Case 6:22-cv-00031-ADA Document 43 Filed 07/19/22 Page 1 of 8
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`FLYPSI, INC., (D/B/A FLYP),
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`
`
`CIVIL ACTION NO. 6:22-cv-00031-ADA
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`DECLARATION OF ROBERT W. UNIKEL IN SUPPORT OF DEFENDANT GOOGLE
`LLC’S OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT
`OF CALIFORNIA UNDER 28 U.S.C. § 1404(A)
`
`I, Robert W. Unikel, declare as follows:
`
`1.
`
`I am an attorney with the law firm Paul Hastings LLP and counsel for Defendant
`
`Google LLC (“Google”). I make this declaration in support of Google LLC’s Opposed Motion to
`
`Transfer to the Northern District of California. I have personal knowledge of the facts set forth
`
`herein, or I am informed and believe that they are true. If called upon to do so, I could and would
`
`testify competently to these facts.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a LinkedIn profile for
`
`Flypsi, Inc. (“Flyp”), identifying Flyp as a “Boston-based telecommunications company.”
`
`3.
`
`Attached hereto as Exhibit 2 are true and correct copies of Flyp’s December 2014
`
`Foreign Corporation Certificate of Registration in the Commonwealth of Massachusetts and June
`
`2021 Application for Registration of a Foreign For-Profit Corporation in the State of Texas.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of a People Search Report
`
`from TLOxp for Peter Rinfret, listing his location as Stamford, Connecticut.
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`FLYPSI, INC., (D/B/A FLYP),
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`
`
`CIVIL ACTION NO. 6:22-cv-00031-ADA
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`DECLARATION OF ROBERT W. UNIKEL IN SUPPORT OF DEFENDANT GOOGLE
`LLC’S OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT
`OF CALIFORNIA UNDER 28 U.S.C. § 1404(A)
`
`I, Robert W. Unikel, declare as follows:
`
`1.
`
`I am an attorney with the law firm Paul Hastings LLP and counsel for Defendant
`
`Google LLC (“Google”). I make this declaration in support of Google LLC’s Opposed Motion to
`
`Transfer to the Northern District of California. I have personal knowledge of the facts set forth
`
`herein, or I am informed and believe that they are true. If called upon to do so, I could and would
`
`testify competently to these facts.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a LinkedIn profile for
`
`Flypsi, Inc. (“Flyp”), identifying Flyp as a “Boston-based telecommunications company.”
`
`3.
`
`Attached hereto as Exhibit 2 are true and correct copies of Flyp’s December 2014
`
`Foreign Corporation Certificate of Registration in the Commonwealth of Massachusetts and June
`
`2021 Application for Registration of a Foreign For-Profit Corporation in the State of Texas.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of a People Search Report
`
`from TLOxp for Peter Rinfret, listing his location as Stamford, Connecticut.
`
`
`
`
`
`Case 6:22-cv-00031-ADA Document 43 Filed 07/19/22 Page 2 of 8
`
`
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of a LinkedIn profile for
`
`Bob Cleaves, listing his location as Honolulu County, Hawaii.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of a LinkedIn profile for
`
`Jeff Stark, listing his location as Captain Cook, Hawaii.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of a LinkedIn profile for
`
`Ivan Zhidov, listing his location as Chickasha, Oklahoma.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of a LinkedIn profile for
`
`Sunir Kochar, listing his location as Tucson, Arizona.
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of a LinkedIn profile for
`
`Stuart West, listing his location as Walnut Creek, California.
`
`10.
`
`Google has identified various potential prior art for the Patents-in-Suit, which
`
`includes the following:
`
`Prior Art Reference
`
`U.S. 2010/0226362
`
`Named Inventor(s)
`Jaewoo Kim, Kyoungsig Kim
`
`U.S. Patent Pub. No. 2011/0026468
`
`Daniel R. Conrad, Richard A. Miner, Craig E.
`Walker, Lawrence Alder, Minneola Ingersoll,
`Douglas P. Garland, Joseph S. Faber, Michael A.
`Pearson
`
`WO 2001/097494
`
`Shobhana Anand, Bidyut Parruck
`
`U.S. Patent Pub. No. 2005/0195802
`
`Mark D. Klein, Michael Scott Manzo, Tamara Hills
`Mahmood, Andrew M. Maurer, Michael J. Kolbly,
`Ronald D. Stelter, Douglas L. Brackbill
`
`
`
`Prior Art System
`
`Potential Witnesses
`
`BroadWorks
`
`RingCentral Office
`
`Hinh Pham, Mayank Patel
`
`Vlad Vendrow, Vladimir Shmunis, Vi Chau
`
`GrandCentral/Google Voice
`
`Craig Walker, Vincent Paquet
`
`-2-
`
`
`
`Case 6:22-cv-00031-ADA Document 43 Filed 07/19/22 Page 3 of 8
`
`
`
`11.
`
`Attached hereto as Exhibit 9 is a true and correct copy of U.S. Patent Pub. No.
`
`2010/0226362 (“Kim”) titled “Intelligent Call Mapping and Routing for Low Cost Global Calling
`
`on Mobile Devices Including Smartphones,” as produced by Google bearing Bates numbers
`
`GOOG-FLYP-PA-00000912–925.
`
`12.
`
`Attached hereto as Exhibit 10 are true and correct copies of the Kim claim charts
`
`served by Google in its Preliminary Invalidity Contentions on June 22, 2022.
`
`13.
`
`Attached hereto as Exhibit 11 is a true and correct copy of a LinkedIn profile of
`
`Kyoung Sig Kim, listing his location as Pleasanton, California.
`
`14.
`
`Attached hereto as Exhibit 12 is a true and correct copy of U.S. Patent Pub. No.
`
`2011/0026468 (“Conrad”) titled “Multi-Network Telephone Connections,” as produced by Google
`
`bearing Bates numbers GOOG-FLYP-PA-00000926–941.
`
`15.
`
`Attached hereto as Exhibit 13 are true and correct copies of the Conrad claim charts
`
`served by Google in its Preliminary Invalidity Contentions on June 22, 2022.
`
`16.
`
`Attached hereto as Exhibit 14 is a true and correct copy of a LinkedIn profile of
`
`Daniel Conrad, listing his location as the San Francisco Bay Area.
`
`17.
`
`Attached hereto as Exhibit 15 is a true and correct copy of a LinkedIn profile of
`
`Larry Alder, listing his location as Mountain View, California.
`
`18.
`
`Attached hereto as Exhibit 16 is a true and correct copy of a LinkedIn profile of
`
`Minnie Ingersoll, listing her location as Pasadena, California.
`
`19.
`
`Attached hereto as Exhibit 17 is a true and correct copy of a LinkedIn profile of
`
`Doug Garland, listing his location as Palo Alto, California.
`
`-3-
`
`
`
`Case 6:22-cv-00031-ADA Document 43 Filed 07/19/22 Page 4 of 8
`
`
`
`20.
`
`Attached hereto as Exhibit 18 is a true and correct copy of WO 2001/097494
`
`(“Anand”) titled “Telecommunications Processing Apparatus and Method,” as produced by
`
`Google bearing Bates numbers GOOG-FLYP-PA-00001298–1316.
`
`21.
`
`Attached hereto as Exhibit 19 are true and correct copies of the Anand claim charts
`
`served by Google its Preliminary Invalidity Contentions on June 22, 2022.
`
`22.
`
`Attached hereto as Exhibit 20 is a true and correct copy of a LinkedIn profile of
`
`Bidyut Parruck, listing his location as Sunnyvale, California.
`
`23.
`
`Attached hereto as Exhibit 21 is a true and correct copy of U.S. Patent Pub. No.
`
`2005/0195802 (“Klein”) titled “Dynamically Routing Telephone Calls,” as produced by Google
`
`bearing Bates numbers GOOG-FLYP-PA-00000673–713.
`
`24.
`
`Attached hereto as Exhibit 22 are true and correct copies of the Klein claim charts
`
`served by Google in its Preliminary Invalidity Contentions on June 22, 2022.
`
`25.
`
`Attached hereto as Exhibit 23 is a true and correct copy of a LinkedIn profile of
`
`Doug Brackbill, listing his location as San Francisco, California.
`
`26.
`
`Attached hereto as Exhibit 24 is a true and correct copy of a LinkedIn profile of
`
`Michael Manzo, listing his location as Santa Cruz, California.
`
`27.
`
`Attached hereto as Exhibit 25 is a true and correct copy of a LinkedIn profile of
`
`Durk Stelter, listing his location as the San Francisco Bay Area.
`
`28.
`
`Attached hereto as Exhibit 26 are true and correct copies of the BroadWorks claim
`
`charts served by Google in its Preliminary Invalidity Contentions on June 22, 2022.
`
`29.
`
`Attached hereto as Exhibit 27 is a true and correct copy of a document from Cisco
`
`titled “Customer Experience for Cisco BroadWorks Orderability and BroadSoft Technical Support
`
`Transition.”
`
`-4-
`
`
`
`Case 6:22-cv-00031-ADA Document 43 Filed 07/19/22 Page 5 of 8
`
`
`
`30.
`
`Attached hereto as Exhibit 28 is a true and correct copy of Cisco’s webpage listing
`
`its legal mailing address as San Jose, California.
`
`31.
`
`Attached hereto as Exhibit 29 is a true and correct copy of a LinkedIn profile of
`
`Hinh Pham, listing his location as San Jose, California. According to the LinkedIn profile, Mr.
`
`Pham is a Sr. Software Automation Verification Engineer for Cisco, and was a Sr. Software
`
`Automation Engineer for Broadsoft around the time of the alleged priority date for the Patents-in-
`
`Suit.
`
`32.
`
`Attached hereto as Exhibit 30 is a true and correct copy of a LinkedIn profile of
`
`Mayank Patel, listing his location as Newark, California. According to the LinkedIn profile, Mr.
`
`Patel has been a Systems Engineer at Broadsoft since before the alleged priority date of the Patents-
`
`in-Suit.
`
`33.
`
`Attached hereto as Exhibit 31 are true and correct copies of the RingCentral Office
`
`claim charts served by Google in its Preliminary Invalidity Contentions on June 22, 2022.
`
`34.
`
`Attached hereto as Exhibit 32 is a true and correct copy of a LinkedIn profile of
`
`Vlad Vendrow, listing his location as Belmont, California. According to the LinkedIn profile, Mr.
`
`Vendrow is the CTO at RingCentral, Inc., and has held this position since before the alleged
`
`priority date of the Patents-in-Suit.
`
`35.
`
`Attached hereto as Exhibit 33 is a true and correct copy of a LinkedIn profile of
`
`Vladimir Shmunis, listing his location as the San Francisco Bay Area. According to the LinkedIn
`
`profile, Mr. Shmunis is the Founder and CEO of RingCentral, Inc. and has held this position since
`
`before the alleged priority date of the Patents-in-Suit.
`
`36.
`
`Attached hereto as Exhibit 34 is a true and correct copy of a LinkedIn profile of Vi
`
`Chau, listing his location as the San Francisco Bay Area. According to the LinkedIn profile, Mr.
`
`-5-
`
`
`
`Case 6:22-cv-00031-ADA Document 43 Filed 07/19/22 Page 6 of 8
`
`
`
`Chau was a Sr. Product Manager for RingCentral between November 2008 and February 2012,
`
`and partnered with AT&T to deliver the Office@Hand product line. Google relied on documents
`
`relating to Office@Hand in its Preliminary Invalidity Contentions, and produced said documents
`
`on June 22, 2022 bearing Bates numbers GOOG-FLYP-PA-00004344–4470.
`
`37.
`
`Attached hereto as Exhibit 35 are true and correct copies of the GrandCentral/
`
`Google Voice claim charts served by Google in its Preliminary Invalidity Contentions on June 22,
`
`2022.
`
`38.
`
`Attached hereto as Exhibit 36 is a true and correct copy of a LinkedIn profile of
`
`Vincent Paquet, listing his location as the San Francisco Bay Area. According to the LinkedIn
`
`profile, Mr. Paquet was the COO & Co-Founder of GrandCentral Communications, and then the
`
`Group Product Manager for Google Voice before the alleged priority date of the Patents-in-Suit.
`
`39.
`
`Attached hereto as Exhibit 37 is a true and correct copy of a LinkedIn profile of
`
`Craig Walker, listing his location as San Francisco, California. According to the LinkedIn profile,
`
`Mr. Walker was the Co-Founder and CEO of GrandCentral Communications, and then the
`
`Founder, and Sr. Product Manager for Google Voice before the alleged priority date of the Patents-
`
`in-Suit.
`
`40.
`
`Attached hereto as Exhibit 38 are true and correct copies of the travel distance from
`
`Google’s headquarters to the Waco courthouse and to the San Francisco courthouse in the NDCA,
`
`and of the flights available from San Francisco International Airport and the Norman Y. Mineta
`
`San Jose International Airport to Waco Regional Airport.
`
`41.
`
`Attached hereto as Exhibit 39 is a true and correct copy of RPX Corp.’s Q1 in
`
`Review, dated April 2022, available at: https://www.rpxcorp.com/wp-content/uploads/sites/6/
`
`2022/04/RPX-Q1-in-Review-April-2022.pdf.
`
`-6-
`
`
`
`Case 6:22-cv-00031-ADA Document 43 Filed 07/19/22 Page 7 of 8
`
`
`
`42.
`
`Attached hereto as Exhibit 40 is a true and correct copy of Lex Machina’s Patent
`
`Litigation Report, published May 2022.
`
`43.
`
`Attached hereto as Exhibit 41 is a true and correct copy of a Lex Machina report
`
`showing a total of 913 pending patent cases in the Western District of Texas of which 873 pending
`
`patent cases are before the Honorable Judge Albright, and a total of 253 pending patent cases in
`
`the Northern District of California.
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed this 19th
`
`day of July in Chicago, Illinois.
`
`
`
`
`
`/s/ Robert W. Unikel
`Robert W. Unikel
`
`
`
`-7-
`
`
`
`Case 6:22-cv-00031-ADA Document 43 Filed 07/19/22 Page 8 of 8
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 19th day of July, 2022, a true and correct copy of the foregoing
`
`document was filed electronically with the Clerk of Court using the CM/ECF system. As of this
`
`date, all counsel of record have consented to electronic service and are being served with a copy
`
`of this document throught the Court’s CM/ECF system.
`
`/s/ Robert W. Unikel
`Robert W. Unikel
`
`
`
`-8-
`
`
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
