`______________
`
`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.
`
`DECLARATION OF CHING-LEE FUKUDA
`
`I, Ching-Lee Fukuda, make the following Declaration pursuant to 28 U.S.C. §
`
`1746:
`
`1.
`
`2.
`
`I am a partner at the law firm Ropes & Gray LLP.
`
`I provide this Declaration in connection with the above-identified
`
`Covered Business Method Patent Review proceeding and Petitioner’s Reply to Patent
`
`Owner SightSound Technologies LLC’s Response. Unless otherwise stated, the facts
`
`stated in this Declaration are based on my personal knowledge.
`
`Apple Exhibit 4465
`Apple v. SightSound Technologies
`CBM2013-00023
`Page 00001
`
`
`
`3.
`
`Exhibit 4367 hereto is a true and correct copy of the redacted version of
`
`SightSound Technologies, LLC’s Expert Report of John Snell, titled “Plaintiff
`
`SightSound Technologies, LLC’s, [sic] Expert Report of John Snell on Validity,”
`
`signed and dated June 5, 2013, which was downloaded at my direction from a
`
`hyperlink provided to me, counsel for Apple Inc., by Arnold & Porter LLP, counsel
`
`for SightSound Technologies, LLC, in SightSound Techs., LLC v. Apple Inc., No. 11-
`
`01292, before the District Court of the Western District of Pennsylvania. The first
`
`page of the document has an exhibit label, “Exhibit 4 – Snell 3.6.14,” at the bottom,
`
`as it was used in the March 6, 2014 Deposition of John 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 of this
`
`document but no other alterations have been made.
`
`4.
`
`Exhibit 4374 hereto is a true and correct copy of SightSound
`
`Technologies, LLC’s Technology Tutorial, titled “Technology Tutorial SightSound
`
`Technologies, LLC v. Apple, Inc. No. 2:11-cv-1192-DWA Special Master Gregory
`
`Bradley October 11, 2012,” which was provided to me, counsel for Apple Inc., by
`
`Arnold & Porter LLP, counsel for SightSound Technologies, LLC, at the October 11,
`
`2012 technology tutorial presentation in SightSound Techs., LLC v. Apple Inc., No. 11-
`
`01292, before the District Court of the Western District of Pennsylvania. The first
`
`page of the document has an exhibit label, “Exhibit 15 – Snell 3.6.14,” to the right, as
`
`it was used in the March 6, 2014 Deposition of John Snell in the above-identified
`
`Page 00002
`
`
`
`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 of this
`
`document but no other alterations have been made.
`
`5.
`
`I make this declaration of my own personal knowledge. If called to
`
`testify as to the truth of the matters stated herein, I could and would testify
`
`competently.
`
`6.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`Executed this 21st day of March, 2014, at New York, New York.
`
`
`
`
`
`
`
`
`
`
`
`Ching-Lee Fukuda
`
`
`
`Page 00003
`
`
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