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` 104677-5005-803
`Customer No. 28120
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`Petitioner: Apple Inc.
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`§
`Inventor: Hair
`United States Patent No.: 5,966,440 §
`Formerly Application No.: 08/471,964 §
`Issue Date: October 12, 1999
`§
`Filing Date: June 6, 1995
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`Former Group Art Unit: 380
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`Former Examiner: Hoa T. Nguyen
`§
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`For: System and Method for Transmitting Desired Digital Video or Digital Audio
`Signals
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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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`DECLARATION OF MEGAN F. RAYMOND IN SUPPORT OF
`PETITION FOR COVERED BUSINESS METHOD PATENT REVIEW OF
`UNITED STATES PATENT NO. 5,966,440
`PURSUANT TO 35 U.S.C. § 321, 37 C.F.R. § 42.304
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`
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`I, Megan F. Raymond, make the following Declaration pursuant to 28 U.S.C. §
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`1746:
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`1.
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`2.
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`I am an attorney at the law firm of Ropes & Gray LLP.
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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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`Page 00001
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`3.
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`Exhibit 1216 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
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`States Library of Congress, 101 Independence Avenue SE, Washington, DC 20540
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`and which I inspected. The book bears a Library of Congress stamp dated June 2,
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`1986, and was in a condition that creates no suspicion about its authenticity; was in a
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`place where it would likely be found if authentic; and is at least twenty years old. Page
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`numbers have been added to the bottom of this document and an exhibit label has
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`been added to the top of this document but no other alterations have been made.
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`4.
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`Exhibit 1217 hereto is a true and correct copy of an article entitled
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`“Audio/digital interface for the IBM PC?” from the From the News Desk section of
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`the June 4, 1984 issue of InfoWorld published by the InfoWorld Media Group, which
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`was downloaded from LexisNexis at my request. Page numbers have been added to
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`the bottom of this document and an exhibit label has been added to the top of this
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`document but no other alterations have been made.
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`5.
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`Exhibit 1218 hereto is a true and correct copy of an excerpt of Plaintiff
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`SightSound Technologies, LLC’s Expert Report of Dr. J. Douglas Tygar Regarding
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`Infringement received with redactions on April 24, 2013 from Marc Schiess of Arnold
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`& Porter LLP, Plaintiff’s SightSound Technologies, LLC’s counsel in SightSound Techs.,
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`LLC v. Apple Inc., No. 11-01292, before the District Court of the Western District of
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`Pennsylvania, signed by Justin Douglas Tygar, Ph.D. and dated April 22, 2012 [sic]. I
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`Page 00002
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`additionally redacted this document to protect confidential information. Page
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`numbers have been added to the bottom of this document and an exhibit label has
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`been added to the top of this document but no other alterations, other than the
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`redactions, have been made.
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`6.
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`Exhibit 1222 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
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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.
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`Apple Inc., No. 11-01292, before the District Court of the Western District of
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`Pennsylvania, signed by Mark M. Gleason, CPA/ABV/CFF, CVA, CLP and dated
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`April 22, 2013. I additionally redacted this document to protect confidential
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`information. Page numbers have been added to the bottom of this document and an
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`exhibit label has been added to the top of this document but no other alterations,
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`other than the redactions, have been made.
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`7.
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`Exhibit 1223 hereto is a true and correct copy of the Declaration of Dr.
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`John P.J. Kelly in SightSound Techs., LLC v. Apple Inc., No. 11-01292, before the
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`District Court of the Western District of Pennsylvania, signed by John P.J. Kelly and
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`dated September 7, 2012, which was downloaded from the Public Access to Court
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`Electronic Records (“PACER”) website at my direction and is a record of the
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`aforementioned District Court (Dkt. No. 93) to which all parties have access. The
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`Declaration contains markings at the top of each page indicating the PACER filing
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`Page 00003
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`information. Page numbers have been added to the bottom of this document and an
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`exhibit label has been added to the top of this document but no other alterations have
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`been made.
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`8.
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`Exhibit 1238 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,
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`2013 from Marc Schiess of Arnold & Porter LLC, Plaintiff’s SightSound
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`Technologies, LLC’s counsel in SightSound Techs., LLC v. Apple Inc., No. 11-01292,
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`before the District Court of the Western District of Pennsylvania, signed by John
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`Snell and dated April 22, 2012 [sic]. This document was redacted at my direction to
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`protect confidential information. Page numbers have been added to the bottom of
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`this document and an exhibit label has been added to the top of this document but no
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`other alterations, other than the redactions, have been made.
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`9.
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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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`10.
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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 in Washington, DC.
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` Megan F. Raymond
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`Page 00004