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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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`SONY CORPORATION
`Petitioner
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`v.
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`STRAIGHT PATH IP GROUP, INC.
`(FORMERLY KNOWN AS INNOVATIVE COMMUNICATIONS
`TECHNOLOGIES, INC.)
`Patent Owner
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`INTER PARTES REVIEW OF U.S. PATENT NO. 6,108,704
`Case IPR No.: To Be Assigned
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`DECLARATION OF ROBERT COWART
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`SONY EXHIBIT 1046- Page 1
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`I, Robert Cowart, declare under penalty of perjury that:
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`1.
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`I have been retained as a consultant by Wolf, Greenfield & Sacks,
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`P.C. (“Wolf Greenfield”), counsel for Petitioner Sony Corporation (“Sony”). I
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`submit this declaration in connection with Sony’s Petition for Inter Partes Review
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`of Claims 1, 11-12, 19, 22-23, and 30 of U.S. Patent No. 6,108,704 (“the ‘704
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`patent”). I am being compensated for my time at the rate of $240 per hour, plus
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`actual expenses. My compensation is not dependent in any way upon the outcome
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`of Sony’s Petition.
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`2.
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`I have written more than forty-five books on computer programming
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`and applications, including more than a dozen on Microsoft operating systems.
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`One such book, Windows NT 3.5: Unleashed, was published in January 1995 and
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`provides an overview of Microsoft’s Windows NT 3.5 Server software.
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`3.
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`In writing Windows NT 3.5: Unleashed, my fellow authors and I spent
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`months working with a beta version of the Windows NT 3.5 Server software.
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`Microsoft provided us with the beta version of the Windows NT 3.5 Server
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`software, and I have retained at least one CD of beta Windows NT 3.5 Server
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`software that Microsoft provided.
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`4.
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`A beta version of software is a pre-release of the software that is
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`typically given out to a large group of individuals to use the software under real-
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`world conditions. As a beta tester, I received a beta version of the Windows NT
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`- 1 -
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`SONY EXHIBIT 1046- Page 2
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`3.5 Server software prior to the official release of that software in September 1994.
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`I was one of thousands of beta testers for the Windows NT 3.5 Server software.
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`5.
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`Exhibits 1042-1045 are news articles that Wolf Greenfield provided to
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`me. They confirm my recollection that Windows NT 3.5 Server was officially
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`released in September 1994. Exhibit 1042 is a September 19, 1994 article
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`announcing that the Windows NT 3.5 software would be available “this month.”
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`Exhibit 1043 is an October 3, 1994 article describing the software and stating that
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`it is “currently shipping.” Exhibit 1044 is a September 17, 1994 New York Times
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`article announcing Microsoft’s release of the Windows NT 3.5 later that month.
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`6.
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`Exhibit 1045 is a May 16, 1994 article stating: “Microsoft announced
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`details about the software [Windows NT 3.5] in April and shipped beta copies to
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`10,000 customers two weeks ago.” The article further notes that beta copies of
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`Windows NT 3.5 (codenamed Daytona) first shipped in May 1994 and that a
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`second beta version was to be shipped in June 1994. This article confirms my
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`recollection that I received a beta version of Windows NT 3.5 prior to the
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`software’s official release in September 1994.
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`7. When Windows NT 3.5 was officially launched in September 1994, I
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`was under no obligation to maintain as confidential the beta software or the
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`documentation that Microsoft had provided with the beta software.
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`- 2 -
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`SONY EXHIBIT 1046- Page 3
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`8.
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`Below is a picture of my CD containing the beta version of Windows
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`NT 3.5 Server that I have maintained in my possession since Fall 1994. Because it
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`is a beta version of the software, I received it prior to the release of the official
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`version in September 1994.
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`9.
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`As shown below, the CD bears a 1994 copyright date:
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`- 3 -
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`SONY EXHIBIT 1046- Page 4
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`10. The CD contains a file called “TCPIP.HLP.” The document
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`properties for that file (shown below) indicate that it was last modified on August
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`18, 1994.
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`11. Clicking on the TCPIP.HLP file opens an electronic help file
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`concerning Microsoft TCP/IP for Windows NT 3.5 Server. The table of contents
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`for that help file is shown below:
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`- 4 -
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`SONY EXHIBIT 1046- Page 5
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`12.
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`I sent the electronic TCPIP.HLP file from my CD to Wolf Greenfield.
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`The law firm’s document processing department created a printed version of the
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`TCPIP.HLP file, which is Exhibit 1014 (“the Microsoft Manual”).
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`13.
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`In summary, I received from Microsoft a copy of the Microsoft
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`Manual when I received my beta copy of Windows NT 3.5 Server before its
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`official release in September 1994. When the software was officially released in
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`- 5 -
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`SONY EXHIBIT 1046- Page 6
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`September 1994, I was under no obligation to maintain as confidential the beta
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`software or the documentation that Microsoft had provided with the beta software.
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`14.
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`I understand and have been warned that willful false statements and
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`the like are punishable by fine or imprisonment, or both (18 U.S.C. § 1001). I
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`declare that all statements made herein of my own knowledge are true and that all
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`statements made on information and belief are believed to be true, and further, that
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`these statements were made with the knowledge that willful false statements and
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`the like so made are punishable by fine or imprisonment, or both, under § 1001 of
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`title 18 of the United States Code.
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`15.
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`I declare under penalty of perjury that the foregoing is true and
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`correct.
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`Executed on December 5, 2013 in Berkeley, California.
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`______________________________
`Robert Cowart
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`- 6 -
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`SONY EXHIBIT 1046- Page 7
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