`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
` Hays et al.
`In re Patent of:
`U.S. Patent No.: 5,659,891
`Issue Date:
`Aug. 19, 1997
`Appl. Serial No.: 08/480,718
`Filing Date:
`Jun. 7, 1995
`Title:
`MULTICARRIER TECHNIQUES IN BANDLIMITED
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`CHANNELS
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`Attorney Docket No.: 01048-21IP891
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`DECLARATION OF DR. BEHNAAM AAZHANG
`1. My name is Dr. Behnaam Aazhang, of Houston, Texas. I understand
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`that I am submitting a declaration offering technical opinions in connection with the
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`above-referenced Inter Partes Review proceeding pending in the United States
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`Patent and Trademark Office for U.S. Patent No. 5,659,891 (“the ’891 patent”), and
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`prior art references relating to its subject matter. My current curriculum vitae is
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`attached and some highlights follow.
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`2.
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`I have over thirty (30) years of experience in electrical and computer
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`engineering in wireless communications with a focus on the interplay of
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`communication systems and networks, including network coding, user cooperation,
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`spectrum sharing, and opportunistic access. I attended the University of Illinois at
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`Urbana-Champaign from 1979 to 1986, where I earned a Bachelor of Science, a
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`Master of Science, and a Ph.D. in Electrical and Computer Engineering.
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`3.
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`In 1985 I joined the faculty of Electrical and Computer Engineering at
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`Rice University as an Assistant Professor. In 2001, I became the J. S. Abercrombie
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`TMO1009
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`Professor, at Rice University. At Rice, I have been teaching undergraduate courses
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`in communication theory and systems, and developed a hands-on education
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`laboratory for digital communications. I also teach graduate courses in the area of
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`communication engineering, including wireless communications, random
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`processes, detection and estimation theory, information and coding theory, spread
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`spectrum communication systems, and topics in multiple access communications.
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`In addition, I have received several NSF and NASA research grants, as well as
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`being awarded numerous contracts with Texas Instruments, IBM, the State of
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`Texas, National Instruments, the United States Air Force, and Nokia.
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`4.
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`In 1997, I founded the Center on Multimedia Communications at Rice
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`University, in Houston, Texas. From 1997 until 2005, I served as its Director
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`where I supervised core faculty, graduate students, staff members, and managed a
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`budget of more than $4 million in annual research expenditures.
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`5.
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`From 2004 to 2014, I served as the Chair of Electrical and Computer
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`Engineering at Rice University where I supervised faculty, staff members, and
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`graduate students, and managed a budget of more than $4.5 million annual for
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`operating costs and $12 million annual external research funding.
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`6.
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`From 2006 to 2013, I served as an Academy of Finland Distinguished
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`Visiting Professor (FiDiPro) at the University of Oulu, in the Center for Wireless
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`Communication in Oulu, Finland, where I taught short courses on Cooperative
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`Communications and on Understanding Wireless Networks.
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`7.
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`In 2014, I became the Director of the Center for Neuro-Engineering, a
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`multi-university research cluster within the Gulf Coast Consortium, which fosters
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`collaboration among researchers and clinicians from Rice University, Baylor
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`College of Medicine, The University of Texas Health Sciences, and The University
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`of Houston. The Center for Neuro-Engineering is focused on an emerging field
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`intersecting neuroscience and engineering.
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`8.
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`Over the course of my career, I have authored and co-authored some
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`three hundred (300) publications on various aspects of fixed and mobile
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`communications, as noted in my curriculum vitae. My papers have been cited by
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`other publications over 19,000 times and in 2003 I was recognized as a Thomson-
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`ISI Highly Cited Researcher. In 2004, I received the IEEE Communication
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`Society Stephen O. Rice Best Paper Award. I am a member of the Institute of
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`Electrical and Electronics Engineers (IEEE) and actively involved in the
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`Communications Society and the Information Theory Society of IEEE. I have
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`served as the secretary and the treasurer of IEEE Information Theory Society. I am
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`also a Fellow of IEEE and a fellow of American Association for the Advancement
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`of Science (AASS). I was a commission member of the Mayor’s Commission on
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`Cellular Towers from 1998 to 2004. I also served as a panelist for The National
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`Science Foundation.
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`9.
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`I have served as an editor for the IEEE and other publications. In
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`2007, I served as the editor of the KICS Journal of Communication and Network’s
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`Special Issue on Cooperative Communications. I also served as editor for the
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`IEEE Journal on Selected Areas in Communication’s Special Issue on Cooperation
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`and Relay in December 2006, and the IEEE Transactions on Communications from
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`1993 to 1998. I have organized technical sessions in technical conferences, which
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`included serving as the Publications Chair of the IEEE International Symposium
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`on Information Theory, held in San Antonio, Texas in January 1993; the General
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`Chair for the IEEE International Theory Symposium on Information Theory, held
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`in Austin, Texas in June 2010; the IEEE Communication Theory Workshop, held
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`in Dorado, Puerto Rico in May 2006, as well as the Third Annual Texas System
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`Day Symposium, held in Texas in November 1989.
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`10. From 1996 to 2009, I was granted 13 patents as inventor or co-
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`inventor.
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`11. From 1998 to the present, I have served as a consultant on a variety of
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`cases all over the United States, including several patent infringement cases.
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`These cases involved Samsung, MOSAID, Wi-LAN, Marvell, Qualcomm, LG
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`Inc., the City of Houston, Lockheed-Martin, WorldCom, Rockwell International,
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`Research and Development Laboratory, IBM Federal System Company, and
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`Startek International Corp. In addition, I have served as a consultant on
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`international litigation, including cases involving Nokia, in Finland, and ETRI, in
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`Korea.
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`12.
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`I have no financial interest in either party or in the outcome of this
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`proceeding. I am being compensated for my work as an expert on an hourly basis.
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`My compensation is not dependent on the outcome of these proceedings or the
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`content of my opinions.
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`I.
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`Scope of Assignment
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`13.
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`I have been asked to provide my findings as to whether certain subject
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`matter of the ’891 patent is disclosed in certain references, including: (1) Dr. Rade
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`Petrovic et al., Permutation Modulation for Advanced Radio Paging, IEEE
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`Proceedings of Southeastcon ‘93 (7 Apr. 1993) (“Petrovic”); (2) WIPO Publication
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`No. 1989/008355 to Raith, et al. “Raith”); (3) C. Alakija and S. P. Stapleton, A
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`Mobile Base Station Phased Array Antenna, 1992 IEEE International Conference
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`on Selected Topics in Wireless Communications at 118 (Jun. 1992) (“Alakija”);
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`and (4) Leonard J. Cimini, Analysis and Simulation of a Digital Mobile Channel
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`Using Orthogonal Frequency Division Multiplexing, 33 IEEE Transactions on
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`Communications 665 (Jul. 1985) (“Cimini”), from the perspective of a person of
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`ordinary skill in the art of the ’891 patent.
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`5
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`14.
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`I have reviewed and am familiar with the content of the ’891 patent.
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`Among the background materials I have reviewed, I considered the materials
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`referenced in this declaration, including the references listed above. I also
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`reviewed the Declaration of Dr. Apostolos Kakaes (“Dr. Kakaes’ Declaration”)
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`that I understand was submitted with another inter partes review action for the ’891
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`patent filed by Apple, and which I understand T-Mobile is submitting as an exhibit
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`to its petition along with my declaration. I have also reviewed portions of the
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`prosecution history of the ’891 patent and the claim construction orders from
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`Mobile Telecommunications Technologies, LLC v. Apple Inc., Civil Action No.
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`2:13-cv-258-JRG-RSP (E.D. Tex.) and Mobile Telecommunications Technologies,
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`LLC v. Clearwire Corp., Civil Action No. 2:12-cv-308-JRG-RSP (E.D. Tex.).
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`15. Counsel has informed me that I must review the ’891 patent and
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`relevant prior art materials through the lens of one of ordinary skill in the art on
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`June 7, 1995, the priority date of the ’891 patent. I believe that one of ordinary
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`skill in the art would have had attained at least a B.S. degree in electrical
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`engineering, computer engineering, or some equivalent, and at least two years of
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`experience in the design and configuration of cellular systems, wireless paging
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`systems, or other two-way wireless communications systems and be familiar with
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`the operation and functionality of multicarrier transmissions. I base this definition
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`both on my technical expertise and on my personal experience as a teacher,
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`6
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`advisor, and colleague of others who were within the art on the relevant date. I
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`also reviewed the definition of one ordinary skill in the art by Dr. Kakaes in Dr.
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`Kakaes’ Declaration. The knowledge of a person of ordinary skill in the art
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`according to my own definition is not materially different from the knowledge of a
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`person of ordinary skill in the art under Dr. Kakaes’ definition.
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`16. Counsel has advised me that, during inter partes review, claims of a
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`non-expired patent (like the ’891 patent) must be given the broadest reasonable
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`interpretation. Counsel has advised me that this means the claims should be
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`interpreted as broadly as their terms reasonably allow, but that such interpretation
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`should not be inconsistent with the patent’s specification and with usage of the
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`terms by one of ordinary skill in the art. Counsel has also informed me that this
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`may yield interpretations that are broader than, or different from, the
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`interpretations applied during co-pending District Court proceedings.
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`17. My findings, as explained below, are based on my study, experience,
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`and background in the fields discussed above, informed by my education in applied
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`mathematics and electrical engineering, and my experience in the design and
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`analysis of fixed and mobile communications systems.
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`7
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`II. Findings
`18. Having studied the above-referenced materials, I find that certain
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`subject matter of the ’891 patent is disclosed in certain references, from the
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`perspective of one of ordinary skill in the art of the ’891 patent.
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`19. As part of my analysis, I conducted a detailed review of Dr. Kakaes’
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`Declaration. Dr. Kakaes’ Declaration cites four of the same references that I
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`reviewed myself.
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`20.
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`I note that Dr. Kakaes’ Declaration performs essentially the same
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`analysis and comes to the same conclusions that I come to myself. Therefore
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`rather than preparing paragraphs of my own declaration that would contain
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`essentially the same analysis as in Dr. Kakaes’ Declaration, I hereby adopt certain
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`portions of the Dr. Kakaes’ Declaration as if they were my own, and incorporate
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`them by reference into my declaration; specifically, ¶¶ 15-51 of Dr. Kakaes’
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`Declaration, which include a brief overview of the ’891 patent and an analysis of
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`certain subject matter in the four references.
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`21.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by
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`8
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`fine or imprisonment, or both, under Section 1001 of Title 18 of the United
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`States Code.
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`Date: October 3, 2014
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`Behnaam Aazhang
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`9
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