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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`EBAY INC. AND GSI COMMERCE SOLUTIONS, INC.
`Petitioner
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`v.
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`LANDMARK TECHNOLOGIES LLC
`Patent Owner
`____________________
`
`Case CBM2014-00026
`U.S. Patent No. 5,576,951
`____________________
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`DECLARATION OF JASON D. EISENBERG
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`- 1 -
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`Landmark Exhibit 2018
`eBay and GSI v. Landmark
`CBM2014-00026
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`
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`Case CBM2014-00026 of
`U.S. Patent No. 5,576,951
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`I, Jason D. Eisenberg, resident of Potomac, Maryland, hereby declare as
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`1.
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`follows:
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`2. On information and belief, the Exhibits submitted with the Patent Owner's
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`Preliminary Response for the above-referenced Covered Business Methods review
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`as Exhibits 2001 to 2017 are true and correct copies of the original documents, as
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`shown the Table below:
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`Exhibit
`2001
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`2002
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`2003
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`2004
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`2005
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`2006
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`2007
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`2008
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`DESCRIPTION
`Declaration of Steve Smoot under 37 C.F.R. §1.132 submitted as
`part of In re Ex Parte Reexamination of U.S. Patent No. 7,010,508
`to Lockwood (Control No. 90/012,671) on May 15, 2013 (“Smoot
`’508 Declaration”)
`Declaration of Lawrence B. Lockwood under 37 C.F.R. §1.131(b)
`submitted as part of Ex Parte Reexamination of U.S. Patent No.
`5,576,951 to Lockwood (Control No. 90/006,625) on June 22, 2004
`(“Lockwood ’951 Declaration”)
`Nov. 28, 1994, Non-Final Office Action regarding U.S. Patent
`Application No. 08/210,301 (issued as U.S. Patent No. 5,576,951)
`Feb. 10, 1995, Response to the Nov. 28, 1994, Non-Final Office
`Action regarding U.S. Patent Application No. 08/210,301
`Affidavit Evidence submitted in support of the Feb. 10, 1995,
`Response to the Nov. 28, 1994, Non-Final Office Action regarding
`U.S. Patent Application No. 08/210,301
`Sept. 29, 1995, Final Office Action regarding U.S. Patent
`Application No. 08/210,301
`April 1, 1996, Restriction Requirement regarding U.S. Patent
`Application No. 08/210,301
`April 30, 1996, Response to the April 1, 1996 Restriction
`Requirement regarding U.S. Patent Application No. 08/210,301
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`- 2 -
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`Case CBM2014-00026 of
`U.S. Patent No. 5,576,951
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`Exhibit
`2009
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`2010
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`2011
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`2012
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`2013
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`2014
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`2015
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`2016
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`2017
`
`DESCRIPTION
`July 19, 1996, Notice of Allowance regarding U.S. Patent
`Application No. 08/210,301
`“The Technological Origins of Radical Inventions,” Wilfred
`Schoenmakers and Geert Duysters
`“Improving Citation-Based Patent Value Measures,” Dirk
`Czarnitzki, Katrin Hussinger, and Bart Leten
`Declaration of Lawrence B. Lockwood under 37 C.F.R. §1.131
`submitted as part of Ex Parte Reexamination of U.S. Patent No.
`7,010,508 to Lockwood (Control No. 90/012,671) on May 17, 2013
`(“Lockwood ’508 Declaration”)
`April 23, 2013, Notice of Intent to Issue Ex Partes Reexamination
`Certificate for U.S. Patent No. 5,576,951 to Lockwood (Control No.
`90/012,685)
`May 26, 2005, Non-Final Office Action regarding Ex Parte
`Reexamination of U.S. Patent 5,576,951 to Lockwood (Control No.
`90/006,625)
`http://www.merriam-webster.com/dictionary/pioneer, (Last visited
`2/16/2014.)
`September 15, 2012 Request for Ex Parte Reexamination of U.S.
`Patent No. 5,576,951
`Search results from USPTO Patent Full-Text and Image Database
`regarding patents that cite U.S. Patent No. 5,576,951
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`Case CBM2014-00026 of
`U.S. Patent No. 5,576,951
`I hereby declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct, and that all statements made of
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`my own knowledge are true and that all statements made on information and
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`believe are believed to be true. I understand that willful false statements and the
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`like are punishable by fine or imprisonment, or both (18 U.S.C. § 1001).
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`Date: February 18, 2014
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`
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`Respectfully submitted,
`
`/Jason D. Eisenberg/
`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Patent Owner
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`- 4 -
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