Attorney Docket No.:
`
` 104677-5005-801
`Customer No. 28120
`
`Petitioner: Apple Inc.
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`§
`Inventor: Hair
`United States Patent No.: 5,191,573 §
`Formerly Application No.: 586,391 §
`Issue Date: March 2, 1993
`§
`Filing Date: September 18, 1990
`§
`Former Group Art Unit: 369
`§
`Former Examiner: Hoa Nguyen
`§
`
`For: Method for Transmitting a Desired Digital Video or Audio Signal
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`DECLARATION OF MEGAN F. RAYMOND IN SUPPORT OF
`PETITION FOR COVERED BUSINESS METHOD PATENT REVIEW OF
`UNITED STATES PATENT NO. 5,191,573
`PURSUANT TO 35 U.S.C. § 321, 37 C.F.R. § 42.304
`
`
`
`I, Megan F. Raymond, make the following Declaration pursuant to 28 U.S.C. §
`
`1746:
`
`1.
`
`2.
`
`I am an attorney at the law firm of Ropes & Gray LLP.
`
`I provide this Declaration in connection with the above-identified
`
`Covered Business Method Patent Review proceeding that is being requested at the
`
`United States Patent and Trademark Office by Apple Inc. under 35 U.S.C. § 321, 37
`
`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are based
`
`on my personal knowledge.
`
`Page 00001
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`
`
` 104677-5005-801
`Customer No. 28120
`
`Petitioner: Apple Inc.
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`§
`Inventor: Hair
`United States Patent No.: 5,191,573 §
`Formerly Application No.: 586,391 §
`Issue Date: March 2, 1993
`§
`Filing Date: September 18, 1990
`§
`Former Group Art Unit: 369
`§
`Former Examiner: Hoa Nguyen
`§
`
`For: Method for Transmitting a Desired Digital Video or Audio Signal
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`DECLARATION OF MEGAN F. RAYMOND IN SUPPORT OF
`PETITION FOR COVERED BUSINESS METHOD PATENT REVIEW OF
`UNITED STATES PATENT NO. 5,191,573
`PURSUANT TO 35 U.S.C. § 321, 37 C.F.R. § 42.304
`
`
`
`I, Megan F. Raymond, make the following Declaration pursuant to 28 U.S.C. §
`
`1746:
`
`1.
`
`2.
`
`I am an attorney at the law firm of Ropes & Gray LLP.
`
`I provide this Declaration in connection with the above-identified
`
`Covered Business Method Patent Review proceeding that is being requested at the
`
`United States Patent and Trademark Office by Apple Inc. under 35 U.S.C. § 321, 37
`
`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are based
`
`on my personal knowledge.
`
`Page 00001
`
`
`
`3.
`
`Exhibit 1007 hereto is a true and correct copy of an article entitled
`
`“Audio/digital interface for the IBM PC?” from the From the News Desk section of
`
`the June 4, 1984 issue of InfoWorld published by the InfoWorld Media Group, which
`
`was downloaded from LexisNexis at my request. Page numbers have been added to
`
`the bottom of this document and an exhibit label has been added to the top of this
`
`document but no other alterations have been made.
`
`4.
`
`Exhibit 1019 hereto is a true and correct copy of an article entitled “The
`
`Battle Over Online Music” authored by Jennifer Sullivan and published on January
`
`29, 1999 by WIRED, which was retrieved from
`
`http://www.wired.com/techbiz/media/news/1999/01/17609 at my request. Page
`
`numbers have been added to the bottom of this document and an exhibit label has
`
`been added to the top of this document but no other alterations have been made.
`
`5.
`
`Exhibit 1020 hereto is a true and correct copy of the Declaration of Dr.
`
`John P.J. Kelly in SightSound Techs., LLC v. Apple Inc., No. 11-01292, before the
`
`District Court of the Western District of Pennsylvania, signed by John P.J. Kelly and
`
`dated September 7, 2012, which was downloaded from the Public Access to Court
`
`Electronic Records (“PACER”) website at my direction and is a record of the
`
`aforementioned District Court (Dkt. No. 93) to which all parties have access. The
`
`Declaration contains markings at the top of each page indicating the PACER filing
`
`information. Page numbers have been added to the bottom of this document and an
`
`Page 00002
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`
`
`exhibit label has been added to the top of this document but no other alterations have
`
`been made.
`
`6.
`
`Exhibit 1021 hereto is a true and correct copy of the Declaration of J.D.
`
`Tygar, Ph.D. in SightSound Techs., LLC v. Apple Inc., No. 11-01292, before the District
`
`Court of the Western District of Pennsylvania, signed by Justin Douglas Tygar, Ph.D.
`
`and dated September 7, 2012, which was downloaded from the PACER website at my
`
`direction and is a record of the aforementioned District Court (Dkt. No. 90-1) to
`
`which all parties have access. The Declaration contains markings at the top of each
`
`page indicating the PACER filing information. Page numbers have been added to the
`
`bottom of this document and an exhibit label has been added to the top of this
`
`document but no other alterations have been made.
`
`7.
`
`Exhibit 1022 hereto is a true and correct copy of the Responsive
`
`Declaration of J.D. Tygar, Ph.D. in SightSound Techs., LLC v. Apple Inc., No. 11-01292,
`
`before the District Court of the Western District of Pennsylvania, signed by Justin
`
`Douglas Tygar, Ph.D. and dated September 28, 2012, which was downloaded from
`
`the PACER website at my direction and is a record of the aforementioned District
`
`Court (Dkt. No. 104-3) to which all parties have access. The Declaration contains
`
`markings at the top of each page indicating the PACER filing information. Page
`
`numbers have been added to the bottom of this document and an exhibit label has
`
`been added to the top of this document but no other alterations have been made.
`
`Page 00003
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`
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`8.
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`Exhibit 1023 hereto is a true and correct copy of an excerpt from a book
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`bearing the title “Start Me Up!: the music biz meets the personal computer,”
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`published by Mediac Press, which was retrieved at my instruction from the United
`
`States Library of Congress, 101 Independence Avenue SE, Washington, DC 20540
`
`and which I inspected. The book bears a Library of Congress stamp dated June 2,
`
`1986, and was in a condition that creates no suspicion about its authenticity; was in a
`
`place where it would likely be found if authentic; and is at least twenty years old. Page
`
`numbers have been added to the bottom of this document and an exhibit label has
`
`been added to the top of this document but no other alterations have been made.
`
`9.
`
`Exhibit 1024 hereto is a true and correct copy of an excerpt of Plaintiff
`
`SightSound Technologies, LLC’s Expert Report of Dr. J. Douglas Tygar Regarding
`
`Infringement received with redactions on April 24, 2013 from Marc Schiess of Arnold
`
`& Porter LLP, Plaintiff’s SightSound Technologies, LLC’s counsel in SightSound Techs.,
`
`LLC v. Apple Inc., No. 11-01292, before the District Court of the Western District of
`
`Pennsylvania, signed by Justin Douglas Tygar, Ph.D. and dated April 22, 2012 [sic]. I
`
`additionally redacted this document to protect confidential information. Page
`
`numbers have been added to the bottom of this document and an exhibit label has
`
`been added to the top of this document but no other alterations, other than the
`
`redactions, have been made.
`
`10. Exhibit 1025 hereto is a true and correct copy of an excerpt of the
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`Expert Report of Mark M. Gleason, CPA/ABV/CFF, CVA, CLP received with
`
`Page 00004
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`
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`redactions on April 28, 2013 from Plaintiff’s SightSound Technologies, LLC’s
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`counsel, Preetam Shingavi from Arnold & Porter LLP, in SightSound Techs., LLC v.
`
`Apple Inc., No. 11-01292, before the District Court of the Western District of
`
`Pennsylvania, signed by Mark M. Gleason, CPA/ABV/CFF, CVA, CLP and dated
`
`April 22, 2013. I additionally redacted this document to protect confidential
`
`information. Page numbers have been added to the bottom of this document and an
`
`exhibit label has been added to the top of this document but no other alterations,
`
`other than the redactions, have been made.
`
`11. Exhibit 1045 hereto is a true and correct copy of an excerpt of Plaintiff
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`SightSound Technologies, LLC’s Expert Report of John Snell received on April 22,
`
`2013 from Marc Schiess of Arnold & Porter LLC, Plaintiff’s SightSound
`
`Technologies, LLC’s counsel in SightSound Techs., LLC v. Apple Inc., No. 11-01292,
`
`before the District Court of the Western District of Pennsylvania, signed by John
`
`Snell and dated April 22, 2012 [sic]. This document was redacted at my direction to
`
`protect confidential information. Page numbers have been added to the bottom of
`
`this document and an exhibit label has been added to the top of this document but no
`
`other alterations, other than the redactions, have been made.
`
`12.
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`I make this declaration of my own personal knowledge. If called to
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`testify as to the truth of the matters stated herein, I could and would testify
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`competently.
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`13.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Page 00005
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`
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`Executed this 5th day of May, 2013 in Washington, DC.
`
`
`
`
` Megan F. Raymond
`
`
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`Page 00006
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