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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. &
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC.
`Petitioner,
`v .
`STRAIGHT PATH IP GROUP, INC.
`Patent Owner
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`INTER PARTES REVIEW OF U.S. PATENT NO. 6,108,704
`Case IPR No.: Unassigned
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`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 6,108,704 UNDER 35 U.S.C. §§ 311-319 AND
`37 C.F.R. §§ 42.1-80, 42.100 et seq.
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`DECLARATION OF ROBERT COWART
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`Page 1 of 8
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`LG Electronics Exhibit 1006
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`I, Robert Cowart, being of legal age, hereby declare, affirm, and state the following:
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`1.
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`I have been retained as a consultant by DLA Piper LLP (US) (“DLA”),
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`counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc.,
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`and Samsung Telecommunications America, LLC (“Petitioner”). I submit this
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`declaration in connection with Petitioner’s Petition for Inter Partes Review of
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`claims 1, 11, 12, 16, 22, 23, 27, 30, and 31 of U.S. Patent No. 6,108,704 (“the ’704
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`patent”). I am being compensated for my time at the rate of $350 per hour, plus
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`actual expenses. My compensation is not dependent in any way upon the outcome
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`of Petitioner’s Petition.
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`2.
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`I previously provided a declaration for a Petition for Inter Partes Review
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`of the ’704 patent filed by Sony Corporation. I have reviewed the declaration that I
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`previously made, and have confirmed the accuracy of the contents of my prior
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`declaration. I hereby incorporate the contents of my prior declaration.
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`3.
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`I have written more than forty-five books on computer programming and
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`applications, including more than a dozen on Microsoft operating systems. One such
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`book I authored, Windows NT 3.5: Unleashed, was published in January 1995 and
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`provides an overview of Microsoft Windows NT 3.5 Server software.
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`4.
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`In researching and writing Windows NT 3.5: Unleashed, I spent
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`months working with a beta version of the Windows NT 3.5 Server software.
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`Microsoft sent me the beta version of the Windows NT 3.5 Server software prior to
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`September 1994. I have retained the beta version of Windows NT 3.5 Server
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`software that Microsoft sent to me, and it is in my current possession.
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`5.
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`A beta version of software is a pre-release of the software that is
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`typically given out to a large group of individuals to use the software under real-
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`world conditions. As a beta tester, I received a beta version of the Windows NT 3.5
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`Server software prior to the official release of that software in September 1994. I
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`was one of thousands of beta testers for the Windows NT 3.5 Server software.
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`6.
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`Exhibits 1024 through 1026 are news articles that DLA has sent to me
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`and that I have reviewed. They confirm my recollection that Windows NT 3.5
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`Server was officially released in September 1994. Exhibit 1024 is an article
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`published in PC Week volume 11 issue 37, dated September 19, 1994, and titled
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`“NT pricing: low-cost OS, Back Office ‘gotchas.’” The article states that Microsoft
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`“will officially launch the NT Back Office product suite this week…. NT
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`Workstation will be available for a single-quantity list price of $395, while NT
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`Server 3.5 will be $700, sources close to the company said.”
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`7.
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`Exhibit 1025 is a New York Times’ article dated September 17, 1994
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`and titled “Company News; Microsoft to Introduce New Windows NT.” The article
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`states that the “Microsoft Corporation plans to renew its bid to become a big player
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`in the network computing software market on Monday [September 19th] by
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`introducing a new version of its Windows NT.” The article further mentions that
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`Microsoft “intends to price the Windows NT Server 3.5, bundled with Back Office,
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`for $2,199. It will sell the operating system alone for $699, plus $39.95 for each
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`personal computer that will be connected to the network. Previously, it charged a flat
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`$1,500 for an unlimited number of PC’s.”
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`8.
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`Exhibit 1026 is an article dated May 16, 1994, titled “Beta users
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`wowed by Dayton’s speed,” and published in Network World. The article states
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`that “Microsoft announced details about the [Windows NT 3.5] software in April
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`and shipped beta copies to 10,000 customers two weeks ago.” The article further
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`notes that first beta versions of “Daytona” were shipped in May 1994, a second
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`beta version of “Daytona” was expected to ship in June 1994, and another version
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`was to be made “generally available” in August 1994.
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`9.
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`These articles confirms my recollection that I received a beta version
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`of Windows NT Server 3.5 prior to the software’s official release in September
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`1994.
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`10. When Windows NT 3.5 was officially launched in September 1994, I
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`was under no obligation to maintain as confidential the beta software or the
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`documentation that Microsoft had provided with the beta software.
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`11.
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`I received a CD containing the beta version of Windows NT 3.5 Server
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`prior to September 1994, and I have maintained the CD in my possession since I
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`received it. Because it is a beta version of the software, I received it prior to the
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`release of the official version in September 1994. The CD contains a copyright date
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`of 1994.
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`12. The CD contains various files, and includes the following pathname,
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`as seen below in a screenshot that I took and sent to DLA:
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`“D:/SUPPORT/BOOKS.” The CD also contains a file called “TCPIP.HLP” within
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`the “BOOKS” folder. The “Date Modified” field for that file, as shown below,
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`indicates that it was last modified on August 18, 1994.
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`13. Clicking on the TCPIP.HLP file opens an electronic help file titled
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`“Microsoft Windows NT Server TCP/IP.” The table of contents for that help file,
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`is shown below in a screenshot that I took and sent to DLA:
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`14.
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`I sent the electronic TCPIP.HLP file from my CD to DLA. The law
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`firm's document processing department created an electronic version and printed
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`version of the TCPIP.HLP file (“Microsoft Manual”), which is included as Exhibit
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`1012 for the ’704 patent.
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`15.
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`In summary, I received a copy of the Microsoft Manual when I
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`received my beta copy of Windows NT 3.5 Server. Microsoft sent the beta copy of
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`Windows NT 3.5 Server to me, and I received the beta copy before its official
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`release in September 1994. When the software was officially released in September
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`1994, I was under no obligation to maintain as confidential the beta software or the
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`documentation that Microsoft had provided with the beta software.
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`16.
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`I went to the website of the United States Copyright Office at
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`www.copyright.gov. I then navigated to the “Search Records” page, and
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`performed a search for “Microsoft Windows NT Server.” In the search results, I
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`located a record titled “Microsoft Windows NT server : network operating system :
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`version 3.5” and selected it. The title of the entry was the same of the title for the
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`search result above, and the record reflected that the Windows NT 3.5 Server had a
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`“Date of Publication” of September 19, 1994 and a “Registration Date” of
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`November 16, 1994. I took a screenshot of the record, included as Exhibit 1027 to
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`the ’704 patent petition, as seen below, and annotated it to show the date of
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`publication . This copyright record confirms my recollection that the Windows
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`NT Server version 3.5 was released on September 19, 1994.
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`I understand and have been warned that willful false statements and the like are
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`punishable by fine or imprisonment, or both (18 U.S.C. § 1001). I declare that all
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`statements made herein are of my own knowledge, are true, and that all statements
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`made on information and belief are believed to be true, and further, that these
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`statements were made with the knowledge that willful false statements and the like
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`so made are punishable by fine or imprisonment, or both, under § 1001 of title 18
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`of the United States Code.
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` declare under penalty of perjury that the foregoing is true and correct.
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` I
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`Executed on August 20, 2014 in Berkeley, California.
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`______________________
`Robert Cowart
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