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UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`
`____________
`
`Case: IPR2015-00373
`U.S. Patent No. 6,128,290
`
`____________
`
`
`
`NOTICE OF FILING OF STATUTORY DISCLAIMER
`
`
`
`
`
`
`
`
`
`
`
`

`
`
`
`
`
`
`
`
`
`Case IPR2015-00373
`U.S. Patent No. 6,128,290
`Attorney Docket No: 2952.13
`
`Pursuant to the directive of the Board provided in its email dated January 4,
`
`
`
`
`
`2016, Patent Owner hereby submits a Notice of Filing of Statutory Disclaimer.
`
`Patent Owner hereby notifies the Board that on October 5, 2015, pursuant to 37
`
`C.F.R. § 1.321(a), Patent Owner filed with the United States Patent and Trademark
`
`Office a statutory disclaimer, which is submitted herewith in Appendix A, of claims
`
`6 and 7 of the U.S. Patent No. 6,128,290.
`
`
`
`Date: January 5, 2016
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/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
`
`Page 2 of 3
`
`
`

`
`APPENDIX A
`APPENDIX A
`
`
`
`

`
`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.
`
`DISCLAIMER IN PATENT UNDER 37 CFR 1.321(a)
`
`
`
`
`
`
`
`
`
`
`
`
`Docket Number (Optional)
`
`2952.12
`Date Patent Issued
`
`October 3, 2000
`
`Doc Code:
`
`Name of Patentee
`Philip P. Carvey
`Patent Number
`6,128,290
`Title of Invention
`
`
`Personal Data Network
`
` hereby disclaim the following complete claims in the above identified patent:
`
`claims 6 and 7
`
` I
`
`
`
`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).
`
`
`
`
`
`X
`
`
`
`
`
`
`
`
`
`
`
`Patentee claims small entity status. See 37 CFR 1.27.
`
`Small entity status has already been established in this case, and is still proper.
`
`A check in the amount of the fee is enclosed.
`
`Payment by credit card. Form PTO-2038 is attached.
`
`The Director is hereby authorized to charge any fees which may be required or credit any
`overpayment to Deposit Account No. ________________ .
`
`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.
`
`
`
`
`October
`
`
` 15
`20 .
`
` 65,166
`
`Registration Number, if
`applicable
`813-925-8505
`Telephone Number
`
`
`
`
`
`
`
`
`
`day of
`
`
`
`
`
`Oldsmar
`
`Signed at ,
`
`
`
`
`Florida
`
`State of ,
`
`
`
`
`this
`
`5th
`
`/andriy lytvyn/
`
`
`
`
`Signature
`
`
`
`
`
`
`
`
`
`Andriy Lytvyn, Attorney of Record
`
`
`
`Typed or printed name of patentee/ attorney or agent of record
`
`
`
`
`
`
`
`
`
`Smith & Hopen, P.A., 180 Pine Avenue North
`Address
` Oldsmar, Florida 34677
`City, State, Zip Code or Foreign Country as applicable
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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.
`
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`

`
`Practitioner’s Docket No. 2952.12
`
`PATENT
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Issue Date: 10/03/2000
`Filing Date: 10/14/1997
`Confirmation No.: 8865
`
`
`
`
`
`Patent Owner: DSS Technology Management, Inc.
`Patent No.: 6,128,290
`
`
`
`Serial Number: 08/949,999
`
`
`
`Title: PERSONAL DATA NETWORK
`
`
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`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.
`
`
`
`
`
`
`
`
`
`
`
`
`The undersigned is authorized to act on behalf of assignee.
`
`Date: October 5, 2015
`
`USPTO Registration Number: 65,166
`
`
`
`
`
`
`Signature: /andriy lytvyn/
`
`Name: Andriy Lytvyn
`
`
`
`
`
`
`
`
`

`
`International Application Number:
`
`Title of Invention:
`
`PERSONAL DATA NETWORK
`
`First Named lnventorlApp|icant Name:
`
`Receipt Date:
`
`05-OCI'-2015
`
`Payment information:
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`DeP°s“Acc°u"t
`A"th°"=edUse*
`
`

`
`Document
`Number
`
`Document Description
`
`File Size(Bytes)/
`Message Digest
`
`Pages
`Multi
`Part l.zip (if appl.)
`
`Power of Attorney
`
`2952-1 2-efs-POA.pdf
`
`5aOc8979f8b25037cefi‘fdfi93a9l l703fB32d
`
`Assignee showing of ownership per 37
`CFR 3.73
`
`2952—12—efs—Assignee—
`Statement.pdf
`
`2952-12—efs—Disc|aimer—in—
`
`Patent.pdf
`
`30053Bb9bc7ebad89f4a748561e13461873
`ac9ac
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`945afb1de27f1lBB7245124d5e6becf6c262
`80d0
`
`Total Files Size (in bytes)
`
`252095
`
`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.
`
`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.
`
`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.
`
`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.
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`08949999
`
`14-Oct-1997
`
`Title of Invention:
`
`PERSONAL DATA NETWORK
`
`First Named Inventor/Applicant Name:
`
`PHILIP P. CARVEY
`
`Filer:
`
`Attorney Docket Number:
`
`Filed as Large Entity
`
`
`
`
`
`Filing Fees for Utility under 35 USC 111(a)
`
`Anton John Hopen
`
`SVIPGP055
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Statutory or Terminal Disclaimer
`
`1814
`
`1
`
`160
`
`160
`
`

`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Extension-of-Time:
`
`Miscellaneous:
`
`Total in USD ($)
`
`160
`
`

`
`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),
`
`the above Notice of Filing of Statutory Disclaimer was served via electronic mail on
`
`January 5, 2016, in its entirety upon the following:
`
`David K.S. Cornwell, Lead Counsel for Petitioner
`davidc-PTAB@skgf.com
`
`Mark W. Rygiel, Back-Up Counsel for Petitioner
`mrygiel-PTAB@skgf.com
`
`Date: January 5, 2016
`
`/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

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