IPR2017‐01742
`Patent 9,131,864
`
`
`
`
`
`
`
`
`
`
`
`
`
`Filed: November 2, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`ANALYTICS FOR LIFE, INC.,
`
`Petitioner,
`
`v.
`
`8825319 CANADA LIMITED,
`
`Patent Owner.
`
`____________
`
`Case: IPR‐01742
`
`Patent No. 9,131,864
`
`____________
`
`
`
`
`
`DECLARATION OF MICHAEL KORENBERG IN SUPPORT OF
`PRELIMINARY RESPONSE OF PATENT OWNER
`
`
`
`I, Michael Korenberg, make the following declaration pursuant to 28 U.S.C. §
`
`1746:
`
`1. I am President of 8825319 CANADA LIMITED, the Patent Owner.
`1
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
`
`
`Patent 9,131,864
`
`
`
`
`
`
`
`
`
`
`
`
`
`Filed: November 2, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`ANALYTICS FOR LIFE, INC.,
`
`Petitioner,
`
`v.
`
`8825319 CANADA LIMITED,
`
`Patent Owner.
`
`____________
`
`Case: IPR‐01742
`
`Patent No. 9,131,864
`
`____________
`
`
`
`
`
`DECLARATION OF MICHAEL KORENBERG IN SUPPORT OF
`PRELIMINARY RESPONSE OF PATENT OWNER
`
`
`
`I, Michael Korenberg, make the following declaration pursuant to 28 U.S.C. §
`
`1746:
`
`1. I am President of 8825319 CANADA LIMITED, the Patent Owner.
`1
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
`
`
`
`IPR2017‐01742
`Patent 9,131,864
`2. I provide this Declaration in connection with the above‐identified Inter
`
`Partes Review proceeding requested at the United States Patent and
`
`Trademark Office by ANALYTICS FOR LIFE, INC., against 8825319 CANADA
`
`LIMITED, under 35 U.S.C. § 311, 37 C.F.R. § 42.104. Unless otherwise
`
`stated, the facts stated in this Declaration are based on my personal
`
`knowledge.
`
`3. Exhibit 2001 hereto is a true and correct copy of what I downloaded on
`
`November 4, 2012 from
`
`http://www.whoismind.com/whois/analytics4life.net.html
`
`and records that on July 9, 2012 Dino Trevisani registered the Domain
`
`Name: ANALYTICS4LIFE.NET (yellow highlighting added).
`
`4. Exhibit 2002 hereto is a true and correct copy of screen views that I
`
`downloaded from the Petitioner’s webpage
`
`http://Analytics4Life.com/directors/
`
`on April 20, 2015, and under its Directors, Analytics For Life lists: “Dino
`
`Trevisani, MBA, President and General Manager IBM Canada”.
`
`
`
`2
`
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
`
`IPR2017‐01742
`Patent 9,131,864
`5. Exhibit 2003 hereto is a true and correct copy of screen views that I
`
`downloaded from the Petitioner’s webpage
`
`http://analytics4life.com/team/
`
`on November 22, 2015, and under the heading “OUR TEAM” began: “The
`
`company was founded in 2012, when the 2 founders – Sunny Gupta and
`
`Dino Trevisani – assembled the rest of the team to translate years of
`
`research and development into commercially viable products and services.”
`
`6. Exhibit 2004 hereto is a true and correct copy that I downloaded August 7,
`
`2017 from
`
`http://www.bcsc.bc.ca/ViewDocument.aspx?DocNum=O7E5O6YAI7C0E7C7
`
`I6H4H7TEO7D3
`
`is dated September 30, 2015 by Analytics For Life Inc, and is entitled “Form
`
`45‐106F6 – AMENDED1 British Columbia Report of Exempt Distribution”.
`
`7. Exhibit 2005 hereto is a true and correct copy that I downloaded August 6,
`
`2017 from http://www.newestfilings.com/p/dino‐trevisani
`
`entitled “Dino Trevisani | Newest Form D's & SEC filings”, and refers to
`
`filings for Analytics for Life made on May 15, 2017; April 3, 2017; June 27,
`
`2016; and June 3, 2015.
`
`
`
`3
`
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
`
`IPR2017‐01742
`Patent 9,131,864
`8. Exhibit 2006 hereto is a true and correct copy that I downloaded August 6,
`
`2017 from http://www.newestfilings.com/284276‐analytics‐for‐life‐inc
`
`entitled “Analytics for Life, Inc. $30,000,000 Financing | Newest SEC
`
`Filings”. It refers to the May 15, 2017 Amended Form D filing by Analytics
`
`for Life, and notes that “The form was signed by Dino Trevisani.” (Yellow
`
`highlight added.)
`
`9. Exhibit 2007 hereto is a true and correct copy that I downloaded August 4,
`
`2017 from http://insightaas.com/ibm‐launches‐innovation‐space/
`
`entitled “IBM launches Innovation Space”, and is dated October 3, 2016.
`
`10. Exhibit 2008 hereto is a true and correct copy that I downloaded August 4,
`
`2017 from
`
`https://www.analytics4life.com/news/ibm‐launches‐toronto‐startup‐hub‐
`
`enrolls‐first‐participant/
`
`entitled “IBM launches Toronto startup hub, enrolls first participant –
`
`Analytics 4 Life”, and is dated September 23, 2016.
`
`11. Exhibit 2009 hereto is a true and correct copy that I downloaded August 7,
`
`2017 from
`
`https://www.ibm.com/news/ca/en/2016/09/21/b408173w47376h64.html
`
`
`
`4
`
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
`
`IPR2017‐01742
`Patent 9,131,864
`entitled “IBM Opens Innovation Space for Entrepreneurs and Startups in
`
`Canada to Scale Up Development with Cloud and Cognitive Technology –
`
`Canada” and is dated September 21, 2016. (All yellow highlighting added on
`
`X2009).
`
`12. Exhibit 2010 hereto is a true and correct copy that I downloaded August
`
`19, 2017 from https://pitchbook.com/profiles/analytics‐4‐life‐profile‐
`
`investors‐funding‐valuation‐and‐analysis
`
`entitled “Analytics 4 Life Company Profile: Valuation & Investors |
`
`PitchBook” (yellow highlighting added).
`
`13. Exhibit 2011 hereto is a true and correct copy of an email received by
`
`Michael Korenberg from Larry Aaronson, listed as Back‐Up Counsel on the
`
`Petition, on Friday June 30, 2017 at 5:23 PM, with subject “RE: Offer to
`
`Purchase US Patent No. 9,131,864”, and attaching a Draft Patent Purchase
`
`Agreement.
`
`14. Exhibit 2012 hereto is a true and correct copy of an email on March 2, 2011
`
`from Michael Korenberg to Sunny Gupta.
`
`15. Exhibit 2013 hereto is a true and correct copy of an email on March 3, 2011
`
`from Sunny Gupta to Michael Korenberg.
`
`
`
`5
`
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
`
`IPR2017‐01742
`Patent 9,131,864
`16. Exhibit 2014 hereto is the relevant portion of an email dated May 25, 2011
`
`from Sunny Gupta to Michael Korenberg. Information below Sunny Gupta’s
`
`name has been removed for privacy reasons.
`
`17. Exhibit 2015 hereto is a true and correct copy of a Request for Change
`
`under Rule 92bis that I downloaded on October 24, 2017 from
`
`https://patentscope.wipo.int/search/docservicepdf_pct/id0000002111742
`
`2/R92BI/WO2012106729.pdf
`
`On Pages 3‐4, SCHEDULE B has a WORLDWIDE ASSIGNMENT dated October
`
`3, 2012, of patent applications from Phase Space Systems Inc. to Analytics
`
`for Life Inc. by Elspeth Murray, Director.
`
`18. Exhibit 2016 hereto is a true and correct copy of an email from Michael
`
`Korenberg to Sunny Gupta on June 29, 2011.
`
`19. Exhibit 2017 hereto is a true and correct copy of an email from Sunny
`
`Gupta to his then patent agents and copied to Michael Korenberg on
`
`August 8, 2011.
`
`20. Exhibit 2018 hereto is a true and correct copy of an email from Michael
`
`Korenberg to Elspeth Murray on August 21, 2011.
`
`
`
`6
`
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
`
`IPR2017‐01742
`Patent 9,131,864
`21. Exhibit 2019 hereto is a true and correct copy that I downloaded on
`
`October 22, 2017, from
`
`https://www.analytics4life.com/news/straight‐from‐the‐heart/
`
`entitled “Straight from the heart”, and is dated May 1, 2017 (yellow
`
`highlight added).
`
`22. Exhibit 2020 hereto is a true and correct copy of an email from Dino
`
` Trevisani to Michael Korenberg on May 20, 2012.
`
`23. Exhibit 2021 hereto is a true and correct copy of an email from Michael
`
`Korenberg on June 7, 2012 to Mark Lewis.
`
`24. Exhibit 2022 hereto is a true and correct copy of US 8,923,958 B2
`
`(Gupta/Yazdi) patent, dated Dec. 30, 2014.
`
`25. Exhibit 2023 hereto is a true and correct copy that I downloaded August 8,
`
`2017 from MIT OpenCourseWare:
`
`https://ocw.mit.edu/courses/mathematics/18‐01sc‐single‐variable‐
`
`calculus‐fall‐2010/1.‐differentiation/part‐a‐definition‐and‐basic‐
`
`rules/session‐5‐discontinuity/MIT18_01SCF10_Ses5e.pdf
`
`entitled “Differentiable Implies Continuous”.
`
`
`
`7
`
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
`
`IPR2017‐01742
`Patent 9,131,864
`26. Exhibit 2024 hereto is a true and correct copy that I downloaded
`
`September 14, 2017 of extracts from pages 1040 and 1336 of Merriam‐
`
`Webster's Collegiate Encyclopedia:
`
`https://books.google.ca/books?id=V2d12iZkgOwC&pg=PA1336&lpg=PA133
`
`6&dq=Merriam+Webster+differentiable&source=bl&ots=Mi8KuWUNOT&si
`
`g=DrmsxMguLlqhsSSLt1ld4HvbpQE&hl=en&sa=X&ved=0ahUKEwiSkuKV6InX
`
`AhVIxoMKHQAoAjoQ6AEITjAJ#v=onepage&q=Merriam%20Webster%20diff
`
`erentiable&f=false (yellow highlighting added)
`
`27. Exhibit labels and numbers on all pages have been added to the
`
`bottom of these exhibits and yellow highlighting has been added wherever
`
`it appears but no other alterations have been made except for privacy
`
`reasons where expressly indicated above.
`
`28. I understand that willful false statements and the like are punishable
`
`by fine or imprisonment, or both. I make this declaration of my own
`
`personal knowledge. If called to testify as to the truth of the matters stated
`
`herein, I could and would testify.
`
`29. I declare under penalty of perjury that the foregoing is true and
`
`correct.
`
`
`
`8
`
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
`
`IPR2017‐01742
`Patent 9,131,864
`Executed this 1st day of November, 2017, at Kingston, Ontario, Canada.
`
` /Michael Korenberg/____
` Michael Korenberg
`
`
`
`
`
`9
`
` Analytics For Life, Inc. v. 8825319 Canada Limited
`IPR‐01742
`X2025
`
`
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
