`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner
`______________________
`
`Case CBM2015-00121
`Patent 8,794,516
`______________________
`
`DECLARATION OF MICHAEL P. DUFFEY IN SUPPORT OF
`PETITIONER’S REPLY TO PATENT OWNER’S RESPONSE
`
`I, Michael P. Duffey, make the following Declaration pursuant to
`
`
`
`
`
`
`
`28 U.S.C. § 1746:
`
`1.
`
`I am a Litigation Paralegal Specialist at
`
`the
`
`law firm of
`
`Ropes & Gray LLP.
`
`2.
`
`I provide this Declaration in connection with the above-identified
`
`Covered Business Method Patent Review proceeding requested at the United
`
`States Patent and Trademark Office by Apple Inc. under 35 U.S.C. § 321, 37
`
`Apple Exhibit 1055
`Apple Inc. v. Smartflash LLC
`CBM2015-00121
`Page 00001
`
`
`
`Case CBM2015-00121
`Patent 8,794,516
`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are
`
`based on my personal knowledge.
`
`3.
`
`Exhibit 1049 hereto is a true and correct copy of the Brief for
`
`Plaintiffs-Appellees Smartflash LLC (“SF Appeal Brief”), filed in Smartflash LLC,
`
`et al. v. Apple Inc., et al., Appeal No. 2016-1059, before the United States Court of
`
`Appeals for the Federal Circuit, which I downloaded on April 19, 2016 from the
`
`Public Access to Court Electronic Records (“PACER”) website and is a record of
`
`the aforementioned Federal Circuit (Dkt. No. 40) to which all parties have access.
`
`The SF Appeal Brief contains markings at the top of each page indicating the
`
`PACER filing information. 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.
`
`4.
`
`Exhibit 1050 hereto is a true and correct copy of United States Patent
`
`No. 8,083,137 to Mary C. Tannenbaum, which I downloaded on April 21, 2016
`
`from the United States Patent and Trademark Office (“USPTO”) 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
`
`page numbers on all pages have been added to the bottom of this document but no
`
`other alterations have been made.
`
`Page 00002
`
`
`
`Case CBM2015-00121
`Patent 8,794,516
`Exhibit 1051 hereto is a true and correct copy of United States Patent
`5.
`
`No. 7,603,382 to Gerald B. Halt, Jr., which I downloaded on April 21, 2016 from
`
`the United States Patent and Trademark Office (“USPTO”) 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 page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`6.
`
`Exhibit 1052 hereto is a true and correct copy of United States Patent
`
`No. 7,970,713 to Vladimir Gorelik, Andrew Ian Atherton, and Nina Barrameda
`
`Zumel, which I downloaded on April 19, 2016 from the United States Patent and
`
`Trademark Office (“USPTO”) 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 page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`7.
`
`Exhibit 1053 hereto is a true and correct copy of the Record of Oral
`
`Hearing held on November 9, 2015 in CBM2014-00192, -00193, -00194, -00199,
`
`and CBM2015-00015, -00016, -00017, and -00018, which I downloaded on April
`
`19, 2016 from United States Patent and Trademark Office (“USPTO”) Patent Trial
`
`Appeal Board (“PTAB”) website and which is a record of the PTAB to which all
`
`parties have access. An exhibit label on the first page and page numbers on all
`
`Page 00003
`
`
`
`Case CBM2015-00121
`
`Patent 8,?94,5 16
`
`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`8.
`
`Exhibit 1054 hereto is a true and correct copy of United States Patent
`
`No. 7,346,545 to Dana Howard Jones, which I downloaded on April 19, 2016 from
`
`the United States Patent and Trademark Office (“USPTO”) 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 page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 6th day of May, 2016, at East Palo Alto, CA.
`In
`
`
`
`
`Michael P. Duffe
`
`Page 00004
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