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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
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`Petitioner,
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`V .
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`SMARTFLASH LLC,
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`Patent Owner.
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`Case CBM2015-00015
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`Patent 8,118,221 B2
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`DECLARATION OF EMILY E. TOOHEY
`IN SUPPORT OF PATENT OWNER’S RESPONSE
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`Smartflash - Exhibit 2069
`Smartflash — Exhibit 2069
`Apple v. Smartflash
`Apple V. Smartflash
`CBM2015-00015
`CBM2015-00015
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`I, Emily E. Toohey, make the following Declaration pursuant to 28 U.S.C. §
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`1746:
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`1 am a Litigation Paralegal at the law firm of Davidson Berquist Jackson &
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`Gowdey, LLP.
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`I provide this Declaration in connection with Patent Owner’s Response in
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`the above—identified Covered Business Method Patent Review. Unless
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`otherwise stated, the facts set forth in this declaration are based on my
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`personal knowledge.
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`Exhibit 2049 is a true and correct copy of a Report and Recommendation (on
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`Defendants’ Motions for Summary Judgment of Invalidity Pursuant to 35
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`U.S.C. § 101), from Smartflash, LLC et al. V. Apple Inc., et 611., Case No.
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`6: l3-CV-447 (ED. TeX.) and Smartflash LLC, et a]. v. Samsung Electronics
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`Co. Ltd, at (21., Case No. 6:13-CV—448 (ED. Tex), dated Jan. 21, 2015 that I
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`downloaded from PACER on June 1, 2015. An exhibit label on the first
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`page has been added to the bottom of the Report and Recommendation but
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`no other alterations have been made.
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`4.
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`Exhibit 2050 is a true and correct copy of an Order adopting Report and
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`Recommendation (on Defendants’ Motions for Summary Judgment of
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`Invalidity Pursuant to 35 U.S.C.\§ 101), from Smartflas/z LLC, et al. v. Apple
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`1
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`l1f
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`l11
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`.
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`Ina, et (21., Case No. 6:13-CV—447 (E.D. Tex.) and Smartflash LLC, et al. v.
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`Samsung Electronics Co. Ltd, et (11., Case No. 6:13—CV—448 (ED. Tex.),
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`dated Feb. 13, 2015 that I downloaded from PACER on June 1, 2015. An
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`exhibit label on the first page has been added to the bottom of the Order but
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`no other alterations have been made.
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`5.
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`Exhibit 2058 is a true and correct copy of a Memorandum Opinion and
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`Order (on Defendants’ Motions for Stay Pending the Outcome of CBMs)
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`from Smartflash LLC, elf al. v. Apple Ina, et (11., Case No. 6: l 3-CV—447
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`(E.D. Tex.), Smartflaslz LLC, et al. v. Samsung Electronics Co. Ltd, et 621.,
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`Case No. 6:13-CV-448 (ED. Tex), Smartflash LLC, et al. v. Google, Ina, et
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`611., Case No. 6:14—CV-435 (ED. Tex.), and Smarzflas/z LLC, et al. 12.
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`Amazon, Ina, et al., Case No. 6: 14-CV-992 (E.D. Tex.) dated May 29, 2015
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`that I downloaded from PACER on June 1, 2015. An exhibit label on the
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`first page has been added to the bottom of the Memorandum Opinion and
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`Order but no other alterations have been made.
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`6.
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`Exhibit 2068 is a true and correct copy of the Transcript of the Deposition of
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`Anthony J. Wechselberger taken in this matter dated May 28, 2015 as
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`received from the Court Reporter, David Feldman Worldwide, Inc, 450
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`Seventh Avenue, Ste. 500, New York, NY 10123, on June 2, 2015. An
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`exhibit label on the first page has been added to the bottom of the Transcript
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`but no other alterations have been made.
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`7.
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`Exhibit 2074 is a true and c01rect copy of a Civil Docket Report from
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`Smart/flash LLC, et al. v. Apple Inc, et (11., Case No. 6: l3-CV-447 (ED.
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`Tex.) that I downloaded from PACER on June 19, 2015. An exhibit label on
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`the first page has been added to the bottom of the Civil Docket Report but no
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`other alterations have been made.
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`8.
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`I make this declaration of my own personal knowledge. If called to testify
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`as to the truth of the matters stated herein, I could and would testify
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`competently.
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`9.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 24th day of June, 2015, at McLean, Virginia.
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`l
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`'Q‘J
`Emily E.
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`hey
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`