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