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`Exhibit 2040
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`Exhibit 2040
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`DECLARATION OF PROF. XIMING WANG UNDER 37 CFR § 1.131
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`I, Ximing Wang, make the following declaration from my own personal
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`knowledge and, if called upon, I can and will competently testify under oath. I am
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`over 18 years of age, and declare as follows:
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`1.
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`I am an inventor of the inventive subject matter described in U.S.
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`Patent No. 7,899,492 and its continuations, which are titled "Method, System and
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`Apparatus for Displaying the Multimedia Information from Wireless
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`Communication Networks" which issued from non-provisional U.S. patent
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`application no. 11/165,341, filed on June 24, 2005 (the "Patent"). The Patent
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`claims priority to a provisional application Ser. No. 60/588, 358 filed on July 16,
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`2004, which is titled "A method and system for displaying the multimedia
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`information from wireless communications or portable IT devices" (the
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`"Provisional Application").
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`2.
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`No later than March 30, 2004, I, along with my co-inventors,
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`conceived of the inventive subject matter described in the Patent, more specifically
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`the invention recited in the issued claims (the "Claims") in the Patent. Following
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`conception, I, along with my co-inventors, (sometimes collectively referred to as
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`"we" hereafter), diligently engaged in preparation of the Provisional Application
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`for filing with the U.S. Patent and Trademark Office.
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`1
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`VIS EXHIBIT 2040
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`Page 1 of 7
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`3.
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`Prior to March 30, 2004 through July 16, 2004, I, along with my co-
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`inventors, engaged diligently in researching industry operation for prior art and
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`potential market applications of our invention. We searched diligently in global
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`journal and publication databases for latest research efforts related with our
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`invention.
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`4.
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`Prior to March 30, 2004, and continuing through July 16, 2004, I, and
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`my co-inventors, were updated of the pioneering research in the field of our
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`invention over our routine conference calls and in person meetings by our co(cid:173)
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`inventor, Dr. Tiejun Wang.
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`5.
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`Exhibit 2025 and Exhibit 2026, attached hereto, are documents
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`authored by our co-inventor, Dr. Tiejun Wang before March 30, 2004, evidencing
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`the conception and design of the inventive subject matter. Exhibits 2025, 2026,
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`and 2011 include various examples evidencing the conception and design of the
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`inventive subject matter.
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`6.
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`Exhibit 2025 illustrates many key concepts for the invention such as a
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`"decoder" connected with an "encoder", "6 M bits/second", "JPEG", "X.264",
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`"buffer", "LCD TV", "video" "audio", "DVI", "HDMI", and "HDMI cable".
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`7.
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`Exhibit 2026 illustrates the background of the conception during
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`2003-2004 period of time. Prior March 30, 2004, I, along with my co-inventors,
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`envisioned next generation cellular network, 3G, would bring multimedia
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`2
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`Page 2 of 7
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`information to cellular communications. In connection with my research, I, along
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`with my co-inventors, took stock of development of2G, 2.5G, and 3G and
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`identified a problem caused by small screens of cellular phones for multimedia
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`information enjoyment.
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`8.
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`Exhibit 2026 illustrates an example of our conception of our
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`inventions including processing of a high-resolution multimedia signal received
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`through a mobile terminal for production of corresponding multimedia information
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`on a separate external display. The high-resolution multimedia information in our
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`invention may include 3D image, videos, GPS, Internet content, TV program,
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`online games, and video games. Exhibit 2026 indicates the market applications of
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`our invention include vehicles and entertainment industry in addition to
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`telecommunications. Exhibit 2026 lists a few exemplary application environments
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`for our invention including a vehicle, a hotel room, and any public area with a
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`large display for multimedia information content.
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`9.
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`Fig 1 and Fig 2 on page 4 of Exhibit 2026 compare an embodiment of
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`our invention with a prior art example. The figure at the top of page 1 of
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`Exhibit 2026 describes exemplary applications and system structure of our
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`invention. Fig 3 on page 7 of Exhibit 2026 provides an exemplary flow chart for
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`our invention including: a mobile terminal receives multimedia information
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`through communications with a base station; a video signal processor processes the
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`3
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`Page 3 of 7
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`multimedia information; and the video signal processor provides the processed
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`multimedia information and drives a separate external monitor for displaying the
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`processed multimedia information, etc.
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`10. Exhibit 2026 presents an example of a video signal processor for
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`processing a video signal for the high-resolution multimedia information content
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`received through a cellular network. The video signal processor can be included
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`inside a cellular phone or can reside in an external device connecting a cellular
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`phone with an external display.
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`11.
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`In the time period between March 30, 2004 and the provisional
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`application filing date of July 16, 2004, we diligently pursued efforts to file the
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`Provisional Application, including talking to many patent lawyers and working to
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`gather information for our patent application. We discussed in depth with multiple
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`patent lawyers about global patent application and prosecution strategy for our
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`inventions. We learned about filing a US patent application and associated cost.
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`We further learned by talking to these lawyers that we could file a provisional
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`application without hiring a lawyer. As examples of our efforts during this time
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`period, we bought and borrowed books and searched online regarding how to file a
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`provisional and a non-provisional patent application in the US, China, and the
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`world.
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`4
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`Page 4 of 7
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`12. Our diligent efforts are also reflected by our routine meetings and
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`phone calls which took place multiple times every week during March 30, 2004 -
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`July 16, 2004 period on discussion of our invention details and preparation of our
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`Provisional Application. We also considered and discussed the structures needed to
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`organize the features of our invention into the formal requirements of a US patent
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`application. Exhibit 2011 demonstrates our effort for drafting the Provisional
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`Application.
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`13. Our diligent efforts are also reflected by our efforts on keeping track
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`of leading research and publications in the field of our invention. We were
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`routinely updated by our co-inventor, Dr. Tiejun Wang of his research findings and
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`relevant leading technical efforts from both industry and academia over our phone
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`calls and meetings during March 30, 2004 - July 16, 2004 period.
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`14. The inventive concepts stated in Exhibits 2025 and 2026 were
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`conceived and in the possession ofus prior to March 30, 2004. I, along with my
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`co-inventors, diligently worked to reduce the invention to practice by studying
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`relevant pioneering researches and writing and filing the Provisional Application.
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`Our diligent efforts to reduce the invention to practice started prior March 30, 2004
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`and continued without any break through the filing of the Provisional Application.
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`15. The patent has been successfully licensed to Samsung Electronics Co.,
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`Ltd and LG Electronics, Inc. While the fact of their existence is not confidential,
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`5
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`Page 5 of 7
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`the terms of these licenses are confidential, thus copies of these licenses cannot be
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`publicly disclosed.
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`16. The Patent is assigned to Virginia Innovation Sciences, Inc. Upon
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`information and belief, I understand that Exhibits 2011, 2025, and 2026 are
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`proprietary and confidential records of Virginia Innovation Sciences, Inc. and that
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`by providing these exhibits in this proceeding Virginia Innovation Sciences, Inc.
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`does not intend to waive confidentiality to any other confidential records of
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`Virginia Innovation Sciences, Inc. Upon information and belief, I understand that
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`Virginia Innovation Sciences, Inc. is not waiving its attorney-client privilege as to
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`any information covered by the privilege and related to the inventive subject matter
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`or this Patent. To the extent that I also have such privilege, I do not waive our
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`attorney-client privilege as to any information related to the inventive subject
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`matter.
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`17.
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`I declare under penalty of perjury that all statements made herein are
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`of my own knowledge and are true; and that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States
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`Code, and that such willful false statements may jeopardize the validity of the
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`Patent or any patent issuing thereon.
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`6
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`Page 6 of 7
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`January 16, 2018
`January 16, 2018
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`Xi mi h.9 Wa~9
`Xi Mi n 3 Wang
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`Ximing Wang
`Ximing Wang
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`Page 7 of 7
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`7
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`Page 7 of 7
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