`Apple v. California Institute of Technology
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner,
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`v.
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`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`_________________________________________
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`Case IPR2017-700, IPR2017-00701, IPR2017-728
`Patent 7,421,032
`_________________________________________
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`DECLARATION OF JAMES A. DAVIS, PH.D.
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`Apple v. Caltech
`IPR2017-00728
`Apple 1273
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`
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`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.
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`1.
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`15, 2018, counsel for the Patent Owner, Caltech, suggested to the Board that I had
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`not submitted declarations in support of the Petitioner’s Replies for some reason
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`other than my availability. That is incorrect.
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`2.
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`Following my deposition in IPR2017-210, IPR2017-219,
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`IPR2017-297, IPR2017-700, IPR2017-701 and IPR2017-728 (the “IPRs”), I
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`evaluated the remaining schedule for the IPRs as well as obligations associated
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`with my Fulbright award. After evaluating the schedules, I informed counsel for
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`Petitioner that, due to obligations associated with my Fulbright award, I would be
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`unable to prepare and submit declarations for the Replies. As part of the Fulbright
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`award, I have been in Europe from January 13, 2018, through to the present. Due
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`to the work I needed to do while still in the US to prepare for this European posting,
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`and the need to focus on Fulbright-related activities while outside of the US, I did
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`not have time to prepare another round of declarations, which I understand would
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`have been due with Replies in February. Petitioner’s counsel and I worked to see
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`whether we could find any way to manage my schedule such that I could submit
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`declarations with the Replies, but I ultimately concluded that my Fulbright
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`responsibilities precluded my doing so. I stand behind my original declarations
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`and deposition testimony, and would have liked to continue working with
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`1
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`Petitioner’s counsel on the IPRS. Unfortunately, I could not do so while also
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`US. Patent No. 7,421,032
`Apple V. California Institute of Technology
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`meeting my obligations for the Fulbright award.
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`3.
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`In signing this declaration, I recognize that the declaration will be
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`filed as evidence in a contested case before the Patent Trial and Appeal Board of
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`the United States Patent and Trademark Office.
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`I also recognize that I may be
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`subject to cross—examination in the case and that cross—examination will take place
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`within the United States. If cross—examination is required of me, I will appear for
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`cross-examination within the United States during the time allotted for
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`cross-examination.
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`4.
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`I declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements were made with the full knowledge that willful
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`false statements and the like so made are punishable by fine or imprisonment, or
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`both, under Section 1001 of Title 18 of the United States code.
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`Dated: 1 Cl
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`ig
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