Covered Business Method Patent Review
`United States Patent No. 5,191,573
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`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
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`For: Method for Transmitting a Desired Digital Video or Audio Signal
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`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
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`Attorney Docket No.:
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` 104677-5005-802
`Customer No. 28120
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`Petitioner: Apple Inc.
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`DECLARATION OF DAVID M. SCHWARTZ 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
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`Page 00001
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`United States Patent No. 5,191,573
`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
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`
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`§
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`Attorney Docket No.:
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` 104677-5005-802
`Customer No. 28120
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`Petitioner: Apple Inc.
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`
`
`DECLARATION OF DAVID M. SCHWARTZ 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
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` Covered Business Method Patent Review
`United States Patent No. 5,191,573
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`I, David M. Schwartz, declare as follows:
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`1.
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`I founded CompuSonics Corp. in 1982, originally as CompuSound, Inc.
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`The company name was changed to CompuSonics in 1984. I served as the President
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`of CompuSonics Corp. from 1982 until 1989. I co-founded CompuSonics Video
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`Corp. in 1986. I will refer here to CompuSonics Corp. and CompuSonics Video
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`Corp. as “CompuSonics.”
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`2.
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`I provide this Declaration in connection with the above-identified
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`Covered Business Method Patent Review proceeding that is being requested at the
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`United States Patent and Trademark Office by Apple Inc. under 35 U.S.C. § 321, 37
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`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are based
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`on my personal knowledge.
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`3.
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`I am being compensated by Apple Inc. for time spent in connection with
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`factual research/investigation at a rate of $400/hr. This compensation is not in any
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`way contingent on the outcome of this proceeding.
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`4. While at CompuSonics, I and others developed what I refer to here as
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`“the CompuSonics system.” The CompuSonics system, among other technologies,
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`included digital recorder/players, which CompuSonics referred to as DSPs. DSP
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`stood for Digital Signal Processors. Among other functionality, including playback of
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`stored digital data, these digital recorder/players could download digital data from a
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`remote source to a local disk. We called this technology “Telerecording.”
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` Covered Business Method Patent Review
`United States Patent No. 5,191,573
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`Each of Exhibits 1106, 1107, 1108, 1112, 1113, 1114, 1115, 1116, 1117,
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`5.
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`1118, 1119, 1120, 1131, and 1140 is a public disclosure of features of the
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`CompuSonics system, as outlined below. These exhibits individually and collectively
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`describe functionality and application of the CompuSonics system.
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`6.
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`Exhibit 1106 hereto, “Joint Telerecording Push: CompuSonics, AT&T
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`Link,” Billboard (Oct. 5, 1985), is a public disclosure of features of the CompuSonics
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`system.
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`7.
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`Exhibit 1107 hereto, David Needle, “From the News Desk:
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`Audio/digital interface for the IBM PC?,” InfoWorld, vol. 6, no. 23, p. 9, June 4, 1984, ,
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`is a public disclosure of features of the CompuSonics system.
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`8.
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`Exhibit 1108 hereto, Larry Israelite, “Home Computing: Scenarios for
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`Success,” Billboard, Dec. 15, 1984, is a public disclosure of features of the
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`CompuSonics system.
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`9.
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`Exhibit 1112 hereto is a true and correct copy of a diagram, entitled that
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`I created illustrating CompuSonics’ telerecording technology, dated 1985 and entitled
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`“CompuSonics Digital Audio Telecommunication System.” This diagram was shown
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`to the public via presentation at businesses, conferences, lectures, and industry events.
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`Page numbers and an exhibit label have been added to this document but no other
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`alterations have been made. Exhibit 1112 is a public disclosure of features of the
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`CompuSonics system.
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`Page 00003
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` Covered Business Method Patent Review
`United States Patent No. 5,191,573
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`10. Exhibit 1113 hereto is a true and correct copy of a letter dated July 16,
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`1984, authored by and sent to the Shareholders of CompuSonics by me, David M.
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`Schwartz. This document bears identification numbers at the bottom right corner of
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`each page. Page numbers and an exhibit label have been added to this document but
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`no other alterations, other than the aforementioned numbers, have been made.
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`Exhibit 1113 is a public disclosure of features of the CompuSonics system.
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`11. Exhibit 1114 hereto, Hyun Heinz Sohn, “A High Speed
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`Telecommunications Interface for Digital Audio Transmission and Reception,”
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`presented at the 76th AES Convention, October 8-11, 1984, is a public disclosure of
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`features of the CompuSonics system. Mr. Sohn was an employee of CompuSonics,
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`and I supervised his preparation of this paper.
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`12. Exhibit 1115 hereto is a true and correct copy of a letter dated October
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`10, 1985, authored by and sent to the Shareholders of CompuSonics by me, David M.
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`Schwartz. This document bears identification numbers at the bottom right corner of
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`each page. Page numbers and an exhibit label have been added to this document but
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`no other alterations, other than the aforementioned numbers, have been made.
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`Exhibit 1115 is a public disclosure of features of the CompuSonics system.
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`13. Exhibit 1116 hereto is a true and correct copy of a document entitled,
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`“CompuSonics Video Application Notes,” copyrighted 1986 by CompuSonics. I
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`recognize this document as CompuSonics marketing materials that were distributed
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` Covered Business Method Patent Review
`United States Patent No. 5,191,573
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`and made publically available by CompuSonics to current and potential customers and
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`current and potential shareholders in 1986 and 1987. This document bears
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`identification numbers at the bottom right corner of each page. Page numbers and an
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`exhibit label have been added to this document but no other alterations, other than
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`the aforementioned numbers, have been made. Exhibit 1116 is a public disclosure of
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`features of the CompuSonics system.
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`14. Exhibit 1117 hereto is a true and correct copy of a diagram, entitled
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`“Digital Audio Software Production/Distribution,” which I created. This diagram
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`was shown to the public via presentation at businesses, conferences, lectures, and
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`industry events. As one example, I presented this diagram during a lecture at Stanford
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`University in 1987 with John Stautner, excerpts of which are referenced in this
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`Declaration as Exhibit 1120. Page numbers and an exhibit label have been added to
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`this document but no other alterations have been made. Exhibit 1117 is a public
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`disclosure of features of the CompuSonics system.
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`15. Exhibit 1120, Parts 1-11, hereto is a true and correct copy of excerpts
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`from a video of a lecture that I gave at Stanford University in 1987 with John
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`Stautner. I prepared the excerpts in this Exhibit, Parts 1-10, from the complete video
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`recording of the aforementioned lecture, which I can make available to the United
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`States Patent & Trademark Office upon request. The excerpt in this Exhibit, Part 11,
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`has been prepared at my request. I can make the complete video recording of the
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`Page 00005
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`aforementioned lecture available to the United States Patent & Trademark Office
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` Covered Business Method Patent Review
`United States Patent No. 5,191,573
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`upon request. Exhibit 1120 is a public disclosure of features of the CompuSonics
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`system.
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`16. Exhibit 1118 hereto, United States Patent No. 4,682,248 (“Schwartz
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`Patent”), is a patent filed on September 17, 1985, issued on July 21, 1987, and entitled,
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`“Audio and Video Digital Recording and Playback System.” I am the named inventor
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`of this patent. Exhibit 1118 is a public disclosure of features of the CompuSonics
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`system.
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`17. Exhibit 1119 hereto, “The Search for the Digital Recorder,” Fortune,
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`Nov. 12, 1984, is a public disclosure of features of the CompuSonics system.
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`18. Exhibit 1131 hereto is a photo of a CompuSonics digital
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`recorder/player.
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`Page 00006
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`Coveted Business Method Patent Review
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`United States Patent No. 5,191,573
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`19.
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`Exhibit 1140 hereto, New Telemordirtg Met/JadfirAudio, Broadcast
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`Management/ Engineering, Oct. 1985, is a public disclosure of features of the
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`CompuSonics system.
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`20.
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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 herdn, I could and would testify
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`competently.
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`21.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 5th day of May, 2013, at Fair Oaks, CA.
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`David M. Schwartz
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`Page 00007
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`Page 00007
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