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`1. My name is Kevin Bermeister.
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`I reside in Sydney, Australia, am over the age
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`of twenty-one, and am competent in all respects to make this declaration.
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`I have
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`personal knowledge of the matters set forth below, and the factual matters set forth
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`below are true and correct.
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`2.
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`I am currently the Non—Executive Chairman of PersonalWeb Technologies,
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`LLC (“PersonalWeb”).
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`I am also the Chief Executive Officer and Director of
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`Brilliant Digital Entertainment, Inc. (“BDE”).
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`3. When I refer to “True Name patents” herein, 1 am referring to US. Patent Nos.
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`5,978,791 and all continuations thereof. The True Name patents were originally
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`owned by a company called Kinetech. BDE entered into an exclusive license with
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`Kinetech for the True Names patents in the field of peer—to-peer communications.
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`Later, in approximately 2006, BDE acquired Kinetech and made it a wholly
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`owned subsidiary.
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`4. Kinetech’s headquarters are located at 12711 Ventura Boulevard, Suite 210,
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`Studio City, California 91604.
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`I am Chief Executive Officer and Chief Financial
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`Officer of Kinetech.
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`EXHIBlT
`%r§or\fli 1.0243
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`”2,003
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`5.
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`In or around June, 2011, Kinetech contributed the True Names patents to
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`PersonalWeb, and in exchange became a majority equity investor in PersonalWeb.
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`6. Exhibit 2010 in this IPR proceeding is a true and correct copy of a Patent and
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`Software License Agreement, entered into in 2009, between BDE and affiliates
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`thereof, and Skype Technologies SA, Skype, Inc. Skype paid approximately
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`$4,000,000.00 (Four-Million Dollars) for this license. None of the three licenses I
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`identify herein settled or ended any patent litigation.
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`7. Exhibit 2011 in this IPR proceeding is a true and correct copy of a Patent
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`License Agreement, having an effective date of October 18, 2002, made between
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`Kinetech, and BDE and Altnet, Inc. Consideration for this license was
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`approximately $5,000,000.00 (Five-Million Dollars).
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`8. Altnet is now a wholly-owned subsidiary of BDE.
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`I am Chief Executive Office
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`and Chief Financial Officer of Altnet.
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`9. Exhibit 2012 in this IPR proceeding is a true and correct copy of a Patent
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`Sublicense Agreement, having an effective date of October 18, 2002, between
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`BDE and Altnet, as sublicensors, and Sharman Networks Limited (“Sharman”).
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`Sharman paid approximately $7,200,000.00 (Seven—Million, Two-Hundred
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`Thousand Dollars) for this license.
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`10.
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`In signing this declaration, I recognize that the declaration will be filed as
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`evidence in a contested proceeding before the Patent Trial and Appeal Board of
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`the United States Patent and Trademark Office.
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`I also recognize that I may be
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`subject to cross examination in the proceeding and that cross examination will take
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`place within the United States. If cross examination is required of me, I will
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`appear for cross examination within the United States during the time allotted for
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`cross examination.
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`ll. I declare that all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true; and
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`further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`.
`Kevm
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`Kevin Bermeister
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`22 July 2013
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`Dated:
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