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`1-’ My name is Kevin Berrneister.
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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~Execut.ive Chairrnan ofPersonalWeb Technologies,
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`LLC (“PersonalWeb”),
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`I am alao the Chief Executive Officer and Director of
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`Brilliant Digital lintertainment, lnc. (“BDE”).
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`3. When I refer to “True Name patents” herein, I am referring to U.S. Patent Nos.
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`5,978,791
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`all eontinuations thereof. The True
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`patents were originally
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`owned by a company called Kineteeh. BDE entered into an exclusive license with
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`Kineteeh for the True Nam es patents in the field oi:‘peer~to~peer communications.
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`Later, in approximately 2006, BDE acquired Kineteeh 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 lixeciutive Officer and Chief Financial
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`Officer" of Kinetech.
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`S.
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`in or around June, 201 l, 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 20l6 in this {PR 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 (]?‘our—Mi1lion Dollars) for this license. Skype was a wholly owned
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`subsidiary of eBay, and I had no personal interest in Skype at the time the Skype
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`license was agreed to. None of the three licenses I identify herein settled or ended
`any patent litigation.
`1 haye been the President or CElO of BDE since V1996. I have
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`personal knowledge that the amounts stated herein are approximately correct as
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`stated.
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`{.43
`I recall from the time the license ‘
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`0!?
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`and through the time that
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`payments were made that the monetary amounts stated by me herein are
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`approxirnateiy correct.
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`7. Exhibit 2017 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. BDE paid approximately $000,000 warrants
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`which at the time of issuance were valued at approximately $l,000.000.
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`8. Altnet is now a wholly-owned subsidiary of BDE.
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`1 am Chief Executive Office
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`and Chief Financial ()fi’1eer of Altnet.
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`9. Exhibit 2018 in this IPR proceeding is a true and correct copy of a Patent
`Sublicense Agreement, having an effective date of October 18, 2002, between
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`BDE and Altnet, as sublicensors, and Shannan Networks Limited (“Shannan”).
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`Sharman paid approximately $7,200,000.00 (Seven~l\/Iillion, Two~I-lundred
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`Thousand Dollars) for this license. There is no signature for BDE in Exhibit 2018.
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`However, I recall that BDE did sign this license agreement but I have been unable
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`to locate a copy of this license agreement that was signed by BDE.
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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 Trademai .( 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.
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`lfeross examination
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`required of me, 1 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.
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`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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`1"urther 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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`3
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`Da‘CdL—~—m~m————
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`V
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`Kevin
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`Bermeister
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`Kevin Bcrmeijster