IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`For: WIRELESS INTELLIGENT PERSONAL SERVER
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`
`
`
`DECLARATION OF ROGELIO L. JOSE IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 7,149,511
`
`
`
`-1-
`
`Attorney Docket No.:
`110797-0020-651
`Customer No.: 28120
`
`Petitioners: SAMSUNG
`ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS
`AMERICA, INC., and APPLE
`INC.
`
`§§§§§§§§§
`
`
`United States Patent No.: 7,149,511
`Inventors: Edward F. Bachner III,
`John Major, Xin Du
`Formerly Application No.: 09/652,734
`Issue Date: December 12, 2006
`Filing Date: August 31, 2000
`Former Group Art Unit: 2617
`Former Examiner: Keith Ferguson
`
`Samsung Exhibit 1009 Page 00001
`
`
`
`
`For: WIRELESS INTELLIGENT PERSONAL SERVER
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`
`
`
`DECLARATION OF ROGELIO L. JOSE IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 7,149,511
`
`
`
`-1-
`
`Attorney Docket No.:
`110797-0020-651
`Customer No.: 28120
`
`Petitioners: SAMSUNG
`ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS
`AMERICA, INC., and APPLE
`INC.
`
`§§§§§§§§§
`
`
`United States Patent No.: 7,149,511
`Inventors: Edward F. Bachner III,
`John Major, Xin Du
`Formerly Application No.: 09/652,734
`Issue Date: December 12, 2006
`Filing Date: August 31, 2000
`Former Group Art Unit: 2617
`Former Examiner: Keith Ferguson
`
`Samsung Exhibit 1009 Page 00001
`
`
`
`I, Rogelio L. Jose, make the following Declaration pursuant to 28 U.S.C
`
`§ 1746:
`
`1.
`
`I am a Senior Litigation Paralegal at the law firm of Ropes & Gray
`
`LLP.
`
`2.
`
`I provide this Declaration in connection with the above-identified
`
`Inter Partes Review proceeding requested at the United States Patent and
`
`Trademark Office by Samsung Electronics Co. Ltd., Samsung Electronics
`
`America, Inc., and Apple Inc. under 35 U.S.C. §§ 311-319, 37 C.F.R. § 42. Unless
`
`otherwise stated, the facts stated in this Declaration are based on my personal
`
`knowledge.
`
`3.
`
`Exhibit 1001 hereto is a true and correct copy of U.S. Patent No.
`
`7,149,511 to Edward F. Bachner, III, John Major, and Xin Du which I downloaded
`
`on February 2, 2016 from the United States Patent and Trademark Office
`
`(“USPTO”) Patent Application Information Retrieval (“PAIR”) website and which
`
`is a record of the USPTO to which all parties have access. An exhibit label on the
`
`first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`4.
`
`Exhibit 1002 hereto is a true and correct copy of the file history for
`
`U.S. Patent No. 7,149,511, which I downloaded on February 2, 2016 from the
`
`United States Patent and Trademark Office (“USPTO”) Patent Application
`
`
`
`
`-2-
`
`Page 00002
`
`
`
`Information Retrieval (“PAIR”) website and which is a record of the USPTO to
`
`which all parties have access. An exhibit label on the first page and page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`5.
`
`Pages 00001-00186 of Exhibit 1003 hereto is a true and correct copy
`
`of the file history for the Ex Parte Reexamination of U.S. Patent No. 7,149,511
`
`(No. 90/011,569), which I downloaded on February 2, 2016 from the United States
`
`Patent and Trademark Office (“USPTO”) Patent Application Information Retrieval
`
`(“PAIR”) website and which is a record of the USPTO to which all parties have
`
`access. An exhibit label on the first page and page numbers on all pages have been
`
`added to the bottom of this document but no other alterations have been made.
`
`6.
`
`Exhibit 1005 hereto is a true and correct copy of U.S. Patent No.
`
`6,012,063 to Eric O. Bodnar, which I downloaded on February 11, 2016 from the
`
`United States Patent and Trademark Office (“USPTO”) Patent Application
`
`Information Retrieval (“PAIR”) website and which is a record of the USPTO to
`
`which all parties have access. An exhibit label on the first page and page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`7.
`
`I have confirmed that, as of February 12, 2016 (date last visited), the
`
`“HP Jornada 820/820e Handheld PC User’s Guide” attached at Exhibit A within
`
`
`
`
`-3-
`
`Page 00003
`
`
`
`Exhibit
`
`1006
`
`is
`
`available
`
`for
`
`download
`
`at
`
`http://h10032.www1.hp.com/ctg/Manual/bpia2128.pdf
`
`from Hewlett Packard
`
`(bearing the same notations in the outer margins, which I understand are printer
`
`marks providing information for the printer, such as crop marks (defining where
`
`the page should be trimmed) and page information (filename, page number, current
`
`date
`
`and
`
`time
`
`(i.e.,
`
`when
`
`printed),
`
`see,
`
`e.g.,
`
`https://helpx.adobe.com/indesign/using/printers-marks-bleeds.html).
`
`8.
`
`Exhibit 1016 hereto is a true and correct copy of U.S. Patent No.
`
`6,446,137 to Rangaswamy Vasudevan and Caveh Jalali, which I downloaded on
`
`February 2, 2016 from the United States Patent and Trademark Office (“USPTO”)
`
`Patent Application Information Retrieval (“PAIR”) website and which is a record
`
`of the USPTO to which all parties have access. An exhibit label on the first page
`
`and page numbers on all pages have been added to the bottom of this document but
`
`no other alterations have been made.
`
`9.
`
`Exhibit 1017 hereto is a true and correct copy of U.S. Patent No.
`
`5,805,804 to Andrew Laursen, Jeffrey C. Olkin, Mark A. Porter, Farzad Nazem,
`
`William Bailey, and Mark Moore, which I downloaded on February 2, 2016 from
`
`the United States Patent and Trademark Office (“USPTO”) Patent Application
`
`Information Retrieval (“PAIR”) website and which is a record of the USPTO to
`
`which all parties have access. An exhibit label on the first page and page numbers
`
`
`
`
`-4-
`
`Page 00004
`
`
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`10. Exhibit 1018 hereto is a true and correct copy of U.S. Patent No.
`
`6,052,735 to Bryce Ulrich, Anthony Discolo, and Salim Alam, which I
`
`downloaded on February 2, 2016 from the United States Patent and Trademark
`
`Office (“USPTO”) Patent Application Information Retrieval (“PAIR”) website and
`
`which is a record of the USPTO to which all parties have access. An exhibit label
`
`on the first page and page numbers on all pages have been added to the bottom of
`
`this document but no other alterations have been made.
`
`11. Exhibit 1019 hereto is a true and correct copy of U.S. Patent No.
`
`5,790,551 to David Chi-Yin Chan, which I downloaded on February 2, 2016 from
`
`the United States Patent and Trademark Office (“USPTO”) Patent Application
`
`Information Retrieval (“PAIR”) website and which is a record of the USPTO to
`
`which all parties have access. An exhibit label on the first page and page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`12. Exhibit 1020 hereto is a true and correct copy of U.S. Patent
`
`Publication No. 2001/0029178 to Mark A. Criss and Paul A. Cowan, which I
`
`downloaded on February 2, 2016 from the United States Patent and Trademark
`
`Office (“USPTO”) Patent Application Information Retrieval (“PAIR”) website and
`
`
`
`
`-5-
`
`Page 00005
`
`
`
`which is a record of the USPTO to which all parties have access. An exhibit label
`
`on the first page and page numbers on all pages have been added to the bottom of
`
`this document but no other alterations have been made.
`
`13. Exhibit 1021 hereto is a true and correct copy of U.S. Patent No.
`
`6,311,058 to Dave Wecker, Vinay Deo, John Mark Miller, David Tuniman, and
`
`Michael J. O’Leary, which I downloaded on February 2, 2016 from the United
`
`States Patent and Trademark Office (“USPTO”) Patent Application Information
`
`Retrieval (“PAIR”) website and which is a record of the USPTO to which all
`
`parties have access. An exhibit label on the first page and page numbers on all
`
`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`14. Exhibit 1022 hereto is a true and correct copy of U.S. Patent No.
`
`5,625,673 to Anthony J. Grewe, Michael Kerwin, Carl S. Ledbetter, Jr., and B.
`
`Waring Partridge, III, which I downloaded on February 2, 2016 from the United
`
`States Patent and Trademark Office (“USPTO”) Patent Application Information
`
`Retrieval (“PAIR”) website and which is a record of the USPTO to which all
`
`parties have access. An exhibit label on the first page and page numbers on all
`
`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`
`
`
`-6-
`
`Page 00006
`
`
`
`15. Exhibit 1023 hereto is a true and correct copy of U.S. Patent No.
`
`6,434,403 to Michiel R. Ausems, Jan B. Ausems, Felix N. Akveld, and Lee Ann
`
`Barrett, which I downloaded on February 2, 2016 from the United States Patent
`
`and Trademark Office (“USPTO”) Patent Application Information Retrieval
`
`(“PAIR”) website and which is a record of the USPTO to which all parties have
`
`access. An exhibit label on the first page and page numbers on all pages have been
`
`added to the bottom of this document but no other alterations have been made.
`
`16. Exhibit 1024 hereto is a true and correct copy of U.S. Patent
`
`Application No. 2004/0204041 to Lisa Fillebrown, Russell D. Kautz, and Kenneth
`
`M. Glover, which was retrieved from the United States Patent and Trademark
`
`Office (“USPTO”) at my direction and which is a record of the USPTO to which
`
`all parties have access. An exhibit label on the first page and page numbers on all
`
`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`17. Exhibit 1025 hereto is a true and correct copy of U.S. Patent No.
`
`6,236,938 to David Atkinson, Steve Loper, Leonard Dattilo, and Matthew Drew
`
`which I downloaded on February 2, 2016 from the United States Patent and
`
`Trademark Office (“USPTO”) Patent Application Information Retrieval (“PAIR”)
`
`website and which is a record of the USPTO to which all parties have access. An
`
`
`
`
`-7-
`
`Page 00007
`
`
`
`exhibit label on the first page and page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`18. Exhibit 1027 hereto is a true and correct copy of U.S. Patent No.
`
`5,297,192 to Irwin Gerszberg, which I downloaded on February 4, 2016 from the
`
`United States Patent and Trademark Office (“USPTO”) Patent Application
`
`Information Retrieval (“PAIR”) website and which is a record of the USPTO to
`
`which all parties have access. An exhibit label on the first page and page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`19. Exhibit 1033 hereto is a true and correct copy of U.S. Patent No.
`
`5,978,805 to Dwayne A. Carson, which I downloaded on February 8, 2016 from
`
`the United States Patent and Trademark Office (“USPTO”) Patent Application
`
`Information Retrieval (“PAIR”) website and which is a record of the USPTO to
`
`which all parties have access. An exhibit label on the first page and page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`20. Exhibit 1034 hereto is a true and correct copy of U.S. Patent No.
`
`5,845,293 to William Lewis Veghte, Andrew Lawrence Silverman, Shannon Scott
`
`Hysom, and David R. Dickman, which I downloaded on February 8, 2016 from the
`
`United States Patent and Trademark Office (“USPTO”) Patent Application
`
`
`
`
`-8-
`
`Page 00008
`
`
`
`Information Retrieval (“PAIR”) website and which is a record of the USPTO to
`
`which all parties have access. An exhibit label on the first page and page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`21. Exhibit 1035 hereto is a true and correct copy of U.S. Patent No.
`
`5,864,853 to Tetsuro Kumura and Toshio Okamoto, which I downloaded on
`
`February 8, 2016 from the United States Patent and Trademark Office (“USPTO”)
`
`Patent Application Information Retrieval (“PAIR”) website and which is a record
`
`of the USPTO to which all parties have access. An exhibit label on the first page
`
`and page numbers on all pages have been added to the bottom of this document but
`
`no other alterations have been made.
`
`22. Exhibit 1036 hereto is a true and correct copy of U.S. Patent No.
`
`5,797,089 to Nam D. Nguyen, which I downloaded on February 8, 2016 from the
`
`United States Patent and Trademark Office (“USPTO”) Patent Application
`
`Information Retrieval (“PAIR”) website and which is a record of the USPTO to
`
`which all parties have access. An exhibit label on the first page and page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`23. Exhibit 1037 hereto is a true and correct copy of U.S. Patent No.
`
`6,512,919 to Nobuo Ogasawara, which I downloaded on February 10, 2016 from
`
`
`
`
`-9-
`
`Page 00009
`
`
`
`the United States Patent and Trademark Office (“USPTO”) Patent Application
`
`Information Retrieval (“PAIR”) website and which is a record of the USPTO to
`
`which all parties have access. An exhibit label on the first page and page numbers
`
`on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`24. Exhibit 1038 hereto is a true and correct copy of U.S. Patent No.
`
`6,108,727 to Daniel A. Boals and James Y. Wilson, which I downloaded on
`
`February 10, 2016 from the United States Patent and Trademark Office
`
`(“USPTO”) Patent Application Information Retrieval (“PAIR”) website and which
`
`is a record of the USPTO to which all parties have access. An exhibit label on the
`
`first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`25.
`
`I have been warned that willful false statements and the like are
`
`punishable by fine or imprisonment, or both. I make this declaration of my own
`
`personal knowledge, and all statements are true. If called to testify as to the truth
`
`of the matters stated herein, I could and would testify competently.
`
`26.
`
`I declare under penalty of perjury that the foregoing is true and
`
`-10-
`
`correct.
`
`
`
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`
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`Page 00010
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`
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`Executed on this 12th day of February, 2016 at San Francisco, CA.
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`-11-
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`Page 00011
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