`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`
`Petitioner,
`
`V.
`
`SMARTFLASH LLC,
`
`Patent Owner.
`
`Case CBM2015-00016
`
`Patent 8,033,458 B2
`
`DECLARATION OF EMILY E. TOOHEY
`IN SUPPORT OF PATENT OWNER’S RESPONSE
`
`
`
`
`
`Smartflash - Exhibit 2070
`Smartflash — Exhibit 2070
`Apple v. Smartflash
`Apple v. Smartflash
`CBM2015-00016
`CBM20 1 5-000 1 6
`
`
`
`
`
`%t1
`
`E lE E ll1
`
`I, Emily E. Toohey, make the following Declaration pursuant to 28 U.S.C. §
`
`1746:
`
`1.
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`I am a Litigation Paralegal at the law firm of Davidson Berquist Jackson &
`
`Gowdey, LLP.
`
`1 provide this Declaration in connection with Patent Owner’s Response in
`
`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
`
`personal knowledge.
`
`Exhibit 2049 is a true and correct copy of a Report and Recommendation (on
`
`Defendants’ Motions for Summary Judgment of Invalidity Pursuant to 35
`
`U.S.C. § 101), from Smartflaslz LLC, et al. V. Apple Inc., et al., Case No.
`
`6: 13-CV—447 (E.D. Tex.) and Smartflas/1 LLC, et al. v. Samsung Electronics
`
`Co. Ltd, et al., Case No. 6: 13-CV—448 (E.D. TeX.), dated Jan. 21, 2015 that I
`
`downloaded from PACER on June 1, 2015. An exhibit label on the first
`
`page has been added to the bottom of the Report and Recommendation but
`
`no other alterations have been made.
`
`Exhibit 2050 is a true and correct copy of an Order adopting Report and
`
`Recommendation (on Defendants’ Motions for Summary Judgment of
`
`Invalidity Pursuant to 35 U.S.C. § 101), from Smartflas/1 LLC, et al. v. Apple
`
`1
`
`
`
`
`
`
`
`3l
`
`El5? ilE52
`
`Ina, er al., Case No. 6:l3—CV-447 (E.D. Tex.) and Smartflas/2 LLC, et al. v.
`
`Samsung Eleczfronics Co. Ltd, et al., Case No. 6:13-CV-448 (E.D. Tex.),
`
`dated Feb. 13, 2015 that I downloaded from PACER on June l, 2015. An
`
`exhibit label on the first page has been added to the bottom of the Order but
`
`no other alterations have been made.
`
`Exhibit 2058 is a true and correct copy of a Memorandum Opinion and
`
`Order (on Defendants’ Motions for Stay Pending the Outcome of CBMs)
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`from Smartflash LLC, et al. v. Apple Inc., et al. , Case No. 6:13-CV-447
`
`(E.D. TeX.), Smartflas/2 LLC, et al. v. Samsung Electronics Co. Ltd, et al.,
`
`Case No. 6:13-CV-448 (E.D. Tex.), Smartflash LLC, et al. v. Google, Inc., er
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`al., Case No. 6:14-CV-435 (E.D. Tex.), and Smartflash LLC, et al. v.
`
`Amazon, Ina, et al., Case No. 6:l4—CV-992 (E.D. Tex.) dated May 29, 2015
`
`that I downloaded from PACER on June 1, 2015. An exhibit label on the
`
`first page has been added to the bottom of the Memorandum Opinion and
`
`Order but no other alterations have been made.
`
`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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`
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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.
`
`7.
`
`Exhibit 2073 is a true and correct copy of Apple’s Preliminary Claim
`
`Constructions and Extrinsic Evidence filed in Smartflash, LLC, et al. v.
`
`Apple Inc., et al., Case No. 6: l3-CV-447 (E.D. Tex.) that I downloaded from
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`PACER on June 19, 2015. An exhibit label on the first page has been added
`
`to the bottom of the Preliminary Claim Constructions but no other alterations
`
`have been made.
`
`8.
`
`Exhibit 2074 is a true and correct copy of a Civil Docket Report from
`
`Smartflash LLC, et al. v. Apple Inc, et al., Case No. 6: l3-CV-447 (E.D.
`
`Tex.) that I downloaded from PACER on June 19, 2015. An exhibit label on
`
`the first page has been added to the bottom of the Civil Docket Report but no
`
`other alterations have been made.
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`
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`9.
`
`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, 1 could and would testify
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`competently.
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`10.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`
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`Executed this 24th day of June, 2015, at McLean, Virginia.
`
`:3 Emily E.
`
`ohey
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