’s website.
`
`5.
`
`Exhibit 1024 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 1021 petition and the 19 exhibits of Exhibit 1022.
`
`6.
`
`Exhibit 1025 is the email that I sent to Patent Owner’s counsel in the
`
`Litigation, serving (as reflected in the listing of “Attachments”) the Exhibit 1021
`
`petition and the 19 exhibits of Exhibit 1022.
`
`7.
`
`On November 22, 2013, I uploaded and submitted the power of
`
`attorney and certificate of service that comprise Exhibit 1026 on the PTAB’s
`
`website via the IPR2014-00186 file associated with “My Docket” and served same
`
`on Patent Owner (and on Patent Owner’s counsel in the Litigation).
`
`8.
`
`Exhibit 1027 is an email reflecting the pick-up and delivery
`
`information for the Express Mail package I used to send the Exhibit 1026 power of
`
`attorney and certificate of service to Patent Owner’s representative’s USPTO
`
`correspondence address.
`
`53341712.1
`
`- 3 -
`
`
`
`9.
`
`Exhibit 1028 is an email I sent to Patent Owner’s counsel
`
`in the
`
`Litigation, serving (as reflected in the listing of “Attachments”) the Exhibit 1026
`
`power of attorney and certificate of service.
`
`10. 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.
`
`11.
`
`All statements made of my own knowledge are true and all statements
`
`made on information and belief are believed to be true; all statements were made
`
`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.
`Dated: %
`
`fly!
`A
`
`Mark T. Garrett
`
`Registration No. 44,699
`
`533417121
`
`- 4 —
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
