`Parrot, Inc. v. Drone
`Technologies, Inc.
`IPR2014-00732
`
`
`
`1, James E. Hopenfeld, do hereby declare and state, that all statements made
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`herein of my own knowledge are true and correct and all statements made on
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`information and belief are believed to be true and correct; and further that the
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`statements were made with the knowledge that willful false statements and the like
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`so made are punishable by fine or imprisonment, or both, under the laws of the
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`United States of America.
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` Dated: February 9, 2015
`
`
`
`1.
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`I am a Partner at Osha Liang LLP and represent Petitioners Parrot SA
`
`and Parrot, Inc. (collectively, “Parrot” or “Petitioner”).
`
`I am also lead counsel in
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`IPR2014-00730 and IPR2014-00732.
`
`2.
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`Due to clerical errors in the assembly of certain exhibits in both
`
`proceedings, Petitioner is seeking authorization to file corrected exhibits.
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`3.
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`Exhibit 1011 to the Petition for Inter Partes Review of U.S. Patent
`
`No. 8,106,748 is the declaration of Prof. Raffaello D’Andrea, in which he sets
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`forth his opinions of unpatentability of the claims of the ’748 patent. On behalf of
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`Osha Liang LLP, I prepared and represented Prof. D’Andrea at his deposition in
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`this proceeding, which occurred on January 8, 2015.
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`4.
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`In the course of preparing for the deposition,
`
`I
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`learned that Prof.
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`D’Andrea’s CV was inadvertently not included in the declaration in Exhibit 1011
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`when it was filed, even though the declaration clearly describes the CV and refers
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`to it as being attached as “Appendix B” to the declaration. Upon further
`
`investigation, I learned this was an error that was made during the assembly of the
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`exhibit prior to filing in PRPS, as we had received Prof. D’Andrea’s CV for his
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`declaration prior to the time of filing the IPR petitions.
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`5.
`
`During Prof. D’Andrea’s deposition,
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`I fithher learned that Exhibit
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`1011 had the wrong signature page attached to it—instead of the correct signature
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`page, Exhibit 1011 had a duplicate of the signature page that accompanied Exhibit
`
`
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`1010 in IPR2014-00730, which is Prof. D’Andrea’s declaration regarding the
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`unpatentability of a related patent, US. Patent No. 7,584,071. Upon further
`
`investigation,
`
`I
`
`learned that this was another error that was made during the
`
`assembly of the exhibit prior to filing in PRPS. Although we received Prof.
`
`D‘Andrea’s signature pages for both declarations on April 30, 2014, somehow in
`
`the process of assembling the exhibits, the wrong signature page was attached to
`
`the declaration that was turned into Exhibit 1011. Attached is a true and correct
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`copy of my email showing that I received Prof. D’Andrea’s signature pages for
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`both declarations, with his authorization to finalize any remaining typographical
`
`errors and attach his signature to each.
`
`1 have not located any records confirming
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`receipt of the paper originals of these signature pages; however,
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`there is no
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`evidence to suggest that the signature pages I received from Prof. D’Andrea by
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`email were anything other than what they purport to be.
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`6.
`
`The
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`above-described
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`recently-discovered
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`clerical
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`errors were
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`unintentional, are being promptly corrected, and have not caused any prejudice or
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`harm to Patent Owner. Indeed, it was not until Patent Owner’s counsel sent a letter
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`dated January 22, 2015, that it became apparent that Patent Owner intended to
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`challenge the authenticity of Prof. D’Andrea’s declaration because of clerical
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`errors. Although under no obligation to do so, Petitioner immediately investigated
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`
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`the issue and, on January 26, served cepies of corrected versions of the exhibits on
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`Patent Owner.
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`
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