`Apple v. California Institute of Technology
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`_________________________________________
`
`Case IPR2017-700, IPR2017-00701, IPR2017-728
`Patent 7,421,032
`_________________________________________
`
`DECLARATION OF JAMES A. DAVIS, PH.D.
`
`Apple v. Caltech
`IPR2017-00701
`Apple 1173
`
`
`
`U.S. Patent No. 7,421,032
`Apple v. California Institute of Technology
`I have been informed that during a conference with the Board on Feb.
`
`1.
`
`15, 2018, counsel for the Patent Owner, Caltech, suggested to the Board that I had
`
`not submitted declarations in support of the Petitioner’s Replies for some reason
`
`other than my availability. That is incorrect.
`
`2.
`
`Following my deposition in IPR2017-210, IPR2017-219,
`
`IPR2017-297, IPR2017-700, IPR2017-701 and IPR2017-728 (the “IPRs”), I
`
`evaluated the remaining schedule for the IPRs as well as obligations associated
`
`with my Fulbright award. After evaluating the schedules, I informed counsel for
`
`Petitioner that, due to obligations associated with my Fulbright award, I would be
`
`unable to prepare and submit declarations for the Replies. As part of the Fulbright
`
`award, I have been in Europe from January 13, 2018, through to the present. Due
`
`to the work I needed to do while still in the US to prepare for this European posting,
`
`and the need to focus on Fulbright-related activities while outside of the US, I did
`
`not have time to prepare another round of declarations, which I understand would
`
`have been due with Replies in February. Petitioner’s counsel and I worked to see
`
`whether we could find any way to manage my schedule such that I could submit
`
`declarations with the Replies, but I ultimately concluded that my Fulbright
`
`responsibilities precluded my doing so. I stand behind my original declarations
`
`and deposition testimony, and would have liked to continue working with
`
`1
`
`
`
`
`
`Petitioner’s counsel on the IPRS. Unfortunately, I could not do so while also
`
`US. Patent No. 7,421,032
`Apple V. California Institute of Technology
`
`meeting my obligations for the Fulbright award.
`
`3.
`
`In signing this declaration, I recognize that the declaration will be
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board of
`
`the United States Patent and Trademark Office.
`
`I also recognize that I may be
`
`subject to cross—examination in the case and that cross—examination will take place
`
`within the United States. If cross—examination is required of me, I will appear for
`
`cross-examination within the United States during the time allotted for
`
`cross-examination.
`
`4.
`
`I 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 were made with the full 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.
`
`Dated: 1 Cl
`
`ig
`
`
`
`
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