IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Attorney Docket No.:
`104677—5008—803
`
`Customer No. 28120
`
`Petitioner: Apple Inc.
`
`Inventor: Hulst et al.
`
`United States Patent No.: 7,334,720
`Formerly Application No.: 11/336,758
`Issue Date: February 26, 2008
`Filing Date: January 19, 2006
`Former Group Art Unit: 2876
`Former Examiner: Steven S. Paik
`
`flflfflfilfflffif
`
`For: Data Storage and Access Systems
`
`MAIL STOP PATENT BOARD
`
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`Post Office Box 1450
`
`Alexandria, Virginia 22313-1450
`
`DECLARATION OF MICHAEL P. DUFFEY IN SUPPORT OF PETITION
`
`FOR COVERED BUSINESS METHOD PATENT REVIEW OF
`
`UNITED STATES PATENT NO. 7,334,720
`PURSUANT TO 35 U.S.C. § 321, 37 C.F.R. § 42.304
`
`I, Michael P. Duffey, make the following Declaration pursuant to 28 U.S.C. §
`
`1746:
`
`LLP.
`
`1.
`
`I am a Litigation Paralegal Specialist at the law firm of Ropes & Gray
`
`2.
`
`I provide this Declaration in connection with the above—identified
`
`Covered Business Method Patent Review proceeding that is being requested at the
`
`United States Patent and Trademark Office by Apple Inc. under 35 U.S.C. § 321, 37
`
`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are based
`
`on my personal knowledge.
`
`Apple Exhibit 1010 Page 00001
`
`Apple Exhibit 1010 Page 00001
`
`
`
`Attorney Docket No.:
`104677—5008—803
`
`Customer No. 28120
`
`Petitioner: Apple Inc.
`
`Inventor: Hulst et al.
`
`United States Patent No.: 7,334,720
`Formerly Application No.: 11/336,758
`Issue Date: February 26, 2008
`Filing Date: January 19, 2006
`Former Group Art Unit: 2876
`Former Examiner: Steven S. Paik
`
`flflfflfilfflffif
`
`For: Data Storage and Access Systems
`
`MAIL STOP PATENT BOARD
`
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`Post Office Box 1450
`
`Alexandria, Virginia 22313-1450
`
`DECLARATION OF MICHAEL P. DUFFEY IN SUPPORT OF PETITION
`
`FOR COVERED BUSINESS METHOD PATENT REVIEW OF
`
`UNITED STATES PATENT NO. 7,334,720
`PURSUANT TO 35 U.S.C. § 321, 37 C.F.R. § 42.304
`
`I, Michael P. Duffey, make the following Declaration pursuant to 28 U.S.C. §
`
`1746:
`
`LLP.
`
`1.
`
`I am a Litigation Paralegal Specialist at the law firm of Ropes & Gray
`
`2.
`
`I provide this Declaration in connection with the above—identified
`
`Covered Business Method Patent Review proceeding that is being requested at the
`
`United States Patent and Trademark Office by Apple Inc. under 35 U.S.C. § 321, 37
`
`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are based
`
`on my personal knowledge.
`
`Apple Exhibit 1010 Page 00001
`
`Apple Exhibit 1010 Page 00001
`
`
`
`3.
`
`Exhibit 1001 hereto is a true and correct copy of United States Patent
`
`No. 7,334,720 to Hermen—ard Hulst and Patrick Sander Racz, which I downloaded on
`
`January 31, 2014 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. 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 1002 hereto is a true and correct copy of Plaintiffs’ First
`
`Amended Complaint for Patent Infringement, filed in Smarg‘/a.r/9 LLC, et a/.
`
`1/. __/115])/e
`
`Ina,
`
`e2‘ 41., Civil Action No. 6:13—cV—447, before the District Court of the Eastern
`
`District of Texas, which I downloaded on February 24, 2014 from the Public Access
`
`to Court Electronic Records
`
`(“PACER”) website and is
`
`a
`
`record of
`
`the
`
`aforementioned District Court (Dkt. No. 72) to which all parties have access. The
`
`Amended Complaint contains markings at the top of each page indicating the PACER
`
`filing information. 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.
`
`Exhibit 1003 hereto is a true and correct copy of the file history for
`
`United States Patent No. 8,118,221 to Patrick Racz and Hermen—ard Hulst, which I
`
`downloaded on January 29, 2014 from the USPTO PAIR website and which is a
`
`record of the USPTO to which all parties have access. An exhibit label on the first
`
`Page 00002
`
`Page 00002
`
`
`
`page and pages numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`6.
`
`Exhibit 1004 hereto is a true and correct copy of the file history for
`
`United States Patent No. 8,336,772 to Patrick Racz and Hermen—ard Hulst, which I
`
`downloaded on January 29, 2014 from the USPTO PAIR website and which is a
`
`record of the USPTO to which all parties have access. 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.
`
`7.
`
`Exhibit 1005 hereto is a true and correct copy of United States Patent
`
`No. 5,675,734 to Arthur R. Hair, which I downloaded on February 3, 2014 from the
`
`USPTO PAIR website and which is a record of the USPTO to which all parties have
`
`access. 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.
`
`8.
`
`Exhibit 1006 hereto is a true and correct copy of United States Patent
`
`No. 4,999,806 to Fred Chernow and Randy Peterson, which I downloaded on
`
`February 3, 2014 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. 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.
`
`Page 00003
`
`Page 00003
`
`
`
`9.
`
`Exhibit 1007 hereto is a true and correct copy of United States Patent
`
`No. 4,878,245 to Graham C. Bradley, Alton O. Stretten, John P. Stretten, and Rex B.
`
`Wentzel, which I downloaded on February 3, 2014 from the USPTO PAIR website
`
`and which is a record of the USPTO to which all parties have access. 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.
`
`10.
`
`Exhibit 1008 hereto is a true and correct copy of United States Patent
`
`No. 5,754,654 to Masaaki Hiroya and Hiroshi Asao, which I downloaded on March
`
`12, 2014 from the USPTO PAIR website and which is a record of the USPTO to
`
`which all parties have access. 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.
`
`11.
`
`Exhibit 1009 hereto is a true and correct copy of the file history for
`
`United States Patent No. 7,334,720 to Hermen—ard Hulst and Patrick Sander Racz,
`
`which I downloaded on January 29, 2014 from the USPTO PAIR website and which
`
`is a record of the USPTO to which all parties have access. 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.
`
`12.
`
`Exhibit 1012 hereto is a true and correct copy of United States Patent
`
`No. 5,103,392 to Ryoichi Mori, which I downloaded on March 10, 2014 from the
`
`Page 00004
`
`Page 00004
`
`
`
`USPTO PAIR website and which is a record of the USPTO to which all parties have
`
`access. 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.
`
`13.
`
`Exhibit 1013 hereto is a true and correct copy of United States Patent
`
`No. 5,530,235 to Mark Stefk, Daniel G. Bobrow, Stuart K. Card, Michalene M.
`
`Casey, Richard Goldstein, Michael G. Lamrning, Jock D. Mackinlay, Roy Want,
`
`George G. Robertson, Mark D. Weiser, and Daniel M. Russell, which I downloaded
`
`on February 24, 2014 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. 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.
`
`14.
`
`Exhibit 1014 hereto is a true and correct copy of United States Patent
`
`No. 5,629,980 to Mark Stefik and Michalene M. Casey, which I downloaded on
`
`February 24, 2014 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. 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.
`
`15.
`
`Exhibit 1015 hereto is a true and correct copy of United States Patent
`
`No. 5,915,019 to Karl L. Ginter, Victor H. Shear, Francis Spahn, and David M. Van
`
`Wie, which I downloaded on February 24, 2014 from the USPTO PAIR website and
`
`Page 00005
`
`Page 00005
`
`
`
`which is a record of the USPTO to which all parties have access. 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.
`
`16.
`
`Exhibit 1016 hereto is a true and correct copy of European Patent
`
`Application EP 0 809 221 A2, filed on May 6, 1997 by Sun Microsystems, Inc., and
`
`published on November 26, 1997, which I downloaded on February 24, 2014 from
`
`the European Patent Office’s Espacenet search page to which all parties have access.
`
`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.
`
`17.
`
`Exhibit 1017 hereto is a true and correct copy of the World Patent
`
`Application W0 99/ 43136, filed on January 11, 1999 by Ericsson, Inc., and published
`
`on August 26, 1999, which I downloaded on February 24, 2014 from the European
`
`Patent Office’s Espacenet search page to which all parties have access. 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.
`
`18.
`
`Exhibit 1018 hereto is a true and correct copy of the Japanese Patent
`
`Application Publication No. H11—164058 filed on November 26, 1997 by Hitachi
`
`Electron Service Co., Ltd., and published on June 18, 1999, which I downloaded on
`
`March 11, 2014 from the European Patent Office’s Espacenet search page to which
`
`all parties have access, and which is accompanied by a true and correct copy of a
`
`Page 00006
`
`Page 00006
`
`
`
`translation of the text of that document and a declaration of accuracy regarding that
`
`translation provided by MultiLing Corporation. 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.
`
`19.
`
`Exhibit 1019 hereto is a true and correct copy of the Japanese Patent
`
`Application Publication No. H10-269289 filed on March 26, 1997 by Sony
`
`Corporation, and published on October 9, 1998, which I downloaded on March 11,
`
`2014 from the European Patent Office’s Espacenet search page to which all parties
`
`have access, and which is accompanied by a true and correct copy of a translation of
`
`the text of that document and a declaration of accuracy regarding that translation
`
`provided by MultiLing Corporation. 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.
`
`20.
`
`Exhibit 1022 hereto is a true and correct copy of United States Patent
`
`No. 7,942,317 to Patrick Racz and Hermen—ard Hulst, which I downloaded on
`
`January 31, 2014 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. 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.
`
`Page 00007
`
`Page 00007
`
`
`
`21.
`
`Exhibit 1023 hereto is a true and correct copy of United States Patent
`
`No. 8,033,458 to Hermen-ard Hulst and Patrick Racz, which I downloaded on
`
`January 31, 2014 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. 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.
`
`22.
`
`Exhibit 1024 hereto is a true and correct copy of United States Patent
`
`No. 8,061,598 to Patrick Racz and Hermen-ard Hulst, which I downloaded on
`
`January 31, 2014 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. 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.
`
`23.
`
`Exhibit 1025 hereto is a true and correct copy of United States Patent
`
`No. 8,118,221 to Patrick Racz and Hermen—ard Hulst, which I downloaded on
`
`January 31, 2014 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. 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.
`
`24.
`
`Exhibit 1026 hereto is a true and correct copy of United States Patent
`
`No. 8,336,772 to Patrick Racz and Hermen—ard Hulst, which I downloaded on
`
`Page 00008
`
`Page 00008
`
`
`
`January 31, 2014 from the United States Patent and Trademark Office (“USPTO”)
`
`Patent Application Information Retreival (“PAIR”) website and which is a record of
`
`the USPTO to which all parties have access. 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.
`
`25.
`
`Exhibit 1027 hereto is a true and correct copy of the file history for
`
`United States Patent No. 7,942,317 to Patrick Racz and Hermen—ard Hulst, which I
`
`downloaded on January 29, 2014 from the USPTO PAIR website and which is a
`
`record of the USPTO to which all parties have access. 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.
`
`26.
`
`Exhibit 1028 hereto is a true and correct copy of the file history for
`
`United States Patent No. 8,033,458 to Hermen—ard Hulst and Patrick Racz, which I
`
`downloaded on January 29, 2014 from the USPTO PAIR website and which is a
`
`record of the USPTO to which all parties have access. 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.
`
`27.
`
`Exhibit 1029 hereto is a true and correct copy of the file history for
`
`United States Patent No. 8,061,598 to Patrick Racz and Hermen—ard Hulst, which I
`
`downloaded on January 29, 2014 from the USPTO PAIR website and which is a
`
`Page 00009
`
`Page 00009
`
`
`
`record of the USPTO to which all parties have access. 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.
`
`28.
`
`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.
`
`29.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 28th day of March, 2014, at East Palo Alto, California.
`
`
`
` Michael P. uffey .
`
`Page 00010
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`Page 00010
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`
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