`______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
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`APPLE, INC.,
`Petitioner,
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`v.
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`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`
`____________
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`Case: IPR2015-00373
`U.S. Patent No. 6,128,290
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`____________
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`NOTICE OF FILING OF STATUTORY DISCLAIMER
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`Case IPR2015-00373
`U.S. Patent No. 6,128,290
`Attorney Docket No: 2952.13
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`Pursuant to the directive of the Board provided in its email dated January 4,
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`
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`2016, Patent Owner hereby submits a Notice of Filing of Statutory Disclaimer.
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`Patent Owner hereby notifies the Board that on October 5, 2015, pursuant to 37
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`C.F.R. § 1.321(a), Patent Owner filed with the United States Patent and Trademark
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`Office a statutory disclaimer, which is submitted herewith in Appendix A, of claims
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`6 and 7 of the U.S. Patent No. 6,128,290.
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`Date: January 5, 2016
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`Respectfully submitted,
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`/andriy lytvyn/
`Andriy Lytvyn
`Lead Counsel for Patent Owner
`Registration No. 65,166
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`SMITH & HOPEN, P.A.
`180 Pine Avenue North
`Oldsmar, FL 34677
`(813) 925-8505
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`Page 2 of 3
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`APPENDIX A
`APPENDIX A
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`PTO/SB/43 (07-09)
`Approved for use through 07/31/2012. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
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`DISCLAIMER IN PATENT UNDER 37 CFR 1.321(a)
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`Docket Number (Optional)
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`2952.12
`Date Patent Issued
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`October 3, 2000
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`Doc Code:
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`Name of Patentee
`Philip P. Carvey
`Patent Number
`6,128,290
`Title of Invention
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`Personal Data Network
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` hereby disclaim the following complete claims in the above identified patent:
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`claims 6 and 7
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` I
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`The extent of my interest in said patent is (if assignee of record, state liber and page, or reel and frame, where
`assignment is recorded):
`DSS Technology Management, Inc. is the assignee of the entire right, title, and interest of
`said patent. Assignment recorded on September 5, 2013, reel/frame 031139/0584.
`The fee for this disclaimer is set forth in 37 CFR 1.20(d).
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`X
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`Patentee claims small entity status. See 37 CFR 1.27.
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`Small entity status has already been established in this case, and is still proper.
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`A check in the amount of the fee is enclosed.
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`Payment by credit card. Form PTO-2038 is attached.
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`The Director is hereby authorized to charge any fees which may be required or credit any
`overpayment to Deposit Account No. ________________ .
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`WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
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`October
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` 15
`20 .
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` 65,166
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`Registration Number, if
`applicable
`813-925-8505
`Telephone Number
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`day of
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`Oldsmar
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`Signed at ,
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`Florida
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`State of ,
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`this
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`5th
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`/andriy lytvyn/
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`Signature
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`Andriy Lytvyn, Attorney of Record
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`Typed or printed name of patentee/ attorney or agent of record
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`Smith & Hopen, P.A., 180 Pine Avenue North
`Address
` Oldsmar, Florida 34677
`City, State, Zip Code or Foreign Country as applicable
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`This collection of information is required by 37 CFR 1.321. The information is required to obtain or retain a benefit by the public which is to file (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to
`complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case.
`Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information
`Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
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`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
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`
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`Practitioner’s Docket No. 2952.12
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`PATENT
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Issue Date: 10/03/2000
`Filing Date: 10/14/1997
`Confirmation No.: 8865
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`Patent Owner: DSS Technology Management, Inc.
`Patent No.: 6,128,290
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`Serial Number: 08/949,999
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`Title: PERSONAL DATA NETWORK
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`
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`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`STATEMENT UNDER 37 CFR 3.73(c)
`DSS Technology Management, Inc., a Florida Corporation, states that, for the patent identified
`above, it is the assignee of the entire right, title, and interest.
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`The undersigned is authorized to act on behalf of assignee.
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`Date: October 5, 2015
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`USPTO Registration Number: 65,166
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`Signature: /andriy lytvyn/
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`Name: Andriy Lytvyn
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`International Application Number:
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`Title of Invention:
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`PERSONAL DATA NETWORK
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`First Named lnventorlApp|icant Name:
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`Receipt Date:
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`05-OCI'-2015
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`Payment information:
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`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
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`DeP°s“Acc°u"t
`A"th°"=edUse*
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`
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`Document
`Number
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`Document Description
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`File Size(Bytes)/
`Message Digest
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`Pages
`Multi
`Part l.zip (if appl.)
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`Power of Attorney
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`2952-1 2-efs-POA.pdf
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`5aOc8979f8b25037cefi‘fdfi93a9l l703fB32d
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`Assignee showing of ownership per 37
`CFR 3.73
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`2952—12—efs—Assignee—
`Statement.pdf
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`2952-12—efs—Disc|aimer—in—
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`Patent.pdf
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`30053Bb9bc7ebad89f4a748561e13461873
`ac9ac
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`Fee Worksheet (SB06)
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`fee-info.pdf
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`945afb1de27f1lBB7245124d5e6becf6c262
`80d0
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`Total Files Size (in bytes)
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`252095
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
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`New Applications Under 35 U.S.C. 1 1 1
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1 .53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1 .54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
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`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/EOl903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 1 1 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/1 05) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
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`
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`Electronic Patent Application Fee Transmittal
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`Application Number:
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`Filing Date:
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`08949999
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`14-Oct-1997
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`Title of Invention:
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`PERSONAL DATA NETWORK
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`First Named Inventor/Applicant Name:
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`PHILIP P. CARVEY
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`Filer:
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`Attorney Docket Number:
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`Filed as Large Entity
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`Filing Fees for Utility under 35 USC 111(a)
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`Anton John Hopen
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`SVIPGP055
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`Description
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`Fee Code
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`Quantity
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`Amount
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`Sub-Total in
`USD($)
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`Basic Filing:
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`Pages:
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`Claims:
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`Miscellaneous-Filing:
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`Petition:
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`Patent-Appeals-and-Interference:
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`Post-Allowance-and-Post-Issuance:
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`Statutory or Terminal Disclaimer
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`1814
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`1
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`160
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`160
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`Description
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`Fee Code
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`Quantity
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`Amount
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`Sub-Total in
`USD($)
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`Extension-of-Time:
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`Miscellaneous:
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`Total in USD ($)
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`160
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`
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`Case IPR2015-00373
`U.S. Patent No. 6,128,290
`Attorney Docket No: 2952.13
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, in accordance with 37 C.F.R. § 42.6(e),
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`the above Notice of Filing of Statutory Disclaimer was served via electronic mail on
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`January 5, 2016, in its entirety upon the following:
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`David K.S. Cornwell, Lead Counsel for Petitioner
`davidc-PTAB@skgf.com
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`Mark W. Rygiel, Back-Up Counsel for Petitioner
`mrygiel-PTAB@skgf.com
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`Date: January 5, 2016
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`/andriy lytvyn/
`Andriy Lytvyn
`Lead Counsel for Patent Owner
`Registration No. 65,166
`
`SMITH & HOPEN, P.A.
`180 Pine Avenue North
`Oldsmar, FL 34677
`(813) 925-8505