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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ____________
`
`PARROT S.A. and PARROT, INC.
`Petitioners
`v.
`DRONE TECHNOLOGIES, INC.
`Patent Owner
`____________
`
`Case IPR2014-00732
`Patent 8,106,748
`____________
`
`
`
`
`PATENT OWNER’S RESPONSE TO PETITIONERS’
`MOTION TO CORRECT EXHIBIT [PAPER NO. 14]
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`

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`Patent Owner’s Response to the Petitioners’ Motion to Correct Exhibit
`Case IPR2014-00732
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`EXHIBIT LIST
`
`Description
`
`
`Exhibit No.
`U.S. Patent 8,106,748
`1001
`U.S. Patent 5,043,646
`1002
`French Patent No. 2789765
`1003
`Certified Translation of French Patent No. 2789765
`1004
`U.S. Publication No. 2006/0144994
`1005
`1006
`Exhibit Intentionally Left Blank
`U.S. Patent No. 7,219,861
`1007
`U.S. Patent No. 6,751,529
`1008
`U.S. Patent No. 7,145,551
`1009
`U.S. Publication No. 2004/263479
`1010
`Declaration of Dr. Raffaello D’Andrea (Attachments A-C)
`1011
`U.S. Patent No. 613,809 to Tesla (“Tesla”)
`1011, Att. A
`U.S. Patent No. 3,101,569 to Giardina (“Giardina”)
`1011, Att. B
`U.S. Patent No. 8,072,417 (“Jouanet”)
`1011, Att. C
`1011 (corrected) Corrected Declaration of Dr. Raffaello D’Andrea
`1012
`Claim Chart
`1013
`Declaration of Deborah Skolaski
`1014
`Declaration of James Hopenfeld
`1015
`Declaration of Dr. Raffaello D’Andrea
`2001
`D’Andrea Deposition Exhibit – Declaration Signature
`Page, ‘071
`D’Andrea Deposition Exhibit – Appendix A, Materials
`Considered by Dr. Raffaello D’Andrea
`D’Andrea Deposition Exhibit – Smith Patent
`D’Andrea Deposition Exhibit – Potiron Patent, French
`D’Andrea Deposition Exhibit – Translations Certification
`D’Andrea Deposition Exhibit – Declaration, ‘071
`D’Andrea Deposition Exhibit – Lee Patent, ‘071
`D’Andrea Deposition Exhibit – Bathiche Patent
`D’Andrea Deposition Exhibit – Declaration, ‘748
`D’Andrea Deposition Exhibit – Parrot Exhibits 1011 and
`1010
`D’Andrea Deposition Exhibit – Lee Patent, ‘748
`Transcript of Dr. Raffaello D’Andrea Deposition
`Declaration of Robert Sturges
`T. Terry email to Board, dated 1/28/2015
`
`2002
`
`2003
`2004
`2005
`2006
`2007
`2008
`2009
`2010
`
`2011
`2012
`2013
`2014
`
`
`Date Filed
`5/6/2014
`5/6/2014
`5/6/2014
`5/6/2014
`5/6/2014
`n/a
`5/6/2014
`5/6/2014
`5/6/2014
`5/6/2014
`5/6/2014
`5/6/2014
`5/6/2014
`5/6/2014
`2/9/2015
`5/6/2014
`2/9/2015
`2/9/2015
`2/9/2015
`Not filed
`
`Not filed
`
`Not filed
`Not filed
`Not filed
`Not filed
`Not filed
`Not filed
`Not filed
`Not filed
`
`Not filed
`2/11/2015
`2/11/2015
`2/16/2015
`
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`ii 
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`Patent Owner’s Response to the Petitioners’ Motion to Correct Exhibit
`Case IPR2014-00732
` 
`I.
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`PETITIONERS FAILED TO ADDRESS TWO DIRECT QUESTIONS
`During the 2/2/15 conference call, this Honorable Board posed two
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`questions: (1) Where are Dr. D’Andrea’s original signature pages? (2) Did Dr.
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`D’Andrea confirm his declaration during his deposition? Petitioners’ motion and
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`declarations fail to answer either question.
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`Regarding the first question, this Honorable Board is thus left with Dr.
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`D’Andrea’s testimony that (1) he did “not have a specific recollection of signing
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`the declaration,” (2) that “[i]t may be that it never happened,” and (3) that he didn’t
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`know where the original signature pages were. Ex. 2015, 71:15-17; 73:9-10; 80:9-
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`12. As to the second, Dr. D’Andrea never confirmed or adopted his unsigned
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`declaration, even during redirect. Id., p. 322.
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`II. DR. D’ANDREA’S CURATIVE DECLARATION RAISES MORE
`QUESTIONS THAN IT ANSWERS
`A. Why Did Petitioners Alter Dr. D’Andrea’s Email? While Dr.
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`D’Andrea swears that Attachment A is “a true and correct copy” of his 4/30/14
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`email (Ex. 1015, ¶ 4), inconsistencies suggest otherwise: (i) the “To” and “Cc”
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`fields in Dr. D’Andrea’s 5:33 AM email have been removed (although they are
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`present in preceding 6:26 AM email); (ii) the timestamps suggest that Dr.
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`D’Andrea’s 5:33 AM response was sent earlier than the 6:26 AM request of the
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`same day; and (iii) Dr. D’Andrea apparently has no record of the email as
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`1 
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`Patent Owner’s Response to the Petitioners’ Motion to Correct Exhibit
`Case IPR2014-00732
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`Attachment A was printed by Houston-based paralegal, Ms. Skolaski. Id.
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`Petitioners’ offer no explanation or clarification on any of these points.1
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`B. Where Is The Off-white, A4 Paper, and the Signatures on Each
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`Page? When working with hardcopies, Dr. D’Andrea’s standard practice in Zurich
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`is to use off-white, A4 paper.2 Consistent with his practice, Dr. D’Andrea printed
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`his curative declaration on off-white, A4-size paper (indicated by the shading and
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`whiter margins) and signed each page in the bottom right-hand corner. Id. If
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`Petitioner contends that the signature page in Ex. 1015 is a copy of the original
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`(albeit missing) signature page, why are there no artifacts (e.g. off-white body and
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`whiter margins) indicating that it was printed and signed on Dr. D’Andrea’s off-
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`white, A4 paper? And why is there no signature in the lower right-hand corner
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`(Ex. 1011) as he did with his curative declaration (Ex. 1015)?
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`C. What, If Anything, Was Actually Signed? Dr. D’Andrea’s 4/30/14
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`email explained that he didn’t “go over the documents” prior to signing and that he
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`assumed Petitioners’ counsel would “personally ensure that the documents are
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`ready to go.” Ex. 1015, Attach. A. Dr. D’Andrea also testified that Ms. Terry
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`typed the declarations while in Zurich and returned to the U.S. with his
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`                                                            
`Mr. Hopenfeld’s declaration is no better (Ex. 1014). He also attests to attaching “a
`1  
`true and correct copy” of the email in question (id., ¶ 5), but no such email is attached. 
`When looking at his petition declaration that was filed on standard paper, Dr.
`2  
`D’Andrea noted: “It’s just funny to see it in a different sized paper and color.” Ex. 2012,
`p. 176, ll. 4-5.  
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`2 
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`Patent Owner’s Response to the Petitioners’ Motion to Correct Exhibit
`Case IPR2014-00732
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`“incomplete” declarations on her laptop. Ex. 2012, p. 67, l. 12 – p. 69, l. 15, and p.
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`293, ll. 2-5. While they remained in her control until filing, Ms. Terry did not offer
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`a declaration as to the contents of the signed and filed declarations; nor did
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`Petitioners attach the 4/30/14 version that would permit comparison between what
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`was allegedly signed and what was filed six days later. Ex. 1011. Importantly, if
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`there are material differences, then the declaration is inadmissible. See United
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`States v. Mathies, 350 F.2d 963 (3d Cir. 1965).
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`III. PETITIONERS’ INCONSISTENT EXPLANATIONS
`Ms. Skolaski knew of the missing signature “in January before Dr.
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`D’Andrea’s deposition.” Ex. 1013, ¶6. Mr. Hopenfeld (lead counsel) learned about
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`it “during” the January 8, 2015 deposition (Ex. 1014, ¶6) and Ms. Terry (backup
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`counsel) told this Board in writing and orally that Petitioner did not know about the
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`errors until “after Patent Owner sent Petitioner a letter dated January 22, 2015.”
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`Ex. 2014. Beyond these inconsistencies, Petitioners fail to explain why the issue
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`was not brought to the Board’s attention immediately. After all, the Board
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`instituted trial based, at least in part, on Dr. D’Andrea’s unsigned declaration.
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`IV. CONCLUSION
`Because Petitioners (i) are unable to answer this Honorable Board’s simple
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`questions concerning Dr. D’Andrea’s declaration and (ii) failed to demonstrate that
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`the mistakes they are seeking to correct are merely “clerical or typographical” (37
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`C.F.R. § 42.104(c)), Petitioners’ Motion (Paper No. 14)should be denied.
`3 
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`Patent Owner’s Response to the Petitioners’ Motion to Correct Exhibit
`Case IPR2014-00732
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`Date of Deposit: February 16, 2015
`
` Respectfully submitted,
`
`/Gene A. Tabachnick/
`Gene Tabachnick; Reg. No. 33,801
`James Dilmore; Reg. No. 51,618
`BECK & THOMAS, P.C.
`Pittsburgh, PA 15216-1808
`(412) 343-9700
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`4 
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`Patent Owner’s Response to the Petitioners’ Motion to Correct Exhibit
`Case IPR2014-00732
` 
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`CERTIFICATE OF SERVICE
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`
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on February 16,
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`2015, a copy of the foregoing document was served by email upon the following:
`
`James E. Hopenfeld (hopenfeld@oshaliang.com)
`Tammy J. Terry (terry@oshaliang.com) 
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`
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`and via FedEx:
`
`James E. Hopenfeld
`Tammy J. Terry
`Osha Liang LLP
`909 Fannin Street, Suite 3500
`Houston, Texas 77010
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`/Gene A. Tabachnick /
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`5 
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