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`E E i§E E
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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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`GOOGLE 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 CBM2015-00143
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`Patent 8,794,516
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`DECLARATION OF EMILY E. TOOHEY
`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
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`Smartflash - Exhibit 2093
`Smartflash — Exhibit 2093
`Google v. Smartflash
`Google V. Smartflash
`CBM2015-00143
`CBM20l5—00l43
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`
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`é E : S l 3E l
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`I, Emily E. Toohey, make the following Declaration pursuant to 28 U.S.C. §
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`1746:
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`I am a Litigation Paralegal at the law firm of Davidson Berquist Jackson &
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`Gowdey, LLP.
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`I provide this Declaration in connection with Patent Owner’s Preliminary
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`Response in the above-identified 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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`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
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`U.S.C. § l0l), from Smartflas/2, LLC et al. V. Apple Ma, et al., Case No.
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`6:13-CV-447 (E.D. Tex.) and Smartflash LLC, et al. v. Samsung Electronics
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`
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`Co. Ltd, et al., Case No. 6: l3—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.
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`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
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`Invalidity Pursuant to 35 U.S.C. § 101), from Smartflash LLC, et al. v. Apple
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`Inc, er al., Case No. 6:l3—CV-447 (E.D. Tex.) and Smartflas/2 LLC, et al. 12.
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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 2068 is a true and correct copy of the Transcript of the Deposition of
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`Anthony J. Wechselberger taken in CBM2015-00015, CBM-2015-00016,
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`CBM-2015-00017, and CBM-2015-00018 dated May 28, 2015 as received
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`from the Court Reporter, David Feldman Worldwide, Inc., 450 Seventh
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`Avenue, Ste. 500, New York, NY 10123, on June 2, 2015. An exhibit label
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`on the first page has been added to the bottom of the Transcript but no other
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`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. #5 85 ; from Smartflas/2 LLC, et al. v. Apple Inc., et
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`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
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`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 CBM2015-00028, —00029, -00031, -
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`00032 and —00033 dated July 22, 2015 as received from the Court Reporter,
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`David Feldman Worldwide, Inc., 450 Seventh Avenue, Ste. 500, New York,
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`NY 10123, on July 24, 2015. An exhibit label on the first page and page
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`numbers have been added to the bottom of the Transcript but no other
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`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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`ll.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 27th day of August, 2015, at McLean, Virginia.
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