IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Covered Business Method Patent Review
`
`United States Patent No. 8,033,458
`
`Attorney Docket No.:
`104677—5008—814
`
`Customer No. 28120
`
`Petitioner: Apple Inc.
`
`Inventor: Hulst et al.
`
`United States Patent No.: 8,033,458
`Formerly Application No.: 12/943,847
`Issue Date: October 11, 2011
`Filing Date: November 10, 2010
`Former Group Art Unit: 2887
`Former Examiner: Thien M. Le
`
`fflfflffflfflflf
`
`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. 8,033,458
`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
`
`Apple Exhibit 1221 Page 00001
`
`Apple Exhibit 1221 Page 00001
`
`
`
`Covered Business Method Patent Review
`
`United States Patent No. 8,033,458
`
`Attorney Docket No.:
`104677—5008—814
`
`Customer No. 28120
`
`Petitioner: Apple Inc.
`
`Inventor: Hulst et al.
`
`United States Patent No.: 8,033,458
`Formerly Application No.: 12/943,847
`Issue Date: October 11, 2011
`Filing Date: November 10, 2010
`Former Group Art Unit: 2887
`Former Examiner: Thien M. Le
`
`fflfflffflfflflf
`
`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. 8,033,458
`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
`
`Apple Exhibit 1221 Page 00001
`
`Apple Exhibit 1221 Page 00001
`
`
`
`Covered Business Method Patent Review
`United States Patent No. 8,033,458
`
`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are based
`
`on my personal knowledge.
`
`3.
`
`Exhibit 1201 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 United States Patent and Trademark Office (“USPTO”)
`
`Patent Application Information Retrieval (“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 1202 hereto is a true and correct copy of Plaintiffs’ First
`
`Amended Complaint for Patent Infringement
`
`(“Amended Complaint”),
`
`filed in
`
`Smarfllay/9 LLC, at 4/.
`
`22. Apple Ina, at a/., 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.
`
`Page 00002
`
`
`
`Covered Business Method Patent Review
`United States Patent No. 8,033,458
`
`5.
`
`Exhibit 1204 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.
`
`6.
`
`Exhibit 1206 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.
`
`7.
`
`Exhibit 1207 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 1209 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.
`
`\X/entzel, which I downloaded on February 3, 2014 from the USPTO PAIR website
`
`Page 00003
`
`
`
`Covered Business Method Patent Review
`
`United States Patent No. 8,033,458
`
`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.
`
`9.
`
`Exhibit 1210 hereto is a true and correct copy of United States Patent
`
`No. 7,334,720 to Herrncn-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.
`
`10.
`
`Exhibit 1212 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
`
`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 1213 hereto is a true and correct copy of United States Patent
`
`No. 5,530,235 to Mark Stefik, Daniel G. Bobrow, Stuart K. Card, Michalene M.
`
`Casey, Richard
`
`Goldstein, Michael G. Lamming, 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
`
`Page 00004
`
`
`
`Covered Business Method Patent Review
`
`United States Patent No. 8,033,458
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`12.
`
`Exhibit 1214 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.
`
`13.
`
`Exhibit 1215 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
`
`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 1216 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.
`
`Page 00005
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`
`
`Covered Business Method Patent Review
`United States Patent No. 8,033,458
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`15. Exhibit 1217 hereto is a true and correct copy of the International
`
`Publication WO 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.
`
`16. Exhibit 1218 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
`
`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.
`
`17. Exhibit 1224 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
`
`
`
`6
`
`Page 00006
`
`
`
`Covered Business Method Patent Review
`
`United States Patent No. 8,033,458
`
`page and pages numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`18.
`
`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.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 28th day of October, 2014, at \Washington, DC.
`
`KN\
`
`Michael P. Duffe
`
`Page 00007
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