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`Attorney Docket No.:
`104677—5008—809
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`Customer No. 28120
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`Petitioner: Apple Inc.
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`Inventor: Racz et al.
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`United States Patent No.: 8,061,598
`Formerly Application No.: 13/012,541
`Issue Date: November 22, 2011
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`Filing Date: January 24, 2011
`Former Group Art Unit: 2887
`Former Examiner: Thien M. Le
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`WIWIW3W§WJWIW1
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`For: Data Storage and Access Systems
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`MAIL STOP PATENT BOARD
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`Patent Trial and Appeal Board
`United States Patent and Trademark Office
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`Post Office Box 1450
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`Alexandria, Virginia 22313—1450
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`DECLARATION OF MICHAEL P. DUFFEY IN SUPPORT OF PETITION
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`FOR COVERED BUSINESS METHOD PATENT REVIEW OF
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`UNITED STATES PATENT NO. 8,061,598
`PURSUANT TO 35 U.S.C. § 321, 37 C.F.R. § 42.304
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`I, Michael P. Duffey, make the following Declaration pursuant to 28 U.S.C. §
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`1746:
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`LLP.
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`1.
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`I am a Litigation Paralegal Specialist at the law firm of Ropes & Gray
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`2.
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`I provide this Declaration in connection with the above—identified
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`Covered Business Method Patent Review proceeding that is being requested at the
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`United States Patent and Trademark Office by Apple Inc. under 35 U.S.C. § 321, 37
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`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are based
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`on my personal knowledge.
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`Apple Exhibit 1024 Page 00001
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`Apple Exhibit 1024 Page 00001
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`
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`3.
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`Exhibit 1001 hereto is a true and correct copy of United States Patent
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`No. 8,061,598 to Patrick Racz and Hermen—ard Hulst, which I downloaded on
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`January 31, 2014 from the USPTO PAIR website and which is a record of the
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`USPTO to which all parties have access. An exhibit label on the first page and pages
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`numbers on all pages have been added to the bottom of this document but no other
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`alterations have been made
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`4.
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`Exhibit 1002 hereto is a true and correct copy of Plaintiffs’ First
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`Amended Complaint for Patent Infringement, filed in Smmfl/m/y LLC, ez‘ 4/. 0. Apple
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`Inn,
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`61‘ 41, Civil Action No. 6:13—cv—447, before the District Court of the Eastern
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`District of Texas, which I downloaded on February 24, 2014 from the Public Access
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`to Court Electronic Records
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`(“PACER”) website and is
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`a
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`record of
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`the
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`aforementioned District Court (Dkt. No. 72) to which all parties have access. The
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`Amended Complaint contains markings at the top of each page indicating the PACER
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`filing information. An exhibit label on the first page and pages numbers on all pages
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`have been added to the bottom of this document but no other alterations have been
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`made.
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`5.
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`Exhibit 1003 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
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`downloaded on January 29, 2014 from the USPTO PAIR website and which is a
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`record of the USPTO to which all parties have access. An exhibit label on the first
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`Page 00002
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`Page 00002
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`
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`page and pages numbers on all pages have been added to the bottom of this
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`document but no other alterations have been made.
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`6.
`
`Exhibit 1004 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 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 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
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`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.
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`8.
`
`Exhibit 1006 hereto is a true and correct copy of United States Patent
`
`No. 4,999,806 to Fred Chernow and Randy J. Peterson, which I downloaded on
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`February 3, 2014 from the USPTO PAIR website and which is a record of the
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`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.
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`Page 00003
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`Page 00003
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`
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`9.
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`Exhibit 1007 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
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`USPTO PAIR website and which is a record of the USPTO to which all parties have
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`access. An exhibit label on the first page and pages numbers on all pages have been
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`added to the bottom of this document but no other alterations have been made.
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`10.
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`Exhibit 1008 hereto is a true and correct copy of United States Patent
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`No. 4,878,245 to Graham C. Bradley, Alton O. Stretten, John P. Stretten, and Rex B.
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`Wentzel, which I downloaded on February 3, 2014 from the USPTO PAIR website
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`and which is a record of the USPTO to which all parties have access. An exhibit label
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`on the first page and pages numbers on all pages have been added to the bottom of
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`this document but no other alterations have been made.
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`11.
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`Exhibit 1009 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.
`
`12.
`
`Exhibit 1010 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
`
`Page 00004
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`Page 00004
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`
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`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`13.
`
`Exhibit 1011 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
`
`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 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
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`USPTO PAIR website and which is a record of the USPTO to which all parties have
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`access. An exhibit label on the first page and pages numbers on all pages have been
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`added to the bottom of this document but no other alterations have been made.
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`15.
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`Exhibit 1013 hereto is a true and correct copy of United States Patent
`
`No. 5,530,235 to Mark J. Stefik, Daniel G. Bobrow, Stuart K. Card, Michalene M.
`
`Casey, Richard J. Goldstein, Michael G. Lamming, Jock D. Mackinlay, Roy Want,
`
`George G. Robertson, Mark D. Weiser, and Daniel M. Russell, which I downloaded
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`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.
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`Page 00005
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`Page 00005
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`16.
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`Exhibit 1014 hereto is a true and correct copy of United States Patent
`
`No. 5,629,980 to Mark J. 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.
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`17.
`
`Exhibit 1015 hereto is a true and correct copy of United States Patent
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`No. 5,915,019 to Karl L. Ginter, Victor H. Shear, Francis J. Spahn, and David M. Van
`
`Wie, 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
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`document but no other alterations have been made.
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`18.
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`Exhibit 1016 hereto is a true and correct copy of European Patent
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`Application EP 0 809 221 A2, filed on May 6, 1997 by Sun Microsystems, Inc., and
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`published on November 26, 1997, which I downloaded on February 24, 2014 from
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`the European Patent Office’s Espacenet search page to which all parties have access.
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`An exhibit label on the first page and pages numbers on all pages have been added to
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`the bottom of this document but no other alterations have been made.
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`19.
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`Exhibit 1017 hereto is a true and correct copy of the World Patent
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`Application W0 99/ 43136, filed on January 11, 1999 by Ericsson, Inc., and published
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`Page 00006
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`Page 00006
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`
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`on August 26, 1999, which I downloaded on February 24, 2014 from the European
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`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.
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`20.
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`Exhibit 1018 hereto is a true and correct copy of the Japanese Patent
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`Application Publication No. H11—164058 filed on November 26, 1997 by Hitachi
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`Electron Service Co., Ltd., and published on June 18, 1999, which I downloaded on
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`March 11, 2014 from the European Patent Office’s Espacenet search page to which
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`all parties have access, and which is accompanied by a true and correct copy of a
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`translation of the text of that document and a declaration of accuracy regarding that
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`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
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`other alterations have been made.
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`21.
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`Exhibit 1019 hereto is a true and correct copy of the Japanese Patent
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`Application Publication No. H10—269289 filed on March 26, 1997 by Sony
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`Corporation, and published on October 9, 1998, which I downloaded on March 11,
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`2014 from the European Patent Office’s Espacenet search page to which all parties
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`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
`
`Page 00007
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`Page 00007
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`
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`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
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`22.
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`Exhibit 1022 hereto is a true and correct copy of United States Patent
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`No. 5,754,654 to Masaaki Hiroya and Hiroshi Asao, which I downloaded on March
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`12, 2014 from the USPTO PAIR website and which is a record of the USPTO to
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`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.
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`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.
`
`24.
`
`Exhibit 1026 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.
`
`Page 00008
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`Page 00008
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`
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`25.
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`Exhibit 1027 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
`
`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.
`
`26.
`
`Exhibit 1028 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.
`
`27.
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`Exhibit 1029 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.
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`Page 00009
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`Page 00009
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`28.
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`I make this declaration of my own personal knowledge.
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`If called to
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`testify as to the truth of the matters stated herein, 1 could and would testify
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`competently.
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`29.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 31st day of March, 2014, at East Palo Alto, California.
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`\
`
`\M
`
`Mich
`
`uffey
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`Page 00010
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`Page 00010
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