`______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`LIBERTY MUTUAL INSURANCE CO.
`Petitioner
`v.
`PROGRESSIVE CASUALTY INSURANCE CO.
`Patent Owner
`______________
`Case CBM2012-00002
`Patent 6,064,970
`______________
`Before the Honorable JAMESON LEE, JONI Y. CHANG, and MICHAEL R.
`ZECHER, Administrative Patent Judges.
`
`SECOND RULE 42.64(b)(2) DECLARATION OF MARY LOU O’NEIL ON
`BEHALF OF PETITIONER LIBERTY MUTUAL INSURANCE CO.
`REGARDING U.S. PATENT NO. 6,064,970
`
`I, Mary Lou O’Neil, hereby declare under penalty of perjury under the laws of
`
`the United States of America:
`
`I have previously been asked by Liberty Mutual Insurance (“Liberty”) to testify
`
`as an expert witness in this action.
`
`I.
`
`Prior Testimony
`
`1.
`
`I am the same Mary Lou O’Neil who provided a Declaration in this
`
`matter executed on September 14, 2012 as Exhibit 1009, a Rebuttal Declaration in
`
`this matter executed on August 6, 2013 as Exhibit 1022, and a Rule 42.64(b)(2)
`
`Declaration in this matter executed on August 27, 2013 as Exhibit 1032. (My
`
`Liberty Mutual Exhibit 1034
`Liberty Mutual v. Progressive
`CBM2012-00002
`Page 00001
`
`
`
`Sep 18 13 07:53p
`
`O'Neil Consulting Service
`
`4128842402
`
`p.3
`
`information regarding experience, qualifications, and compensation has been provided
`
`along with my Rebuttal Declaration, Exhibit 1009, and CV, Exhibit 1010.)
`
`II.
`
`Response to Evidentiag}: Objections
`
`2.
`
`In my previous Rule 42.64[b) (2} Declaration, Exhibit 1032, I indicated
`
`that “I was familiar with and have used Interpretive Opinion 4 found in Exhibit 1023
`
`in my work on numerous occasions during the period in which it was in force.” Ex.
`
`1032, 1] 4. Additionally, I was familiar with and have used Interpretive Opinion 3
`
`found in the same exhibit. In my previous Rule 42.64(b)(2) Declaration, when I
`
`stated that the hard copy of Interpretive Opinion 4 in my possession contains the
`
`same substance, I meant that it contains the same words, but ma}r contain slightly
`
`different formatting.
`
`Executed this 18th da}r of September, 2013
`
`
`
`Page 00002
`
`Page 00002
`
`
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