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`Covered Business Method Patent Review
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`United States Patent No. 7,334,720
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`Attorney Docket No.:
`104677—5008—817
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`Customer No. 28120
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`Petitioner: Apple Inc.
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`Inventor: Racz et al.
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`United States Patent No.: 7,334,720
`Formerly Application No.: 11/336,758
`Issue Date: February 26, 2008
`Filing Date: January 19, 2006
`Former Group Art Unit: 2876
`Former Examiner: Steven S. Paik
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`‘§‘§‘H§H§Hf1lfH§
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`For: Data Storage and Access Systems
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`MAIL 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 22313-1450
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`DECLARATION OF MICHAEL P. DUFFEY IN SUPPORT OF PETITION
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`FOR COVERED BUSINESS METHOD PATENT REVIEW OF
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`UNITED STATES PATENT NO. 7,334,720
`PURSUANT TO 35 U.S.C. § 321, 37 C.F.R. § 42.304
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`3
`I Michael P. Duffey, make
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`the
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`following Declaration pursuant
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`to
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`28 U.S.C. § 1746:
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`1.
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`I
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`am a Litigation Paralegal
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`Specialist
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`at
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`the
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`law firm of
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`Ropes & Gray LLP.
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`2.
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`I provide this Declaration in connection with the above—identif1ed
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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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`Apple Exhibit 1221 Page 00001
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`Apple Exhibit 1221 Page 00001
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`
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`Covered Business Method Patent Review
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`United States Patent No. 7,334,720
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`CFR. § 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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`3.
`
`Exhibit 1201 hereto is a true and correct copy of United States Patent
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`No. 7,334,720 to Hermen—ard Hulst and Patrick Sander Racz, which I downloaded on
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`january 31, 2014 from the United States Patent and Trademark Office (“USPTO”)
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`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
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`page 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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`4.
`
`Exhibit 1202 hereto is a true and correct copy of Plaintiffs’ First
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`Amended Complaint for Patent Infringement
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`(“Amended Complaint”),
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`filed in
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`Smdrfilaib LLC,
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`ez‘ a/.
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`7). Apple Inn, at 61/., Civil Action No. 6:13—cV—447, before the
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`District Court of the Eastern District of Texas, which I downloaded on February 24,
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`2014 from the Public Access to Court Electronic Records (“PACER”) website and is
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`a record of the aforementioned District Court (Dkt. No. 72) to which all parties have
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`access. The Amended Complaint contains markings at the top of each page indicating
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`the PACER filing information. An exhibit label on the first page and page numbers
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`on 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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`Page 00002
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`Covered Business Method Patent Review
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`United States Patent No. 7,334,720
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`5.
`
`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
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`February 3, 2014 from the USPTO PAIR website 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 page
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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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`6.
`
`Exhibit 1207 hereto is a true and correct copy of United States Patent
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`No. 5,675,734 to Arthur R. Hair, which I downloaded on February 3, 2014 from the
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`USPTO PAIR website and which is a record of the USPTO to which all parties have
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`access. An exhibit label on the first page and page numbers on all pages have been
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`added to the bottom of this document but no other alterations have been made.
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`7.
`
`Exhibit 1208 hereto is a true and correct copy of United States Patent
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`No. 4,878,245 to Graham C. Bradley, Alton O. Stretten, John P. Stretten, and Rex B.
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`Wentzel, 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
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`on the first page and page numbers on all pages have been added to the bottom of
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`this document but no other alterations have been made.
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`8.
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`Exhibit 1209 hereto is a true and correct copy of the file history for
`
`United States Patent No. 7,334,720 to Herrnen—ard Hulst and Patrick Sander Racz,
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`which I downloaded on January 29, 2014 from the USPTO PAIR website and which
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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. 7,334,720
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`is a record of the USPTO to which all parties have access. An exhibit label on the
`
`first page and page 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. 7,942,317 to Patrick Racz and Hermen—ard Hulst, which I downloaded on
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`January 31, 2014 from the USPTO PATR website 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 page
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
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`10.
`
`Exhibit 1211 hereto is a true and correct copy of United States Patent
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`No. 5,103,392 to Ryoichi Mori, which I downloaded on March 10, 2014 from the
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`USPTO PAIR website and which is a record of the USPTO to which all parties have
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`access. An exhibit label on the first page and page numbers on all pages have been
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`added to the bottom of this document but no other alterations have been made.
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`11.
`
`Exhibit 1212 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.
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`Casey, Richard
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`Goldstein, Michael G. Lamming, Jock D. Mackinlay, Roy Want,
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`George G. Robertson, Mark D. Weiser, and Daniel M. Russell, which I downloaded
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`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 page
`
`Page 00004
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`
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`Covered Business Method Patent Review
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`United States Patent No. 7,334,720
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`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`12.
`
`Exhibit 1213 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 page
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`13.
`
`Exhibit 1214 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 page numbers on all pages have been added to the bottom of this
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`document but no other alterations have been made.
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`14.
`
`Exhibit 1215 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
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`published on November 26, 1997, which I downloaded on February 24, 2014 from
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`the European Patent Office’s Espacenet search page to which all parties have access.
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`An exhibit label on the first page and page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
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`Page 00005
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`Covered Business Method Patent Review
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`United States Patent No. 7,334,720
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`15.
`
`Exhibit 1216 hereto is a true and correct copy of the Tnternational
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`Publication No. WO 99/43136, filed on January 11, 1999 by Ericsson, Inc, and
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`published on August 26, 1999, which I downloaded on February 24, 2014 from the
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`European Patent Off1ce’s Espacenet search page to which all parties have access. An
`
`exhibit label on the first page and page numbers on all pages have been added to the
`
`bottom of this document but no other alterations have been made.
`
`16.
`
`Exhibit 1217 hereto is a true and correct copy of the Japanese Patent
`
`Application Publication No. H11—164058 filed on November 26, 1997 by Hitachi
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`Electron Service Co., Ltd., and published on June 18, 1999, which I downloaded on
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`March 11, 2014 from the European Patent Office’s Espacenet search page to which
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`all parties have access, and which is accompanied by a true and correct copy of a
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`translation of the text of that document and a declaration of accuracy regarding that
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`translation provided by MultiLing Corporation. An exhibit label on the first page and
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`page numbers on all pages have been added to the bottom of this document but no
`
`other alterations have been made.
`
`17.
`
`Exhibit 1220 hereto is a true and correct copy of United States Patent
`
`No. 8,033,458 to Herrnen—ard Hulst and Patrick Racz, which I downloaded on
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`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 page
`
`Page 00006
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`
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`Covered Business Method Patent Review
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`United States Patent No. 7,334,720
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`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`18.
`
`Exhibit 1229 hereto is a true and correct copy of the file history for
`
`United States Patent No. 7,942,317 to Patrick Racz and Hermen—ard I-lulst, 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 page numbers on all pages have been added to the bottom of this document
`
`but no other alterations have been made.
`
`19.
`
`Exhibit 1230 hereto is a true and correct copy of the file history for
`
`United States Patent No. 8,033,458 to I-Iermen—ard I-Iulst 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 page numbers on all pages have been added to the bottom of this document
`
`but no other alterations have been made.
`
`20.
`
`Exhibit 1231 hereto is a true and correct copy of United States Patent
`
`No. 8,061,598 to Patrick Racz and Hermen—ard Hulst, 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 page
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
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`Page 00007
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`Covered Business Method Patent Review
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`United States Patent No. 7,334,720
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`21.
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`Exhibit 1232 hereto is a true and correct copy of United States Patent
`
`No. 8,118,221 to Patrick Racz and Hermen—ard Hulst, which I downloaded on
`
`January 31, 2014 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all pariies have access. An exhibit label on the first page and page
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`22.
`
`Exhibit 1233 hereto is a true and correct copy of the file history for
`
`United States Patent No. 8,118,221 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
`
`page and page numbers on all pages have been added to the bottom of this document
`
`but no other alterations have been made.
`
`23.
`
`Exhibit 1234 hereto is a true and correct copy of United States Patent
`
`No. 8,336,772 to Patrick Racz and Hermen—ard Hulst, 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 page
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`24.
`
`Exhibit 1235 hereto is a true and correct copy of the file history for
`
`United States Patent No. 8,336,772 to Patrick Racz and Hermen—ard Hulst, which I
`
`Page 00008
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`
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`Covered Business Method Patent Review
`
`United States Patent No. 7,334,720
`
`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 page numbers on all pages have been added to the bottom of this document
`
`but no other alterations have been made.
`
`25.
`
`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, I could and would testify
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`competently.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 17th day of November, 2014, at East Palo Alto, CA.
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`Michael P. Duftey
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`Page 00009