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`UNITED STATES PATENT AND TRADEMARK OFFICE
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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 CBM201 5-00017
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`Patent 8,061,598 B2
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`DECLARATION OF EMILY E. TOOHEY
`IN SUPPORT OF PATENT OWNER’S RESPONSE
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`Smartflash - Exhibit 2071
`Smartflash — Exhibit 2071
`Apple v. Smartflash
`Apple V. Smartflash
`CBM2015-00017
`CBM2015—00017
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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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`I 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 Smartflaslz LLC, et al. V. Apple Inc., et al., Case No.
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`6:13-CV-447 (ED. Tex.) and Smartflash LLC, et al. v. Samsung Electronics
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`Co. Ltd, et al, 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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`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 Smartflash LLC, et al. v. Apple
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`1
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`Inc., et al., Case No. 6:13—CV—447 (ED. Tex.) and Smartflash LLC, elf a]. v.
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`Samsung Electronics Co. Ltd, er a]., 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, et al. v. Apple Inc, et al., Case No. 6: 13—CV—447
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`(ED. Tex.), Smartflash, LLC et al. v. Samsung Electronics Co. Ltd, et 011.,
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`Case No. 6:13-CV—448 (ED. Tex), Smartflash, LLC et a]. v. Google, Inc., et
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`al., Case No. 6:14-CV-435 (ED. Tex.), and Smartflasn LLC, et al. v.
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`Amazon, Inc, et al., Case No. 6:14-CV-992 (ED. 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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`M..ww.__w.w_w.~w”WWWMVHWWWWm,.,...,.m.....1‘...,.p.p‘.1HUHV
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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 correct copy of a Civil Docket Report from
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`Smartflash LLC, et a]. v. Apple Inc., et al., 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 firstpage has been added to the bottom 0f 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 tme and correct.
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`Executed this 24th day of June, 2015, at McLean, Virginia.
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`8 Emily E. hey
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