`
`In the Inter Partes Review of:
`
`Trial Number: To Be Assigned
`
`
`
`U.S. Patent No. 5,839,108
`
`Filed: June 30, 1997
`
`Issued: November 17, 1998
`
`Inventor(s): Norbert P. Daberko,
`Richard K. Davis
`
`Assignee: e.Digital Corporation
`
`
`
`
`
`
`
`
`
`
`
`Title: Flash Memory File System In a
`Handheld Record and Playback Device
`
`Panel: To Be Assigned
`
`Mail Stop Inter Partes Review
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`DECLARATION OF MATTHEW A. FERRY
`
`Micron-1003
`Page 1 of 4
`
`
`
`I, Matthew A. Ferry, do hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of Jones Day, 12265 El Camino Real,
`
`Suite 200, San Diego, CA 92130, and serve as counsel for Micron Technology,
`
`Inc.; and Micron Consumer Products Group, Inc. I submit this declaration in
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`support of the above captioned Petition for Inter Partes Review Under 37 C.F.R.
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`§ 42.100 of U.S. Patent No. 5,839,108 (“Petition”). I am over twenty-one years of
`
`age and not under any legal disability. I have personal knowledge of the following
`
`facts and, if called as a witness, could and would testify competently thereto.
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`2.
`
`Attached hereto as Exhibit 1004 is a true and correct copy of U.S.
`
`Patent No. 5,839,108 to Daberko, et al.
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`3.
`
`Attached hereto as Exhibit 1005 is a true and correct copy of U.S.
`
`Patent No. 6,272,610 to Katayama, et al.
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`4.
`
`Attached hereto as Exhibit 1006 is a true and correct copy of U.S.
`
`Patent No. 5,696,917 to Mills, et al.
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`5.
`
`Attached hereto as Exhibit 1007 is a true and correct copy of
`
`European Patent Application Publication No. 0 557 736 A2 to Krueger, et al.
`
`6.
`
`Attached hereto as Exhibit 1008 is a true and correct copy of U.S.
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`Patent No. 5,787,445 to Daberko.
`
`Micron-1003
`Page 2 of 4
`
`
`
`7.
`
`Attached hereto as Exhibit 1009 is a true and correct copy of an
`
`excerpt from the file history of U.S. Patent No. 5,787,445: November 3, 1997
`
`Amendment.
`
`8.
`
`Attached here as Exhibit 1010 is a true and correct copy of an excerpt
`
`from Microsoft Press Computer Dictionary (2nd ed.): EEPROM, flash memory,
`
`linked list, main memory, microprocessor, primary storage, pointer, RAM.
`
`9.
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`Attached hereto as Exhibit 1011 is a true and correct copy of an
`
`excerpt from Dictionary of Computing (4th ed.): link, linked list, main memory,
`
`primary memory.
`
`10. Attached hereto as Exhibit 1012 is a true and correct copy of an
`
`excerpt from Random House Personal Computer Dictionary (2nd ed.): file system.
`
`11. Attached hereto as Exhibit 1013 is a true and correct copy of an
`
`excerpt from the file history of U.S. Patent No. 5,787,445: July 1, 1997 Office
`
`Action.
`
`12. Attached hereto as Exhibit 1014 is a true and correct copy of an
`
`excerpt from the file history of U.S. Patent No. 5,787,445: January 5, 1998 Notice
`
`of Allowability.
`
`13. Attached hereto as Exhibit 1015 is a true and correct copy of USPTO
`
`Assignment Information for U.S. Patent No. 5,839,108.
`
`Micron-1003
`Page 3 of 4
`
`
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`14. Attached hereto as Exhibit 1016 is a true and correct copy of the
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`district court’s claim construction order for the consolidated cases e.Digital Corp.
`
`v. New Dane, d/b/a Dane-Elec, No. 3:13-cv-2897-H-BGS (S.D. Cal.); e.Digital
`
`Corp. v. Eye-Fi, Inc., No. 13-cv-2899-H-BGS (S.D. Cal.); e.Digital Corp. v.
`
`Mushkin, Inc., No. 3:13-cv-02914-H-BGS (S.D. Cal.); e.Digital Corp. v. Other
`
`World Computing, Inc., No. 3:13-cv-02915-H-BGS (S.D. Cal.); and e.Digital v.
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`Seagate Technology, LLC, No. 3:13-cv-02946-H-BGS (S.D. Cal.).
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`I declare under penalty of perjury of the laws of the United States of
`
`America that the foregoing is true and correct.
`
`Date: December 29, 2014
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`
`
`
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`Respectfully submitted,
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`
`
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`/s/ Matthew A. Ferry
`Matthew A. Ferry
`
`
`Micron-1003
`Page 4 of 4
`
`
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