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`Covered Business Method Patent Review
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`United States Patent No. 8,033,458
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`Attorney Docket No.:
`104677—5008—814
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`Customer N 0. 28120
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`Petitioner: Apple Inc.
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`Inventor: l-Iulst et al.
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`United States Patent No.: 8,033,458
`l"‘ormerl_v Application No.: 12 / 943,847
`Issue Date: October 11, 2011
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`Filing Date: November 10, 2010
`Former Group Art Unit: 2887
`Former Examiner: Thien M. Le
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`Iafiifiifiifitfiifiifi
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`For: Data Storage and Access Systems
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`MAI]... 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 2231 3-1450
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`DECLARATION OF MEGAN F. RAYMOND IN SUPPORT OF
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`PETITION FOR COVERED BUSINESS METHOD PATENT REVIEW OF
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`UNITED STATES PATENT NO. 8,033,458
`PURSUANT TO 35 U.S.C. § 321, 37 C.F.R. § 42.304
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`1, Megan F. Raymond, make the following Declaration pursuant to 28 U.S.C. §
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`1746:
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`1.
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`2.
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`I am an attorney at the law firm of Ropes & Gray I J JP.
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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.1*‘.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 1222 Page 00001
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`Apple Exhibit 1222 Page 00001
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`Covered Business Method Patent Review
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`United States Patent No. 8,033,458
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`3.
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`ljxhibit 1203 hereto is a true and correct copy of United States Patent
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`No. 5,925,127 to Arshad Ahmad, which was downloaded on October 27, 2014 from
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`the United States Patent and Trademark Office (“USPTO”) Patent Application
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`Information Retrieval (“PAIR”) website at my request 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 1205 hereto is a true and correct copy of United States Patent
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`No. 5,940,805 to Dieter Kopp, which was downloaded on October 26, 2014 from the
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`USPTO Pr'\'Il{ website at my request and which is a record of the USPTO to which all
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`parties have access. 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 1208 he.reto is a true and correct copy of an article by Russell
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`Ilousley and Jan Dolphin, entitled “Metering: A Pre—pay Technique,” Storage and
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`Retrieval for Image and Video Databases V, Conference Volume 3022, 527 (January
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`15, 1997) from the S'l"lli§ Digital Library at my request. Page numbers and an exhibit
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`label have been added to the bottom of this document but no other alterations have
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`been made.
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`6.
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`Exhibit 1211 hereto is a true and correct copy of United States Patent
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`No. 4,337,483 to Louis C. Guillou, which was downloaded on October 29, 2014 from
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`Page 00002
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`Page 00002
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`
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`Covered Business Method Patent Review
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`United States Patent No. 8,033,458
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`the USPTO "PAIR website at my request 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
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`all pages have been added to the bottom of this document but no other alterations
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`have been made.
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`7.
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`Exhibit 1219 hereto is a true and correct copy of an article by Eberhard
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`Von Faber, Robert
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`llammelrath, and 1*‘ranz—Peter Ileider, entitled “The Secure
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`Distribution of Digital Contents,’
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`from the 13th Annual Computer Security
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`1‘
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`Applications Conference held on December 8-12, 1997, published by The Institute of
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`Electrical and Electronics Engineers, 'lnc., which was retrieved from the Linda Hall
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`Library of Science, Engineering and Technology, Document Services at my request.
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`Page numbers and an exhibit label have been added to the bottom of this document
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`but no other alterations have been made.
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`8.
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`Exhibit 1223 hereto is a true and correct copy of United States Patent
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`No. 8,118,221 to Patrick RACZ,
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`Ilermen—ard Iiulst, which was downloaded on
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`October 29, 2014 from the USPTO PAIR website at my request and which is a record
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`of the USPTO to which all parties have access.
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`1-'\n exhibit label on the first page and
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`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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`9.
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`Exhibit 1225 hereto is a true and correct copy of the Claim Construction
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`Opinion (“Claim Construction Opinion”) from 52220737’/at/9 LLC, at ad a Appfe Im:, at
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`aZ., Civil Action No. 6:13-cv—447, before the District Court of the Eastern District of
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`Page 00003
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`Page 00003
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`
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`Covered Business Method Patent Review
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`United States Patent No. 8,033,458
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`Texas, which was downloaded on October 29, 2014 from the P‘ublic Access to Court
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`Electronic Records (“PACER”) website at my request and is a record of the
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`aforementioned District Court (Dkt. No. 229) to which all parties have access. The
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`Clairn Construction Opinion contains markings at the top of each page indicating the
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`PACl'lR filing information. An exhibit label on the first page and pages numbers on
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`all pages have been added to the bottom of this document but no other alterations
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`have been made.
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`10.
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`Exhibit 1226 hereto is a true and correct copy of United States Patent
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`No. 7,725,375 to Ian Kenneth Shepherd, which was downloaded on October 29, 2014
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`from the USPTO PAIR website at my request 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
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`all pages have been added to the bottom of this document but no other alterations
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`have been made.
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`11.
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`Exhibit 1227 hereto is
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`a true and correct copy of International
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`Publication No. \V(.) 95/ 34857, filed on june 14, 1995 by Smith,_Iarnes P. and Smith,
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`Edward .«’\., and published on December 21, 1995, which was downloaded on
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`October 26, 2014 from the European Patent Of{ice’s Llspacenet search page to which
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`all parties have access at my request. 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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`Page 00004
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`Page 00004
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`Covered Business Method Patent Review
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`United States Patent No. 8,033,458
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`12.
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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
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`to the truth of the matters stated herein,
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`1 could and would testify
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`competently.
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`13.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 30th day of October, 2014, at Washington, D.C.
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`rfiegan F. aiaymond
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`Page 00005
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`Page 00005