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UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`GOOGLE INC.
`Petitioner
`
`v.
`
`KONINKLIJKE PHILIPS ELECTRONICS N.V.
`Patent Owner
`__________________
`
`U.S. PATENT NO. RE44,913
`Case Unassigned
`__________________
`
`DECLARATION OF ANTHONY DALE
`
`
`
`
`
`
`
`
`GOOGLE EX. 1028 pg. 1
`Google v. Philips
`
`

`
`
`
`Pursuant to 28 U.S.C. § 1746, I, Anthony Dale, hereby declare as follows:
`
`1. My name is Anthony Dale. I am over eighteen years of age, of sound
`
`mind, and in all ways qualified and competent to make this declaration. I have
`
`personal knowledge of the facts contained in this declaration and they are true and
`
`correct.
`
`2.
`
`I am currently retired. Prior to retirement, my primary employment
`
`was with the University of Canterbury (the “University”). I began working at the
`
`University in 1987 in its computer science department and held several positions
`
`with the University until my retirement in 2015.
`
`3.
`
`During the 1990s, I was in charge of the computer science department
`
`programming team as its head programmer. In this capacity, I frequently used and
`
`tested mobile devices as they were released. I frequently executed purchase orders
`
`for and then received various such devices, including various versions of Apple’s
`
`MessagePad devices that ran the Newton operating system (“Apple Newton
`
`Devices”). When I received such devices in the ordinary course of my duties, I
`
`typically received the instruction booklets or manuals corresponding to each
`
`device.
`
`4.
`
`I personally provided copies of the original instruction manuals I
`
`received in connection with my use of Apple Newton Devices to Christopher
`
`Suarez, one of the attorneys for the Petitioner Google Inc. in this proceeding. I
`
`
`
`GOOGLE EX. 1028 pg. 2
`Google v. Philips
`
`

`
`
`
`understand that Google has scanned the original copies of the documents and
`
`intends to furnish them as exhibits in the above-captioned proceedings. I reviewed
`
`the scans of the manuals, referenced below, that are being used as exhibits and
`
`have confirmed that the scanned documents correspond precisely to the documents
`
`that were in my original possession.
`
`5.
`
`Exhibit 1012 is a true and correct copy of the Apple Newton
`
`MessagePad Handbook, copyright 1995, from Apple Computer Inc. I received this
`
`manual, which described the general functionality of the Apple MessagePad, in
`
`1995. I received this manual as part of a package of documents that were provided
`
`in the original packaging of an Apple Newton Device that I personally ordered and
`
`received in 1995.
`
`6.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statements are made with the knowledge
`
`that willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States Code
`
`and that such willful false statements may jeopardize the results of these
`
`proceedings.
`
`
`
`
`
`GOOGLE EX. 1028 pg. 3
`Google v. Philips
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: _________________________
`
`Anthony (Tony) Dale
`
`7 Bradshaw Terrace
`
`Riccarton, New Zealand
`
`Christchurch 8011
`
`
`
`
`
`
`
`
`
`Date: December 2, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`GOOGLE EX. 1028 pg. 4
`Google v. Philips

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