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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—O0121
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`Patent 8,794,516
`
`DECLARATION OF EMILY E. TOOHEY
`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
`
`Smartflash - Exhibit 2083
`‘ Smartflash — Exhibit 2083
`Apple v. Smartflash
`Apple v. Smartflash
`CBM2015-00121
`CBM20l5—00121
`
`
`
`
`
`I, Emily E. Toohey, make the following Declaration pursuant to 28 U.S.C. §
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`1746:
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`l am a Litigation Paralegal at the law firm of Davidson Berquist Jackson &
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`Gowdey, LLP.
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`1 provide this Declaration in connection with Patent Owner’s Preliminary
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`Response in the above—identif1ed Covered Business Method Patent Review.
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`Unless otherwise stated, the facts set forth in this declaration are based on
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`my personal knowledge.
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`Exhibit 2001 is a true and correct copy of the Congressional Record - House,
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`June 23, 2011, H4480—4505. An exhibit label on the first page has been
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`added to the bottom of the Congressional Record but no other alterations
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`have been made.
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`\
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`Exhibit 2002 is a true and correct copy of the Congressional Record —
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`Senate, Sep. 8, 2011, S5402-5443. An exhibit label on the first page has
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`been added to the bottom of the Congressional Record but no other
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`alterations have been made.
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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. § l0l), from Smartflas/1, LLC et al. V. Apple Inc, et al., Case No.
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`6:13-CV-447 (E.D. Tex.) and Smartflas/1 LLC, et al. v. Samsung Electronics
`
`-1-
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`
`
`
`
`l1
`
`ll 11
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`l
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`Co. Ltd, et al., Case No. 6:13-CV-448 (E.D. Tex.), dated Jan. 21, 2015 that I
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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 Report and Recommendation but
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`no other alterations have been made.
`
`Exhibit 2050 is a true 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 Smartflaslz LLC, et al. 12. Apple
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`Ma, et al., Case No. 6:13-CV-447 (E.D. Tex.) and Smartflash LLC, et al. v.
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`Samsung 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
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`exhibit label on the first page has been added to the bottom of the Order but
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`no other alterations have been made.
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`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 Smartflaslz LLC, et al. v. Apple Inc., et
`
`al., 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.
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`Exhibit 2076 is a true and correct copy of the Transcript of the Deposition of
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`Anthony J. Wechselberger taken in taken in CBM2015-00028, -00029, -
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`-2-
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`
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`00031, —00032 and —00033 dated July 22, 2015 as received from the Court
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`Reporter, David Feldman Worldwide, Inc., 450 Seventh Avenue, Ste. 500,
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`New York, NY 10123, on July 24, 2015. An exhibit label on the first page
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`has been added to the bottom of the Transcript but no other alterations have
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`been made.
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`Exhibit 2082 is a true and correct copy of the Trial Transcript from I/zrnetx
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`Inc. v. Apple Inc., Case No. 6: 10-cv-417 (E.D. Tex.) dated November 2,
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`2012. An exhibit label on the first page has been added to the bottom of the
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`Transcript 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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`11.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 13th day of August, 2015, at McLean, Virginia.
`
` jg’
`1,
`P»
`
`Emily fl"oohe
`,
`
`
`
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