`
`
`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`BAXTER INTERNATIONAL INC.
`Petitioner
`
`v.
`
`BECTON, DICKINSON AND COMPANY
`Patent Owner
`
`______________________
`
`CASE IPR: UNASSIGNED
`U.S. PATENT NO. 8,374,887
`______________________
`
`DECLARATION OF BENJAMIN E. WEED
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`001
`
`BAXTER INTERNATIONAL INC.
`EX. 1010
`
`
`
`
`
`I, Benjamin E. Weed, do hereby declare and say:
`
`1.
`
`I am an attorney with K&L Gates LLP, counsel for Petitioner Baxter
`
`International Inc. in this proceeding. I am over 18 years of age and I make
`
`this declaration based upon my own knowledge, personal experience, and
`
`belief. If called upon, I can competently testify to the facts stated in this
`
`declaration.
`
`2.
`
`3.
`
`I created Ex. 1015 as detailed in the following paragraphs.
`
`On March 12, 2015, I accessed the web page located at the following URL:
`
`https://web.archive.org/web/20031217202231/http:/www.ttuhsc.edu/telemed
`
`icine/publication.htm. When I accessed that web page, I saw what appeared
`
`to be the web page attached as Exhibit A to Ex. 1025, the declaration of
`
`Christopher Butler of the Internet Archive. (Ex. 1025, pp. 5-6).
`
`4.
`
`I then selected the link under the “Powerpoint Presentations” section of that
`
`web page (see Ex. 1025 at 5) associated with a 5.3mb file called
`
`“Telepharmacy at Texas Tech” whose caption reads “As presented at the
`
`American Telemedicine Association Conference Orlando, Fl. April 30,
`
`2003”. Selecting that link caused a Microsoft® PowerPoint® file with the
`
`extension “.ppt” to be downloaded to my computer. That file was titled
`
`“Telepharmacy presentation 42503.ppt.”
`
`5.
`
`Next, I opened the downloaded file in Microsoft® PowerPoint® 2010. I
`
`
`
`002
`
`
`
`selected the "File" menu and then the "Info" sub-menu item. I used the
`
`"Print Screen" functionality to capture a screen shot of the displayed
`
`information. I created a PDF of that information using the print
`
`functionality of Microsoft® Paint, with "Acrobat PDF" as the printer. That
`
`PDF is page i of Ex. 1015.
`
`6.
`
`I then selected the "Print" sub-menu item of the Microsoft® PowerPoint®
`
`File menu. I selected "Acrobat PDF" as the printer, and created a PDF of
`
`the "Telepharmacy presentation 42503.ppt." I added the pages of that PDF
`
`to the previously created PDF page i described in paragraph 5 above. These
`
`additionally added pages are pages 1 to 26 of Ex. 1015.
`
`7.
`
`The "Last Modified" date of the "Info" sub-menu of "Telepharmacy
`
`presentation 42503.ppt" indicates that the file was last modified on April 25,
`
`2003. This can be seen on page i of Ex. 1015.
`
`8.
`
`I declare under penalty of perjury of the law of the United States that the
`
`foregoing is true and correct.
`
`Date (cid:9)
`
`Benjamin E. Weed
`
`003
`
`