`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`
`Petitioner,
`
`V.
`
`SMARTFLASH LLC,
`
`Patent Owner.
`
`Case CBM2015—00119
`
`Patent 8,033,458
`
`DECLARATION OF EMILY E. TOOHEY
`
`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
`
`Smartflash - Exhibit 2061
`Smartflash — Exhibit 2061
`Apple v. Smartflash
`Apple V. Smartflash
`CBM2015-00119
`CBM2015—001 19
`
`
`
`
`
`I, Emily E. Toohey, make the following Declaration pursuant to 28 U.S.C. §
`
`1746:
`
`I am a Litigation Paralegal at the law firm of Davidson Berquist Jackson &
`
`Gowdey, LLP.
`
`I provide this Declaration in connection with Patent Owner’s Preliminary
`
`Response in the above-identified Covered Business Method Patent Review.
`
`Exhibit 2058 is a true and correct copy of a Memorandum Opinion and ‘
`
`Order (on Defendants’ Motions for Stay Pending the Outcome CBMs) from
`
`Smartflash LLC et a]. v. Apple, Ina, er al, Case No. 6:13-CV—447 (ED.
`
`TeX.), Smartflash LLC et al. v. Samsung Electronics Co. Ltd, 61‘ al., Case No.
`
`6:13-CV-448 (E.D. TeX.), Smartflash LLC et al. v. Google, Ina, er 611., Case
`
`No. 6:14—CV—435 (E.D. Tex), and Smartflash LLC et al. v. Amazon, Ina, et
`
`al., Case No. 6:14-CV—992 (E.D. TeX.) dated May 29, 2015 thatI
`
`downloaded from PACER on June 1, 2015. An exhibit label on the first
`
`page has been added to the bottom ofthe Memorandum Opinion and Order
`
`but no other alterations have been made.
`
`I make this declaration of my own personal knowledge. If called to testify
`
`as to the truth of the matters stated herein, I could and would testify
`
`competently.
`
`
`
`
`
`
`
`5.
`
`I declare under penalty of perjuiy that the foregoing is true and correct.
`
`Executed this 1st day of June, 2015, at McLean, Virginia.
`
`I
`
`
`
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`via/Emily E. T ohey
`
`
`
`
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