`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`
`Patent Owner.
`
`Case CBM20 14-00 1 06 1
`Patent 8,033,458 B2
`
`DECLARATION OF EMILY E. TOOHEY IN SUPPORT OF PATENT
`OWNER'S RESPONSE
`
`1 Case CBM20 14-00107 has been consolidated with the instant proceeding.
`1
`
`Smartflash - Exhibit 2035
`Apple v. Smartflash
`CBM2014-00106
`
`
`
`I, Emily E. Toohey, make the following Declaration pursuant to 28 U.S.C. §
`
`1746:
`
`1.
`
`I am a Litigation Paralegal at the law firm of Davidson Berquist
`
`Jackson & Gowdey, LLP.
`
`2.
`
`I provide this Declaration in connection with the above-identified
`
`Covered Business Method Patent Review. Unless otherwise stated, the facts stated
`
`in this declaration are based on my personal knowledge.
`
`3.
`
`Exhibit 2014 is a true and correct copy of a press release from Apple
`
`Inc. dated February 6, 2013 entitled iTunes Store Sets New Record with 25 Billion
`
`Songs Sold. I downloaded a copy of the press release from Apple's website. An
`
`exhibit label on the first page has been added to the bottom of the press release but
`
`no other alterations have been made.
`
`4.
`
`Exhibit 2015 is a true and correct copy of a press release from Apple
`
`Inc. dated January 7, 2014 entitled App Store Sales Top $10 Billion in 2013. I
`
`downloaded a copy of the press release from Apple's website. An exhibit label on
`
`the first page has been added to the bottom of the press release but no other
`
`alterations have been made.
`
`5.
`
`Exhibit 2016 is a true and correct copy of a press release from Apple
`
`Inc. dated January 7, 2013 entitled App Store Tops 40 Billion Downloads with
`
`Almost Half in 2012. I downloaded a copy of the press release from Apple's
`
`2
`
`Smartflash - Exhibit 2035
`Apple v. Smartflash
`CBM2014-00106
`
`
`
`website. An exhibit label on the first page has been added to the bottom of the
`
`press release but no other alterations have been made.
`
`6.
`
`Exhibit 2017 is a true and conect copy of a press release from Apple
`
`Inc. dated May 16, 2013 entitled Apple's App Store Marks Historic 50 Billionth
`
`Download. I downloaded a copy of the press release from Apple's website. An
`
`exhibit label on the first page has been added to the bottom of the press release but
`
`no other alterations have been made.
`
`7.
`
`Exhibit 2018 is a true and conect copy of a press release from Apple
`
`Inc. dated September 22, 2014 entitled First Weekend iPhone Sales Top 10
`
`Million, Set New Record. I downloaded a copy of the press release from Apple's
`
`website. An exhibit label on the first page has been added to the bottom of the
`
`press release but no other alterations have been made.
`
`8.
`
`Exhibit 2026 is a true and accurate copy of a document entitled "In-
`
`App Purchase Programming Guide", dated October 22, 2013, that I downloaded
`
`from Apple's website at https://developer.apple.com/library/ios/documentation/
`
`Networkingintemet/Conceptual/StoreKitGuide/StoreKitGuide.pdf. An exhibit
`
`label on the first page has been added to the bottom of the document but no other
`
`alterations have been made.
`
`9.
`
`Exhibit 2027 is a true and accurate copy of a document entitled
`
`3
`
`Smartflash - Exhibit 2035
`Apple v. Smartflash
`CBM2014-00106
`
`
`
`"Receipt Validation Programming Guide", dated November 18, 2014, that I
`
`downloaded from Apple's website at https://developer.apple.com/library/ios
`
`/releasenotes/GeneralN alidateAppStoreReceipt/ValidateAppStoreReceipt.pdf. An
`
`exhibit label on the first page has been added to the bottom of the document but no
`
`other alterations have been made.
`
`10.
`
`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.
`
`11.
`
`I declare under penalty of petjury that the foregoing is true and
`
`correct.
`
`Executed this 27th day of February, 2015, at Arlington, Virginia.
`
`)Emily E. Too4,~y
`
`4
`
`Smartflash - Exhibit 2035
`Apple v. Smartflash
`CBM2014-00106
`
`
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