`
`Bl'fllt'C'Hilii THE PA'l‘EN’I‘ ’1'RIAI i AND AP'PliAl ; BOARD
`
`APPLE IN C.
`
`Petitioner
`
`v.
`
`SIGHTSOUND 'l'ECl—INOLOGIES, LLC
`Patent Owner
`
`Case CBMZOl 3-00020
`
`Patent 5,191,573
`
`Before the l-Ionorable h‘IICI-IAIJLL 13’. ’l‘lIFlRNEYJUS’l‘lN '1‘. ARBI-iS, and
`GEORGIANNA W. BRAD] EN,
`Administrative Parezztjzrdget.
`
`DECLARATION OF FLORA D. ELIAS-MIQUE
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`I, l't'lora D. [Elias-Mit‘iue, make the following Declaration pursuant to 28 U.S.C.
`
`§ 1746:
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`1.
`
`'I am a Technical Document Specialist at the law firm of Ropes 8: Gray
`
`LLP.
`
`2.
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`I provide this Declaration in connection with the above-identified
`
`Covered Business Method Patent Review proceeding and Petitioner’s Reply to Patent
`
`Owner SightSound 'l‘echnologies LLC’s Response. Unless otherwise stated, the facts
`
`stated in this Declaration are based on my personal l<1'1('>wle('lgt:.
`
`Apple Exhibit 4264
`
`Apple V. SightSound Technologies
`CBM2013-00020
`
`Page 00001
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`Apple Exhibit 4264
`Apple v. SightSound Technologies
`CBM2013-00020
`Page 00001
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`
`
`3.
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`l‘ixhibit 4174 hereto is a true and correct copy of “How did Crammer
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`Marirjozrmal Come to .liixist?” byjohn Snell, published by The MIT Press in the
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`Spring 2006 issue of Computer Music Journal (Vol. 30, No. l), which l retrieved from
`
`jS’l'ORorg on February 25, 2014. The document, as printed, bears the label, “This
`
`content downloaded from 198.65.204.101 on Tue, 25 Feb 2014 11:13:49 Ah ,” and
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`the label, “All use subject to jS'I'OR Terms and Conditions,” at the bottom of each
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`page. The first page of the document also has an exhibit label, “Exhibit 16 — Snell
`
`3.6.14,” at the bottom, as it was used in the March 6, 2014 Deposition of_]ohn Snell in
`
`the above-identified Covered Business Method Patent Review proceeding. An exhibit.
`
`label on the first page and pages numbers on all pages have been added to the bottom
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`of this document but no other alterations have been made.
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`4.
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`l‘lxhibit 4177 hereto is a true and correct copy of “Editor’s Notes” by
`
`Richard Mansfield, published in the March l987 issue of Compute! (Vol. 9, No. 3,
`
`Issue 82), which was retrieved by lnfoNOW’, a commercial and document delivery
`
`service of the University of Minnesota, at my request. An exhibit label on the first
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`page and pages numbers on all pages have been added to the bottom of this
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`document but no other alterations have been made.
`
`5.
`
`Exhibit 4178 hereto is a true and correct copy of an article by Rodney
`
`MitchelljR., entitled “Conjuring up data over (Ii-TYNE,” published on February 2, 1987
`
`in Network World, published by Network World, Inc, which I retrieved from
`
`LexisNexisr‘m on March 20, 2014. An exhibit label on the first page and pages numbers
`
`Page 00002
`
`Page 00002
`
`
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`on all pages have been added to the bottom of this document but no other alterations
`
`have been made.
`
`6.
`
`liXhibit 4179 hereto is a true and correct copy of an article by Florence
`
`li'abricant, entitled “1 low Telephone Orders Deliver the Goods,” published on March
`
`4, 1987 in The New York Times, which was retrieved from the New York Public
`
`Library at my request. An exhibit label on the first page and pages numbers on all
`
`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`7.
`
`lxhibit 4180 hereto is a true and correct copy of an article by Sheila
`
`'l‘oomey, entitled “Like to shop at home? This is for you[;] All you need is a TV,
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`phone and credit card or checks that don’t bounce,” published on September 13, 1987
`
`in Anchorage Daily News, which was retrieved from the United States Library of
`
`Congress at my request. An exhibit label on the first page and pages numbers on all
`
`pages have been added to the bottom of this dOCument but no other alterations have
`
`been made.
`
`8.
`
`lzixhibit 4181 hereto is a true and correct copy of an article by Betsy
`
`liammerding, entitled “Shopping by TV a big turn-on for many buyers,” published on
`
`january 25, 1987 in Akron Beaconjournal, which was retrieved from the United
`
`States Library of. Congress at my request. An exhibit label on the first page. and pages
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`Page 00003
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`Page 00003
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`
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`9.
`
`Exhibit 4208 hereto is a true and correct copy of an article by Larry
`
`Sarisky, entitled “\Xe’ill Removable Hard Disks Replace the l"loppy?,” published in the
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`March 1983 issue of Byte Magazine (Vol. 8, Number 3), by BY”l.‘E Publications lnc.,
`
`which was retrieved by lnfoNOW', a commercial and document delivery service of the
`
`University of Minnesota, at my request. An exhibit label on the first page and pages
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`10.
`
`iixhibit 4203 hereto is a true and correct copy of an article by Ruth
`
`Schubert, entitled ”fab-Savvy getting music for a songl',| lndustry frustrated that
`
`Internet makes free music simple,” published in Seattle Post-Intelligencer on February
`
`10, 1999, which was retrieved from the United States library of Congress at. my
`
`request. An exhibit label on the first page and pages numbers on all pages have been
`
`added to the bottom of this doeumenr but no other alterations have been made.
`
`11.
`
`liixhibit 4206 hereto is a true and correct copy of an article by Stan
`
`Liebowitz, entitled “File Sharing: Creative Destruction orjust Plain Destruction?,”
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`published in April 2006 in Vol. 49, No. 1 of thejournal of Law and liconomics,
`
`which I retrieved fromJS'l'ORorg on March 19, 2014. The document, as printed,
`
`bears the label, “This content downloaded from 198.653.204.101 on Wed, 19 Mar 2014
`
`11:47:21 AM,” and the label, “All use subject to JSTOR Terms and Conditions,” at
`
`the bottom of each page. An exhibit label 011 the first page and pages numbers on all
`
`Page 00004
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`Page 00004
`
`
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`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`12.
`
`Exhibit 4175 hereto is a true and correct copy of an article by Robin
`
`Raskin, entitled “'l‘elecomputing[;| Shopping in Electronic Stores[;] Sick of Crowds?
`
`Tied Up at Work? Want to Compare Prices? Go Online and Browse,” published in
`
`November 1985 in Vol. 3., No. 11 of Family Computing, published by Scholastic Inc,
`
`which was retrieved from the United States Library of Congress at my request. An
`
`exhibit label on the first page and pages numbers on all pages have been added to the
`
`bottom of this document but no other alterations have been made.
`
`13.
`
`Exhibit 4-176 hereto is a true and correct copy of an article by james
`
`(Iapparell, entitled “Three times as much Antic Software now on CompuServe,”
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`published in the April 1988 issue (Vol. 6, No. 12) of ANTIC The i‘l'llARlQ' Resource,
`
`which 1 retrieved on March 21, 2014 from the internet address
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`https://archive.org/details/1988-04—anticmagazine, to which all parties have access.
`
`An exhibit label on the. first page and pang numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`14.
`
`ixhibit 4252 hereto is a true and correct copy of an article by May
`
`Wong, entitled “Apple's IPod in Short Supply for Holidays,” published on December
`
`18, 2004 in Financial News, which I retrieved from LexisNexis® on March 21, 2014.
`
`An exhibit label on the first page and pages numbers on all pang have been added to
`
`the bottom of this document but no other alterations have been made.
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`Page 00005
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`Page 00005
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`15.
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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, 1 could and would testify
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`competently.
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`'16.
`
`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 21St day of March, 2014, at New York, New York.
`
`
`
`lilora D. lilias—Mique
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`Page 00006
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`Page 00006
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