`Apple v. Smartflash
`CBM2015-00029
`
`
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`I, Emily E. Toohey, make the following Declaration pursuant to 28 U.S.C. § 1746:
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`1.
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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—identif1ed 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
`
`U.S.C. § 101), from Smartflash, LLC et al. V. Apple Inc., et al., Case No.
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`6:13—CV-447 (E.D. Tex.) and Smarzflash LLC, et al. 12. Samsung Electronics
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`Co. Ltd, et al., Case No. 6:13—CV-448 (E.D. TeX.), dated Jan. 21, 2015 thatI
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`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 tiue and correct copy of an Order adopting Report and
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`Recommendation (on Defendants’ Motions for Summary Judgment of
`
`Invalidity Pursuant to 35 U.S.C. § 101), from Smartflash LLC, et al. v. Apple
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`Inc, et al., Case No. 6:13-CV-447 (E.D. Tex.) and Smartflash LLC, et al. v.
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`Sctmsung Electronics Co. Ltd, et al., Case No. 6:13—CV-448 (E.D. Tex.),
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`
`
`
`
`dated Feb. 13, 2015 that I downloaded from PACER on June 1, 2015. An
`
`exhibit label on the first page has been added to the bottom ofthe Order but
`
`no other alterations have been made.
`
`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)
`
`from Smartflash LLC, et al. v. Apple Inc., et al., Case No. 6: l3-CV—447
`
`Tex.), Smartflash LLC, et al. v. Samsung Electronics Co. Ltd, er al.,
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`Case No. 6:13-CV—448 (E.D. Tex.), Smartflash LLC, er al. v. Google, Inc., et
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`al., Case No. 6:14-CV—435 (E.D. Tex.), and Smartflash LLC, et al. v.
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`Amazon, Inc., er al., Case No. 6: 14-CV-992 (E.D. Tex.) dated May 29, 2015
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`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.
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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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`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 2074 is a true and correct copy of a Civil Docket Report from
`Smartflash LLC, et al. v. Apple M0,, er al., Case No. 6:13-CV-4047 (E.D.
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`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.
`
`Exhibit 2075 is a true and correct copy of the Order on Defendants’
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`Renewed Motion for Judgment as a Matter of Law on the Issue of § 101
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`under Rule 50(b); Dkt. #585; from Smartflas/1 LLC, ez‘ al. v. Apple Inc., et
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`aI., Case No. 6:13-CV-447 (E.D. Tex.) dated July 8, 2015 that I downloaded
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`from Pacer on July 14, 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 2076 is a true and correct copy of the Transcript of the Deposition of
`
`Anthony J. Wechselberger taken in this matter dated July 22, 201 5 as
`
`received from the Court Reporter, David Feldman Worldwide, Inc., 450
`
`Seventh Avenue, Ste. 500, New York, NY l0l23, on July 24, 2015. An
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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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`10.
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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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`
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`11.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 29th day of July, 2015, at McLean, Virginia.
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