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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 CBM2015—001 17
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`Patent 8,118,221
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`DECLARATION OF EMILY E. TOOHEY
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`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
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`Smartflash - Exhibit 2059
`Smartflash — Exhibit 2059
`Apple v. Smartflash
`Apple V. Smartflash
`CBM2015-00117
`CBM2015—00117
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`llE i il ll
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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 Preliminary
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`Response in the above-identified Covered Business Method Patent Review.
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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 CBMs) from
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`Smartflash LLC 62‘ al. v. Apple, Inc, et 61]., Case No. 6:13—CV—447 (ED.
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`TeX.), Smart/lash LLC et a]. v. Samsung Electronics Co. Ltd, et al, Case No.
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`6: 13—CV-448 (ED. Tex), Smartflash’LLC et al. v. Google, [newer al., Case
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`No. 6:14-CV-435 (E.D. TeX.), and Smartflash LLC et a]. v. Amazon, Inc, et
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`al., Case No. 6:14—CV—992 (ED. TeX.) dated May 29, 2015 thatI
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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 Memorandum Opinion and Order
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`but no other alterations have been made.
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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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`5.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this lst day of June, 2015, at McLean, Virginia.
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`“”17
`I
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`,I' Emily E. Toqhfiy
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