`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner
`______________________
`
`Case CBM2015-00131
`Patent 8,061,598
`______________________
`
`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
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`
`
`
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`
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`28 U.S.C. § 1746:
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`1.
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`I am a Litigation Paralegal Specialist at
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`the
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`law firm of
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`Ropes & Gray LLP.
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`2.
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`I provide this Declaration in connection with the above-identified
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`Covered Business Method Patent Review proceeding requested at the United
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`States Patent and Trademark Office by Apple Inc. under 35 U.S.C. § 321, 37
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`
`
`1
`
`Apple Exhibit 1047
`Apple Inc. v. Smartflash LLC
`CBM2015-00131
`Page 00001
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`
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`Case CBM2015-00131
`Patent 8,061,598
`C.F.R. § 42.304. Unless otherwise stated, the facts stated in this Declaration are
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`based on my personal knowledge.
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`3.
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`Exhibit 1041 hereto is a true and correct copy of the Brief for
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`Plaintiffs-Appellees Smartflash LLC (“SF Appeal Brief”), filed in Smartflash LLC,
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`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
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`Public Access to Court Electronic Records (“PACER”) website and is a record of
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`the aforementioned Federal Circuit (Dkt. No. 40) to which all parties have access.
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`The SF Appeal Brief 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 page 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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`4.
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`Exhibit 1042 hereto is a true and correct copy of United States Patent
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`No. 8,083,137 to Mary C. Tannenbaum, which I downloaded on April 21, 2016
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`from the United States Patent and Trademark Office (“USPTO”) Patent
`
`Application Information Retrieval (“PAIR”) website 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
`
`page numbers on all pages have been added to the bottom of this document but no
`
`other alterations have been made.
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`
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`2
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`Page 00002
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`
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`Case CBM2015-00131
`Patent 8,061,598
`Exhibit 1043 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.
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`6.
`
`Exhibit 1044 hereto is a true and correct copy of United States Patent
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`No. 7,970,713 to Vladimir Gorelik, Andrew Ian Atherton, and Nina Barrameda
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`Zumel, which I downloaded on April 19, 2016 from the United States Patent and
`
`Trademark Office (“USPTO”) Patent Application Information Retrieval (“PAIR”)
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`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.
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`7.
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`Exhibit 1045 hereto is a true and correct copy of the Record of Oral
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`Hearing held on November 9, 2015 in CBM2014-00192, -00193, -00194, -00199,
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`and CBM2015-00015, -00016, -00017, and -00018, which I downloaded on April
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`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
`
`
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`3
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`Page 00003
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`
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`Case CI3M20l5-00131
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`Patent 8,061,598
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`pages have been added to the bottom of this document but no other alterations have
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`been made.
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`8.
`
`Exhibit 1046 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
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`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.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 26th day ofApril, 2016, at East Palo Alto, CA.
`
`Michael P. Duiiiey
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`%
`
`FF
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`Page 00004