`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.
`
`Petitioner,
`
`V.
`
`VOIP—PAL.COM, INC,
`
`Patent Owner
`
`Case No. IPR2016-01198
`
`us. Patent 9,179,005
`
`DECLARATION IN SUPPORT PATENT OWNER
`
`RESPONSE TO INTER PARTES PETITION
`
`
`
`Voip-Pal EX. 2010
`
`IPR2016-01 198
`
`Voip-Pal Ex. 2010
`IPR2016-01198
`
`
`
`IPR2016-01 198
`
`Apple Inc. v. Voip-Pal
`
`I, Pentti Kalevi HUTTUNEN, declare as follows:
`
`1.
`
`I have personal knowledge of the matters and facts herein deposed,
`
`except where the information is stated to be based upon information and belief, in
`
`which case I verily believe the matters and facts to be true.
`
`2.
`
`I earned a Master of Science degree in computer science in 1999 and a
`
`Doctor of Science degree in computer science in 2002, both from the Lappeenranta
`
`University of Technology in Finland.
`
`3.
`
`I have about 17 years of experience in software engineering, including
`
`about 3 years and 8 months at Nokia in Canada from 2009 to 2013.
`
`4.
`
`From February 2006 to August 2009,
`
`I was an employee of
`
`DIGIFONICA CANADA INC.
`
`("Digifonica Canada"), which I have been
`
`informed and verily believe to be
`
`a former affiliate of DIGIFONICA
`
`(INTERNATIONAL) LIMITED.
`
`I
`
`joined Digifonica Canada as a Release
`
`Engineer in February 2006, and subsequently I progressed to Release Manager,
`
`Systems Architect, Manager of Research and Development, Director of Research
`
`and Development, and Chief Technology Officer at Digifonica Canada.
`
`5.
`
`I am an co-inventor on certain patents assigned to DIGIFONICA
`
`(INTERNATIONAL) LIMITED, which I have been informed and verily believe to
`
`be is currently a wholly owned subsidiary of VOIP-PAL.COM, INC.
`
`("VOIP—
`
`
`
`
`
`IPR2016-01198
`
`Apple Inc. V. Voip—Pal
`
`PAL"), for example, U.S. Patent Application No. 13/496,864, which issued as U.S.
`
`Patent No. 8,675,566.
`
`6.
`
`On or about December 12, 2016, Emil Malak of VOIP—PAL and Emil
`
`Bjorsell asked me to check for any storage devices that may document
`
`the
`
`development of the inventions of U.S. Patent Nos. 8,542,815 and 9,179,005.
`
`7.
`
`In response to Mr. Malak‘s and Mr. Bjorsell's requests, I searched my
`
`home in Vancouver, British Columbia, Canada and my office at my current place
`
`of employment in Burnaby, British Columbia, Canada, and on December 14, 2016,
`
`I found a portable hard drive (the "Hard Drive") in my office in Burnaby British
`
`Columbia, Canada. I acquired the Hard Drive from Digifonica.
`
`8.
`
`The Hard Drive is a Seagate FreeAgent Desktop hard drive having a
`
`part number 9NK2AG—500 and a serial number 6QFOQ6ZQ.
`
`9.
`
`On December 14, 2016, I accessed the Hard Drive and found a file
`
`named "svn.tar" (the "Archive") including about 6.78 gigabytes of data. A ".tar"
`
`file is an archive of any number of files into a single file.
`
`10.
`
`On December 14, 2016, I reviewed the Archive and recognized the
`
`Archive as an archive of Subversion repositories of source code fi'om my time as
`
`an employee of Digifonica Canada.
`
`
`
`
`
`IPR2016-01198
`
`Apple Inc. v. Voip-Pal
`
`11.
`
`Other than adding some personal files to the Hard Drive, I have not
`
`modified any contents of the Hard Drive, and in particular I have not modified the
`
`Archive since the Archive was created and stored on the Hard Drive.
`
`12. On December 15, 2016, I transferred possession of the Hard Drive to
`
`the firm of Smart & Biggar at 2300—1055 West Georgia Street, Vancouver, British
`
`Columbia, Canada.
`
`13.
`
`To my knowledge, the Hard Drive has been in storage at Digifonica
`
`facilities or in my possession since the Archive was created and stored on the Hard
`
`Drive, and to my knowledge, no other person has had access to the Hard Drive or
`
`any opportunity to modify any contents of the Hard Drive until I transferred
`
`possession of the Hard Drive to the firm of Smart & Biggar on December 15, 2016.
`
`14.
`
`I declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing is true and correct.
`
`
`
`
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