`______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`LIBERTY MUTUAL INSURANCE CO.
`Petitioner
`v.
`PROGRESSIVE CASUALTY INSURANCE CO.
`Patent Owner
`______________
`Case CBM2013-00009
`Patent 8,140,358
`______________
`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. 8,140,358
`
`I, Mary Lou O’Neil, hereby declare under penalty of perjury under the laws of
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`the United States of America:
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`I have previously been asked by Liberty Mutual Insurance (“Liberty”) to testify
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`as an expert witness in this action.
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`I.
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`Prior Testimony
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`1.
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`I am the same Mary Lou O’Neil who provided a Rebuttal Declaration in
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`this matter executed on August 16, 2013 as Exhibit 1031, and a Rule 42.64(b)(2)
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`Declaration in this matter executed on September 6, 2013 as Exhibit 1041. (My
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`information regarding experience, qualifications, and compensation has been provided
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`along with my Rebuttal Declaration, Exhibit 1031, and CV, Exhibit 1032.)
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`Liberty Mutual Exhibit 1044
`Liberty Mutual v. Progressive
`CBM2013-00009
`Page 00001
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`Sep 30 13 08:33p
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`O'Neil Consulting Service
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`4128842402
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`p.2
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`II.
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`Response to Evidentiary Objections
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`2.
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`In my previous Rule 42.64('b) (2} Declaration, Exhibit 1041, I indicated
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`that “I was familiar with and have used Interpretive Opinion 4 found in Exhibit 1033
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`on numerous occasions in my work during the period in which it was in force.” Ex.
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`1041, TI 4. Addiu'onally, I was familiar with and have used Interpretive Opinion 3
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`found in the same exhibit. In my previous Rule 42.6403) (2) Declaration, when I
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`stated that the hard copy of Interpretive Opinion 4 in my possession contains the
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`same substance: I meant that it contains the same words, but may contain slightly
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`different formatting.
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`Executed this 30th day of September, 2013
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`Page 00002
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`Page 00002
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