`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MACRONIX INTERNATIONAL CO., LTD, MACRONIX ASIA .
`LIMITED, MACRONIX (HONG KONG) CO., LTD. and MACRONIX
`7 AMERICA, INC.
`Petitioners
`
`V.
`
`SPANSION LLC
`
`Patent Owner
`
`Case : IPR2014-00108
`
`DECLARATION OF ANDREW R. SOMMER
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`US. Patent and Trademark Office
`
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`Submitted Electronically via the Patent Review Processing System
`
`MacroniX
`
`EXHIBIT
`
`MX027— 1010
`
`|PR2014-00108
`Exhibit 1010 (MX027-1010) p. 1
`
`IPR2014-00108
`Exhibit 1010 (MX027-1010) p. 1
`
`
`
`1, Andrew R. Sommer, do hereby declare as follows:
`
`1.
`
`I am a partner at Winston & Strawn LLP. This Declaration was '
`
`prepared in support of the concurrently filed MOTION TO EXPUNGE AND
`
`REPLACE DECLARATION OF DHAVAL J. BRAHMBHATT (EXHIBIT
`
`1002), in connection with IPR2014—00108 (the “”108 IPR”).
`
`2.
`
`I supervised the drafting of the petition for the ’108 IPR and the
`
`associated Declaration of Dhaval J. Brahmbhatt (Exhibit 1002, MX124-1002, the
`
`“Original Brahmbhatt Declaration”) including the selection of prior art and
`
`supporting exhibits that was used in in the ”108 Petition.
`
`3. Michael Forbes, formerly an associate at Winston & Strawn, under
`
`my supervision drafted most of the sections of the ’108 Petition and also assisted
`
`with the preparation of the Original Brahmbhatt Declaration.
`
`4. During the week of November 4, 2013, the final editing and
`
`formatting for the ’ 108 Petition and the Original Brahmbhatt Declaration was
`
`being performed and reviewed.
`
`5. At some point during the final revisions to the Original Brahmbhatt
`
`Declaration, it appears that a blank, but numbered paragraph was deleted, which
`
`|PR2014-00108
`Exhibit 1010 (MX027-1010) p. 2
`
`IPR2014-00108
`Exhibit 1010 (MX027-1010) p. 2
`
`
`
`resulted in an automatic software renumbering of the paragraphs below the
`
`deletion.
`
`6.
`
`The ’108 Petition was inadvertently not updated to reflect the final
`
`numbering of the Original Brahmbhatt Declaration.
`
`I didn’t not recognize this
`
`error in my final review of the ”108 Petition before it was filed on November 8,
`
`2013, making this error inadvertent.
`
`I hereby declare that all statements made herein of my own knowledge are true and
`
`that all statements made on information and belief are believed to be true and
`
`further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`Respectfully submitted,
`
`Andrew R. Sommer
`
`6%
`
`Dated: February 18, 2014
`
`|PR2014-00108
`Exhibit 1010 (MX027-1010) p. 3
`
`IPR2014-00108
`Exhibit 1010 (MX027-1010) p. 3
`
`
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