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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NEOCHORD, INC.
`Petitioner
`
`v.
`
`UNIVERSITY OF MARYLAND, BALTIMORE
`Patent Owner
`
`Case No. IPR20 16-00208
`Patent No. 7,635,386
`
`AFFIDAVIT OF SUSAN GILLETTE IN SUPPORT OF
`PATENT OWNER'S MOTION TO DISMISS
`
`University of Maryland, Baltimore
`IPR2016-00208
`
`Exhibit 2013
`Page 1 of 3
`
`

`

`I, Susan Gillette, declare as follows:
`
`1.
`
`I am Vice President and General Counsel of the University of Maryland,
`
`Baltimore.
`
`I provide this declaration upon personal knowledge and, if called upon as a witness,
`
`would testify competently as to the matters recited herein.
`
`2.
`
`The University of Maryland, Baltimore ("UMB") is a campus of the University of
`
`Maryland, which is a constituent institution of the University System of Maryland ("USM").
`
`USM is an instrumentality of the State of Maryland and is governed by a Board of Regents as
`
`provided in Maryland law.
`
`3.
`
`UMB's authorities are granted by Maryland law and by delegation of the
`
`authorities granted to USM and to its Board of Regents under Maryland law.
`
`4.
`
`UMB is subject to the Maryland laws and regulations applicable to USM as a
`
`whole.
`
`5.
`
`Many significant actions of UMB and USM require prior approval of the USM
`
`Board of Regents and/or the Maryland Board of Public Works, which consists of the Governor,
`
`Treasurer, and Comptroller of the State of Maryland. USM, including UMB, is subject to audit
`
`by the Legislative Auditor of the State of Maryland.
`
`6.
`
`Revenues of UMB are state property and are deposited in the State Treasury or in
`
`other accounts as directed by the State Treasurer, as required by Maryland law. This legal
`
`requirement applies to revenue derived from licensed patents owned by UMB.
`
`1
`
`University of Maryland, Baltimore
`IPR2016-00208
`
`Exhibit 2013
`Page 2 of 3
`
`

`

`7.
`
`Unexpended balances held by UMB at fiscal year-end may be expended as
`
`provided in a State appropriation or budget amendment.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on February 21, 2017.
`
`-Susan Gillette
`
`2
`
`University of Maryland, Baltimore
`IPR2016-00208
`
`Exhibit 2013
`Page 3 of 3
`
`

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