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`UNIFIED PATENTS INC.,
`Petitioner
`
`v.
`
`ROTHSCHILD BROADCAST DISTRIBUTION SYSTEMS, LLC,
`Patent Owner
`
`____________
`
`IPR2015-01181
`
`U.S. Patent No. 8,856,221
`
`SYSTEM AND METHOD FOR STORING BROADCAST CONTENT IN A
`CLOUD-BASED COMPUTING ENVIRONMENT
`____________
`
`PETITIONER’S VOLUNTARY INTERROGATORY RESPONSES
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`Page 1 of 8
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`Unified Exhibit 1011
`Unified Patents v Rothschild
`IPR2015-01181
`
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`
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`Petitioner, Unified Patents Inc., provides the following voluntary interrogatory
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`responses.
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`DEFINITIONS
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`A. ’221 PATENT means U.S. Patent No. 8,856,221.
`
`B. COMMUNICATIONS means the transmission or receipt of information of
`
`any kind through any means (e.g., email, text message, voicemail, audio,
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`computer readable media, or orally).
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`C. MEMBER means any company that participates in UNIFIED’S solution and
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`MEMBERS means all such companies.
`
`D. IPR means inter partes review
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`E. THE INSTANT IPR means this proceeding.
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`F. PETITION means the petition, including the exhibits thereto, for THE
`
`INSTANT IPR.
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`G. UNIFIED means Unified Patents Inc. and includes any shareholder, officer,
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`director, employee, agent, representative, privies, intermediaries or other
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`individual authorized to act on behalf of Unified Patents Inc.
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`H. USPTO means the United States Patent and Trademark Office.
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`1
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`Page 2 of 8
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`Unified Exhibit 1011
`Unified Patents v Rothschild
`IPR2015-01181
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`
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`RESPONSES TO INTERROGATORIES
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`INTERROGATORY NO. 1:
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`
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`Identify any COMMUNICATIONS between UNIFIED and any entity other than its
`
`counsel relating to the financing, preparation, editing, prior review, or approval of the
`
`PETITION.
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`RESPONSE NO. 1:
`
`UNIFIED states that no such communications exist.
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`UNIFIED states that it was founded by intellectual property professionals over
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`concerns with the increasing risk of non-practicing entities (NPEs) asserting poor
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`quality patents against strategic technologies and industries. The founders thus
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`created a first-of-its-kind company whose sole purpose is to deter NPE litigation by
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`protecting technology sectors, like content delivery, the technology at issue in the ’221
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`patent. Companies in a technology sector subscribe to UNIFIED’s technology
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`specific deterrence, and in turn, UNIFIED performs many NPE-deterrent activities,
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`such as analyzing the technology sector and monitoring patent activity (including
`
`patent ownership and sales, NPE demand letters and litigation, and industry
`
`companies). UNIFIED’s monitoring activities allow UNIFIED to identify patents,
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`perform prior art research, analyze invalidity, and to sometimes file reexams or IPRs
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`against some patents.
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`2
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`Page 3 of 8
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`Unified Exhibit 1011
`Unified Patents v Rothschild
`IPR2015-01181
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`
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`UNIFIED states that it has sole and absolute discretion over its decision to
`
`contest patents through the USPTO’s post-grant proceedings. Based on its own
`
`analysis, UNIFIED determines which patents are worth pursuing in terms of
`
`searching for prior art or taking action, including filing an IPR. UNIFIED’s decisions
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`to file an IPR are made independently without the input, assistance or approval of its
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`MEMBERS. Should UNIFIED decide to challenge a patent in a post-grant
`
`proceeding, UNIFIED controls every aspect of such a challenge, including controlling
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`which patent and claims to challenge, which prior art to apply and the grounds raised
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`in the challenge, and when to bring any challenge.
`
`MEMBERS receive no prior notice of UNIFIED’s patent challenges. After
`
`filing a post-grant proceeding, UNIFIED retains sole and absolute discretion and
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`control over all strategy decisions (including any decision to continue or terminate
`
`UNIFIED’s participation). UNIFIED is also solely responsible for paying for the
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`preparation, filing, and prosecution of any post-grant proceeding, including any
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`expenses associated with the proceeding.
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`In THE INSTANT IPR, UNIFIED exercised its sole discretion and control in
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`deciding to file this PETITION against the ’221 patent, including paying for all fees
`
`and expenses. UNIFIED shall exercise sole and absolute control and discretion of
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`the continued prosecution of this proceeding (including any decision to terminate
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`UNIFIED’s participation) and shall bear all subsequent costs related to this
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`proceeding.
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`
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`3
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`Page 4 of 8
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`Unified Exhibit 1011
`Unified Patents v Rothschild
`IPR2015-01181
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`
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`INTERROGATORY NO. 2: Identify any individuals acting for or on behalf of
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`any entity other than UNIFIED’S counsel that participated or assisted in any way with
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`the financing, preparation, editing, prior review, approval, or filing of the PETITION.
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`RESPONSE NO. 2:
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`
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`UNIFIED states that no such individuals exist. UNIFIED further states that
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`no individuals other than UNIFIED employees and its counsel had any prior
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`knowledge of the filing of THE INSTANT IPR.
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`
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`As stated in response to Interrogatory No. 1, in the instant proceeding,
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`UNIFIED exercised its sole discretion and control in deciding to file this petition
`
`against the ’221 patent, including paying for all fees and expenses. UNIFIED shall
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`exercise sole and absolute control and discretion of the continued prosecution of this
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`proceeding (including any decision to terminate UNIFIED’s participation) and shall
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`bear all subsequent costs related to this proceeding.
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`UNIFIED further states that its MEMBERS do not get to participate in any
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`way in UNIFIED’s deterrent activities. UNIFIED does not receive input from its
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`members, nor give them an opportunity to participate or an opportunity to even
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`know that UNIFIED is contemplating filing an IPR before the IPR is filed. In the
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`instant proceeding, none of UNIFIED’s MEMBERS had any prior knowledge of, or
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`involvement in, the preparation and filing of the INSTANT IPR.
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`4
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`Page 5 of 8
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`Unified Exhibit 1011
`Unified Patents v Rothschild
`IPR2015-01181
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`
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`INTERROGATORY NO. 3:
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`Identify payments by any entity to UNIFIED relating to the financing of the
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`INSTANT IPR.
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`RESPONSE NO. 3:
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`
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`UNIFIED states that no such payments exist.
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`UNIFIED states that its MEMBERS pay only a yearly subscription fee to a
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`specific technology zone, and in return, UNIFIED performs its many NPE-deterrent
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`activities. UNIFIED’s MEMBERS do not pay any fees designated for IPRs, let alone
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`for IPRs against specific patents. It is UNIFIED and UNIFIED alone that
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`determines how to spend its money. UNIFIED independently selects which patents
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`to target based on the perceived deterrent value to a technology zone. Based on its
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`own analysis, UNIFIED determines which patents are worth pursuing in terms of
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`filing an IPR or performing some other activity. UNIFIED’s decisions to file an IPR
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`are made independently without the input, assistance, or approval of its MEMBERS.
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`UNIFIED states that there are no explicit or implicit agreements with its MEMBERS
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`about UNIFIED’s performing any particular deterrent strategy, including the
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`INSTANT IPR.
`
`//
`
`//
`
`//
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`
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`5
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`Page 6 of 8
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`Unified Exhibit 1011
`Unified Patents v Rothschild
`IPR2015-01181
`
`
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`Unified Patents Inc.
`
`
`
`Linda J. Thayer, Reg. No. 45,681
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P.
`Two Seaport Blvd, 6th Floor
`Boston, MA 02210-2001
`617-646-1600
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`6
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`By:
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`Page 7 of 8
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`Unified Exhibit 1011
`Unified Patents v Rothschild
`IPR2015-01181
`
`
`
`VERIFICATION
`
`I, Kevin Jakel, state that I am CEO of Unified Patents Inc., and that I am
`authorized to make this verification for and on its behalf. I certify that I have read the
`foregoing Interrogatory responses, and that the responses are true and accurate to the
`best of my own knowledge, information and belief. Further, I make this verification
`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 and that such willful false statements may jeopardize the results of these
`proceedings.
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`
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`I declare under penalty of perjury that the foregoing is true and correct.
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`7
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`Page 8 of 8
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`Unified Exhibit 1011
`Unified Patents v Rothschild
`IPR2015-01181
`
`
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