`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.
`
`Petitioner
`
`V.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`
`Case CBM2013—00023
`
`U.S. Patent No. 5,966,440
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN,
`Adminiytmtz'ee Patentfudgex
`
`DECLARATION OF TOM WEYER
`
`41527766d1
`
`Apple Exhibit 4416
`
`Apple V. SightSound Technologies
`CBM2013-00023
`
`Page 00001
`
`Apple Exhibit 4416
`Apple v. SightSound Technologies
`CBM2013-00023
`Page 00001
`
`
`
`I, Tom Weyer, declare:
`
`1.
`
`I was employed by Apple Inc. (“Apple”) from 1996 through 2002 as a
`
`Technology Manager/Evangelist in Developer Relations and from 2002—2009 as a
`
`Senior Consulting Engineer in US. Education. I left Apple in 2009. I am over the
`
`age of 18, I have personal knowledge of the facts set forth herein, and I am
`
`competent to testify regarding these facts.
`
`2.
`
`During my employment at Apple, my responsibilities included evaluating
`
`technology that may relate to networking communications and security issues for the
`
`Mac operating system. I was not involved with the development of iTunes or the
`
`iTunes Music Store, now known as the iTunes Store.
`
`3.
`
`In early 1999, I remember attending a lunch meeting with some
`
`company, during the time I was in Santa Monica, California to attend the Secure
`
`Digital Music Initiative (“SDMI”) conference. The SDMI conference was a public
`
`conference that related to security issues relevant to music distribution over networks.
`
`4.
`
`I do not recall the name of that company although I understand now
`
`that that company was a SightSound entity. I remember meeting with more than one
`
`person from that company, but cannot recall their names or how many people were
`
`present.
`
`5.
`
`At the meeting, we generally discussed music distribution. I recall that
`
`the company had some documents, but I do not recall any specific content from
`
`41527766_1
`
`Page 00002
`
`Page 00002
`
`
`
`those documents. I also do not recall discussing any specific patents. I did not take
`
`any of the company’s documents with me when we left the meeting.
`
`6.
`
`I do not remember if I took any notes during that meeting. But if I did,
`
`I no longer have those notes.
`
`7.
`
`I was asked by Mark Gavini, another Evangelist in Developer Relations
`
`at Apple, to attend the early 1999 meeting with him to assess any technology that may
`
`have been worth considering for Apple. If we had been impressed with the
`
`technology offered by the company, Apple would have followed up with additional
`
`meetings.
`
`8.
`
`My basic impression of the early 1999 meeting was that the company
`
`was peddling intellectual property that they wanted to apply to Apple’s operating
`
`systems, but not any prototype or specific implementation of any technology. I do
`
`recall that the company did not show us any screen shots or demonstrate any
`
`functional product. Overall, I was underwhelmed by their presentation, and I do not
`
`recall any positive impression from Mark. I do not recall having any further
`
`interactions with that company or discussing any details about it with others at Apple.
`
`The only discussion I had at Apple subsequent to the SDMI conference was related to
`
`the conference itself regarding music security.
`
`9.
`
`I was not involved with the development of iTunes or the iTunes Music
`
`Store. As far as I know, nothing from the early 1999 meeting was communicated to
`
`anyone who was involved with the development of iTunes or the iTunes Music Store.
`
`-3-
`
`41527766 1
`
`"
`
`Page 00003
`
`Page 00003
`
`
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`Dated: March fl, 2014
`
`41527766 1
`‘
`
`Page 00004
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`Page 00004
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`
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