`IPR2016-0 1407
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SONY CORPORATION, SONY MOBILE COMMUNICATIONS (USA) INC.,
`SONY MOBILE COMMUNICATIONS AB & SONY MOBILE
`COMMUNICATIONS INC.
`Petitioners
`
`v.
`
`CREATIVE TECHNOLOGY LIMITED
`Patent Owner
`
`U.S. Patent No. 6,928,433
`
`Case No. IPR2016-01407
`
`DECLARATION OF TAN SHAO MIENG
`
`1
`
`
`
`Patent No. 6,928,433
`IPR20 16-01407
`
`I, Tan Shao Mieng, hereby declare as follows based on my own personal
`
`knowledge:
`
`1.
`
`I am an employee of Creative Technology Ltd (hereinafter referred to
`
`as "Creative") and have been employed by Creative since 1995. My current job
`
`title is Corporate Controller, Corporate Finance, and I have held this position since
`
`2000. In this role, I have become familiar with Creative's procedures for creating
`
`and maintaining corporate announcements. Among other responsibilities, I am one
`
`of the custodians of the Corporate Announcement Archive maintained by Creative.
`
`2.
`
`The Corporate Announcement Archive contains a copy of the
`
`corporate announcements issued by Creative. The records in the Corporate
`
`Announcement Archive are kept by Creative in the ordinary course of its regularly
`
`conducted business and have been so kept since as least as early as 2005.
`
`3.
`
`Exhibit 2016 is a tme and correct copy of a corporate announcement
`
`entitled "Apple & Creative Announce Broad Settlement Ending Legal Disputes
`
`Between the Companies" (hereinafter referred to as the "Apple Announcement")
`
`from Creative's Corporate Announcement Archive.
`
`4.
`
`Creative is and has been a publicly listed company on the Singapore
`
`Exchange since 1994. In line with its obligations as a publicly listed company,
`
`since at least 2005, Creative is and has been required to provide material
`
`information on financial and/or corporate matters to the public through
`
`2
`
`2
`
`
`
`Patent No. 6,928,433
`IPR20 16-01407
`
`announcements posted on SGXNET. SGXNET is an internet-portal hosted by the
`
`Singapore Exchange which allows publicly listed companies to submit their
`
`corporate announcements from anywhere in the world. I am one of the key
`
`personnel at Creative authorized to post announcements on SGXNET.
`
`5.
`
`Since at least 2005 and continuing to the present time, it has been the
`
`regular practice of Creative to issue such corporate announcements by posting
`
`them on SGXNET. The Apple Announcement is an example of a corporate
`
`announcement that was made and posted by Creative on SGXNET in 2006 in the
`
`regular practice of Creative's business.
`
`6.
`
`Beginning at least as early as 2005 and continuing to the present time,
`
`it has been the regular practice of Creative to have corporate announcements, such
`
`as the Apple Announcement, drafted at or near the time of the event described in
`
`the announcement by personnel that have knowledge of the facts described in the
`
`announcement. In 2006, the Apple Announcement was prepared by members of
`
`Creative's legal team who were directly involved in the Apple settlement
`
`negotiations.
`
`3
`
`3
`
`
`
`Patent No. 6,928,433
`IPR20 16-01407
`
`I declare under penalty of perjury under the laws of the United States of
`
`America and under the laws of the Republic of Singapore that the foregoing is true
`
`and correct.
`
`Executed on February 28, 2017, in the Republic of Singapore.
`
`Tan Shao Mieng
`
`4
`
`4
`
`
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