UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`v.
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00023
`Patent 5,966,440
`______________
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`PATENT OWNER’S UPDATED EXHIBIT LIST FEBRUARY 18, 2014
`
`EXHIBITS
`Final Order and Judgment on Consent, SightSound.com, Inc.
`Exhibit
`v. N2K, Inc., No. 98-0118 (W.D. Pa. Feb. 20, 2004) [Filed]
`2301
`Exhibit
`Excerpts from the daily edition of the Congressional Record,
`2302
`Volume 157 (2011) [Filed]
`Exhibit
`Excerpt from H.R. Rep. No. 112-98, pt. 1 (2011) [Filed]
`2303
`Exhibit
`2304
`
`Excerpt from America Invents Act: Hearings on H.R. 1249
`Before the Subcomm. On Intellectual Property, Competition
`and the Internet of the H. Comm. on the Judiciary, 112th
`Cong. (2011) [Filed]
`Patent Quality Improvement Act of 2013, S. 866, 113th
`Cong. (2013) [Filed]
`Transcript of 11.08.2013 Conference Call [Filed]
`
`Exhibit
`2305
`Exhibit
`2306
`
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`v.
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00023
`Patent 5,966,440
`______________
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`PATENT OWNER’S UPDATED EXHIBIT LIST FEBRUARY 18, 2014
`
`EXHIBITS
`Final Order and Judgment on Consent, SightSound.com, Inc.
`Exhibit
`v. N2K, Inc., No. 98-0118 (W.D. Pa. Feb. 20, 2004) [Filed]
`2301
`Exhibit
`Excerpts from the daily edition of the Congressional Record,
`2302
`Volume 157 (2011) [Filed]
`Exhibit
`Excerpt from H.R. Rep. No. 112-98, pt. 1 (2011) [Filed]
`2303
`Exhibit
`2304
`
`Excerpt from America Invents Act: Hearings on H.R. 1249
`Before the Subcomm. On Intellectual Property, Competition
`and the Internet of the H. Comm. on the Judiciary, 112th
`Cong. (2011) [Filed]
`Patent Quality Improvement Act of 2013, S. 866, 113th
`Cong. (2013) [Filed]
`Transcript of 11.08.2013 Conference Call [Filed]
`
`Exhibit
`2305
`Exhibit
`2306
`
`
`
`Declaration of Gregory Joswiak dated July 30, 2012 [Filed]
`
`Declaration of Scott C. Sander dated December 27, 2013 [Filed]
`
`Letter from Arthur R. Hair to John Sculley dated April 5, 1993
`[Filed]
`SightSound Website 1995 [Filed]
`
`SightSound Website 1998-1999 [Filed]
`
`“Internet Firm Pioneers Downloadable Music Sales,” Pittsburgh
`Business Times (Nov. 20-26, 1998) [Filed]
`“Movies Hit the Net,” Time (Sept. 6, 1999, Vol. 154, No. 10)
`[Filed]
`“Entertainment & Sports,” Yahoo! Internet Life (Jan. 2000) [Filed]
`
`EXHIBITS
`Exhibit
`First Set of Requests for Production of Documents dated November
`2307
`15, 2013 [Filed]
`Exhibit
`Protective Order dated March 21, 2012 [Filed]
`2308
`Exhibit
`2309
`Exhibit
`2310
`Exhibit
`2311
`Exhibit
`2312
`Exhibit
`2313
`Exhibit
`2314
`Exhibit
`2315
`Exhibit
`2316
`Exhibit
`2317
`Exhibit
`2318
`Exhibit
`2319
`Exhibit
`2320
`Exhibit
`2321
`Exhibit
`2322
`Exhibit
`2323
`Exhibit
`2324
`
`Letter from Scott C. Sander to Steven Jobs dated Jan. 15, 1999
`[Filed]
`Letter from Albert P. Cefalo to Scott C. Sander dated Feb. 3, 1999
`[Filed]
`SightSound Website 2001 [Filed]
`
`“Coolest Inventions: Invention of the Year: The 99A????
`Solution,” Time (Nov. 17, 2003) [Filed]
`Declaration of John P. Stautner dated Dec. 20, 2013 [Filed]
`
`Compusonics DSP 1000 Audio Computer [Filed]
`
`Declaration of David R. Marsh dated Jan. 3, 2014 [Filed]
`
`Transcript of the deposition of David M. Schwartz in the matter of
`Apple Inc. v. SightSound Technologies, LLC, dated December 9-10,
`2013 [Filed]
`
`-2-
`
`
`
`Exhibit
`2327
`Exhibit
`2328
`Exhibit
`2329
`
`EXHIBITS
`Exhibit
`Transcript of the deposition of David M. Schwartz in the matter of
`SightSound.com Inc. v. N2K, Inc., dated February 1, 2001 [Filed]
`2325
`Exhibit
`Transcript of the deposition of John P. J. Kelly in the matter of
`Apple Inc. v. SightSound Technologies, LLC, dated December 4,
`2326
`2013 [Filed]
`Recording Industry Association of America Year-End Shipment
`Statistics for 2008, 2009, 2010, 2011, and 2012 [Filed]
`Transcript of a 1987 lecture given at Stanford University by David
`M. Schwartz and John Stautner [Filed]
`Article entitled A Management/Preservation Scorecard, written by
`Bill Bolland, and published in the November 6, 1999 edition of
`Billboard Newspaper [Filed]
`Excerpts of Petitioner’s SEC Form 10-K for the fiscal year ending
`September 29, 2012 (obtained from
`http://www.sec.gov/edgar.shtml) [Filed]
`“Apple Introduces iTunes — World’s Best and Easiest To Use
`Jukebox Software,” MACWORLD EXPO, San Francisco,
`California, Apple Press Release dated Jan. 9, 2001(available at
`http://www.apple.com/pr/library/2001/01/09Apple-Introduces-
`iTunes-Worlds-Best-and-Easiest-To-Use-Jukebox-Software.html)
`[Filed]
`Excerpts of Petitioner’s SEC Form 10-K405 for the fiscal year
`ending September 29, 2001 (obtained from
`http://www.sec.gov/edgar.shtml) [Filed]
`“Apple Announces iTunes 3,” MACWORLD EXPO, New York,
`Apple Press Release dated July 17, 2002 (available at
`http://www.apple.com/pr/library/2002/07/17Apple-Announces-
`iTunes-3.html) [Filed]
`“Apple Presents iPod,” Cupertino, Apple Press Release dated
`October 23, 2001 (available at
`http://www.apple.com/pr/library/2001/10/23Apple-Presents-
`iPod.html) [Filed]
`“Apple Introduces 10GB iPod—2,000 Songs in Your Pocket,”
`MACWORLD EXPO, Tokyo, Apple Press Release dated March
`21, 2002
`(available at http://www.apple.com/pr/library/2002/03/20Apple-
`Introduces-10GB-iPod-2-000-Songs-in-Your-Pocket.html) [Filed]
`
`Exhibit
`2330
`
`Exhibit
`2331
`
`Exhibit
`2332
`
`Exhibit
`2333
`
`Exhibit
`2334
`
`Exhibit
`2335
`
`-3-
`
`
`
`EXHIBITS
`Exhibit
`“Apple Unveils New iPods,”
`2336
`MACWORLD EXPO, New York, Apple Press Release dated July
`17, 2002 (available at
`http://www.apple.com/pr/library/2002/07/17Apple-Unveils-New-
`iPods.html) [Filed]
`“Apple Launches the iTunes Music Store,” Cupertino, Apple Press
`Release dated April 28, 2003 (available at
`http://www.apple.com/pr/library/2003/04/28Apple-Launches-the-
`iTunes-Music-Store.html) [Filed]
`“Apple Launches iTunes for Windows,” San Francisco, Apple
`Press Release dated October 16, 2003 (available at
`http://www.apple.com/pr/library/2003/10/16Apple-Launches-
`iTunes-for-Windows.html) [Filed]
`
`Exhibit
`2337
`
`Exhibit
`2338
`
`Exhibit
`2339
`
`Exhibit
`2340
`
`Exhibit
`2341
`Exhibit
`2342
`Exhibit
`2343
`
`Exhibit
`2344
`
`Exhibit
`2345
`
`Exhibit
`2346
`
`“iTunes Store Tops 10 Billion Songs Sold,”
`Cupertino, Apple Press Release dated February 25, 2010 (available
`at Http://Www.Apple.Com/Pr/Library/2010/02/25itunes-Store-
`Tops-10-Billion-Songs-Sold.Html) [Filed]
`“iTunes Store Sets New Record with 25 Billion Songs Sold,”
`Cupertino, California, Apple
`Press Release dated February 6, 2013
`(available at http://www.apple.com/pr/library/2013/02/06iTunes-
`Store-Sets-New-Record-with-25-Billion-Songs-Sold.html) [Filed]
`Excerpts of Petitioner’s Fourth Quarter of Fiscal Year 2005
`Earnings Call Transcript, dated October 13, 2005 [Filed]
`Excerpts of Petitioner’s Second Quarter of Fiscal Year 2008
`Earnings Call Transcript, dated April 23, 2008 [Filed]
`“Top Music Seller’s Store has no Door,” dated April 04, 2008, Los
`Angeles Times (available at
`http://articles.latimes.com/2008/apr/04/business/fi-itunes4) [Filed]
`Excerpts of Petitioner’s SEC Form 10-K for the fiscal year ending
`September 28, 2013 (obtained from
`http://www.sec.gov/edgar.shtml) [Filed]
`Excerpts of Petitioner’s SEC Form 10-K for the fiscal year ending
`September 24, 2011 (obtained from
`http://www.sec.gov/edgar.shtml) [Filed]
`Excerpts of Petitioner’s First Quarter of Fiscal Year 2008 Earnings
`Call Transcript, dated January 22, 2008 [Filed]
`
`-4-
`
`
`
`Exhibit
`2348
`
`EXHIBITS
`“How iTunes Works,” Julie Layton and Jonathan Strickland
`Exhibit
`2347
`(available at http://electronics.howstuffworks.com/itunes5.htm)
`[Filed]
`“Akamai and Apple to Continue Delivery of Industry Leading
`Internet Streaming Video and Audio,”
`Cambridge, Akamai Technologies, Inc. and Apple Joint Press
`Release dated April 23, 2001 (available at
`http://www.apple.com/pr/library/2001/04/23Akamai-and-Apple-to-
`Continue-Delivery-of-Industry-Leading-Internet-Streaming-Video-
`and-Audio.html) [Filed]
`Corrected Opening Brief and Addendum in the matter of Apple Inc.
`v. ITC & Motorola Mobility, Inc., dated August 27, 2012 [Filed]
`“Music tab,” iTunes Screenshot, iTunes Music Store (obtained
`from http://www.apple.com/itunes/features/) [Filed]
`“Artist page,” iTunes Screenshot, iTunes Music Store (obtained
`from http://www.apple.com/itunes/features/) [Filed]
`U.S. Patent No. 4,636,876, entitled “Audio Digital Recording and
`Playback System.” [Filed]
`Declaration of John Snell dated Jan. 3, 2014 [Filed]
`
`Supplemental Declaration of David R. Marsh dated Jan. 24, 2014
`[Filed]
`Transcript of the deposition of David M. Schwartz in the matter of
`Apple Inc. v. SightSound Technologies, LLC, dated December 9-10,
`2013 [Filed]
`Petitioner’s SEC Form 10-K for the fiscal year ending September
`29, 2012, as that document appeared when it was accessed at
`http://www.sec.gov/edgar.shtml on December 29, 2013 [Filed]
`Petitioner’s SEC Form 10-K405 for the fiscal year ending
`September 29, 2001, as that document appeared when it was
`accessed at http://www.sec.gov/edgar.shtml on December 29, 2013
`[Filed]
`Petitioner’s Fourth Quarter of Fiscal Year 2005 Conference Call
`Transcript, including both the Prepared Remarks and the Question
`and Answer portions, dated October 13, 2005, as that document
`appeared when it was accessed at www.seekingalpha.com on
`December 29, 2013 [Filed]
`
`-5-
`
`Exhibit
`2349
`Exhibit
`2350
`Exhibit
`2351
`Exhibit
`2352
`Exhibit
`2353
`Exhibit
`2354
`Exhibit
`2355
`
`Exhibit
`2356
`
`Exhibit
`2357
`
`Exhibit
`2358
`
`
`
`Exhibit
`2361
`
`Exhibit
`2362
`
`Exhibit
`2360
`
`EXHIBITS
`Exhibit
`Petitioner’s Second Quarter of Fiscal Year 2008 Earnings Call
`2359
`Transcript, dated April 23, 2008, as that document appeared when
`it was accessed at www.seekingalpha.com on December 29, 2013
`[Filed]
`Petitioner’s SEC Form 10-K for the fiscal year ending September
`28, 2013, as that document appeared when it was accessed at
`http://www.sec.gov/edgar.shtml on December 29, 2013 [Filed]
`Petitioner’s SEC Form 10-K for the fiscal year ending September
`24, 2011, as that document appeared when it was accessed at
`http://www.sec.gov/edgar.shtml on December 29, 2013 [Filed]
`Petitioner’s First Quarter of Fiscal Year 2008 Earnings Call
`Transcript, dated January 22, 2008, as that document appeared
`when it was accessed at www.seekingalpha.com on December 29,
`2013 [Filed]
`Supplemental Declaration of Scott Sander dated Jan. 23, 2014
`[Filed]
`Second Supplemental Declaration of David R. Marsh dated Feb.
`18, 2014
`Recording Industry Association of America Year-End Shipment
`Statistics for 2008
`Recording Industry Association of America Year-End Shipment
`Statistics for 2009
`Recording Industry Association of America Year-End Shipment
`Statistics for 2010
`Recording Industry Association of America Year-End Shipment
`Statistics for 2011
`Recording Industry Association of America Year-End Shipment
`Statistics for 2012
`Email from Joshua P. Friedlander to David R. Marsh dated Feb. 15,
`2014
`
`Exhibit
`2363
`Exhibit
`2364
`Exhibit
`2365
`Exhibit
`2366
`Exhibit
`2367
`Exhibit
`2368
`Exhibit
`2369
`Exhibit
`2370
`
`-6-
`
`
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