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`Covered Business Method Patent Review
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`United States Patent No. 8,118,221
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`Attorney Docket No.:
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`104677—5008—823
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`Customer No. 28120
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`Petitioner: Apple Inc.
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`Inventor: Racz et al.
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`United States Patent No.: 8,118,221
`Formerly Application No.: 12/943,872
`Issue Date: February 21, 2012
`Filing Date: November 10, 2010
`Former Group Art Unit: 2887
`Former Examiner: Thien M. Le
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`wwwwwww
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`Data Storage and Access Systems
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`lVUUL STOP PATENT BOARD
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`Patent Trial and Appeal Board
`United States Patent and Trademark Office
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`Post Office Box 1450
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`Alexandria, Virginia 22313—1450
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`DECLARATION OF MEGAN F. RAYMOND IN SUPPORT OF
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`PETITION FOR COVERED BUSINESS METHOD PATENT REVIEW OF
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`UNITED STATES PATENT NO. 8,118,221
`PURSUANT TO 35 U.S.C. § 321, 37 C.F.R. § 42.304
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`1, Megan F. Raymond, make the following Declaration pursuant to 28 U.S.C. §
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`1746:
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`1.
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`2.
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`I am an attorney at the law firm of Ropes & Gray LLP.
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`I provide this Declaration in connection with the above—identified
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`Covered Business Method Patent Review proceeding that is being requested at the
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`United States Patent and Trademark Office by Apple Inc. under 35 U.S.C. § 321, 37
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`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are based
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`on my personal knowledge.
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`Apple Exhibit 1044
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`Page 00001
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`Page 00001
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`Apple Exhibit 1044
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`Covered Business Method Patent Review
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`United States Patent No. 8,118,221
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`3.
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`Exhibit 1010 hereto is a true and correct copy of United States Patent
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`No. 5,940,805 to Dieter Kopp, which was downloaded on October 26, 2014 from the
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`United States Patent and Trademark Office
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`(“USPTO”) Patent Application
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`Information Retreival (“PAIR”) website at my request and which is a record of the
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`USPTO to which all parties have access. An exhibit label on the first page and pages
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`numbers on all pages have been added to the bottom of this document but no other
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`alterations have been made.
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`4.
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`Exhibit 1019 hereto is
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`a true and correct copy of International
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`Publication No. WO 95/ 34857, filed on June 14, 1995 by Smith,]ames P. and Smith,
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`Edward A., and published on December 21, 1995, which was downloaded at my
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`request on October 26, 2014 from the European Patent Office’s Espacenet search
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`page to which all parties have access. An exhibit label on the first page and pages
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`numbers on all pages have been added to the bottom of this document but no other
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`alterations have been made.
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`5.
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`Exhibit 1020 hereto is a true and correct copy of an article by Eberhard
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`von Faber, Robert Hammelrath, and Franz—Peter Heider, entitled “The Secure
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`Distribution of Digital Contents,” from the 13th Annual Computer Security
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`Applications Conference held on December 8—12, 1997, published by The Institute of
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`Electrical and Electronics Engineers, Inc., which was retrieved from the Linda Hall
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`Library of Science, Engineering and Technology, Document Services at my request.
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`Page 00002
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`Page 00002
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`Covered Business Method Patent Review
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`United States Patent No. 8,118,221
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`Page numbers and an exhibit label have been added to the bottom of this document
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`but no other alterations have been made.
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`6.
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`Exhibit 1030 hereto is a true and correct copy of the Claim Construction
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`Opinion (“Claim Construction Opinion”) from 57774077an LLC, ez‘ all a. App/e Ina, e!
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`41., Civil Action No. 6:13-cv—447, before the District Court of the Eastern District of
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`Texas, which was downloaded on October 29, 2014 from the Public Access to Court
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`Electronic Records (“PACER”) website at my request and is a record of the
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`aforementioned District Court (Dkt. No. 229) to which all parties have access. The
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`Claim Construcu'on Opinion contains markings at the top of each page indicating the
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`PACER filing information. An exhibit label on the first page and pages numbers on
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`all pages have been added to the bottom of this document but no other alterations
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`have been made.
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`7.
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`Exhibit 1031 hereto is a true and correct copy of United States Patent
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`No. 4,337,483 to Louis C. Guillou, which was downloaded on October 29, 2014 from
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`the USPTO PAIR website at my request and which is a record of the USPTO to
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`which all parties have access. An exhibit label on the first page and pages numbers on
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`all pages have been added to the bottom of this document but no other alterations
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`have been made.
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`8.
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`Exhibit 1032 hereto is a true and correct copy of United States Patent
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`No. 7,725,375 to Ian Kenneth Shepherd, which was downloaded on October 29, 2014
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`from the USPTO PAIR website at my request and which is a record of the USPTO to
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`3
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`Page 00003
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`Page 00003
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`Covered Business Method Patent Review
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`United States Patent No. 8,118,221
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`which all parties have access. An exhibit label on the first page and pages numbers on
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`all pages have been added to the bottom of this document but no other alterations
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`have been made.
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`9.
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`Exhibit 1033 hereto is a true and correct copy of United States Patent
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`No. 5,925,127 to Arshad Ahmad, which was downloaded on October 27, 2014 from
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`the USPTO PAIR website at my request and which is a record of the USPTO to
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`which all parties have access. An exhibit label on the first page and pages numbers on
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`all pages have been added to the bottom of this document but no other alterations
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`have been made.
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`10.
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`Exhibit 1034 hereto is a true and correct copy of the Japanese Patent
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`Application Publication No. H10—269289 filed on March 26, 1997 by Sony
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`Corporation, and published on October 9, 1998, which was downloaded on March
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`11, 2014 at my request from the European Patent Office’s Espacenet search page to
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`which all parties have access, and which is accompanied by a true and correct copy of
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`a translation of the text of that document and a declaration of accuracy regarding that
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`translation provided by MultiLing Corporation. An exhibit label on the first page and
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`pages numbers on all pages have been added to the bottom of this document but no
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`other alterations have been made.
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`11.
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`Exhibit 1036 hereto is a true and correct copy of two emails in an email
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`string dated August 26, 2014, titled “RE: Smartflash: Meet and Confer Regarding
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`Further Claim/ Prior Art Limits”, which I received from H. Hamad on August 26,
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`4
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`Page 00004
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`Page 00004
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`Covered Business Method Patent Review
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`United States Patent No. 8,118,221
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`2014. An exhibit label on the first page and pages numbers on all pages have been
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`added to the bottom of this document but no other alterations have been made.
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`12.
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`Exhibit 1039 hereto is a true and correct copy of United States Patent
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`No. 5,646,992 to Ronald]. Subler, which was downloaded on November 16, 2014
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`from the USPTO PAIR website at my request and which is a record of the USPTO to
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`which all parties have access. An exhibit label on the first page and pages numbers on
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`all pages have been added to the bottom of this document but no other alterations
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`have been made.
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`13.
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`I have been informed that willfully false statements are punishable by
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`fine or imprisonment, or both.
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`I make this declaration of my own personal
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`knowledge, and all statements are true.
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`If called to testify as to the truth of the
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`matters stated herein, I could and would testify competently.
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`14.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 7th day of May, 2015, at Washington, DC.
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`3
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`I
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`gan F. Raymond
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`Page 00005
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