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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________
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`TWITTER, INC.
`Petitioner
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`v.
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`YOUTOO TECHNOLOGIES, LLC
`Patent Owner
`_________________
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`U.S. Patent No. 8,464,304
`Issued: June 11, 2013
`Application No.: 13/185,471
`Filed: July 18, 2011
`Title: Content Creation and Distribution System
`_________________
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`DECLARATION OF ERIC PEPPER
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`DECLARATION OF ERIC PEPPER
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`I, Eric Pepper, do hereby declare as follows:
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`1.
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`I am the Director ofPublications at the Society of Photo-Optical
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`Instrumentation Engineers, dba SPIE-the international society for optics and
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`photonics.
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`2.
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`I have been employed at SPIE since March 1982, and am personally
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`familiar with the organization's regular business practices, including the
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`presentation and publication of papers and journal articles to the interested public.
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`3.
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`SPIE maintains the SPIE Digital Library, which is an online
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`publication platform wherein SPIE publishes papers presented at its professional
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`conferences in the form of conference proceedings. The paper attached hereto,
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`labeled Ex. 1006, was published online in the SPIE Digital Library on February
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`10, 2006, and became publicly available on that date. The full citation for the
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`paper is Janne Lahti, Marko Palola, Jari Korva, Utz Westermann, Kostas
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`Pentikousis, and Paavo Pietarila, "A mobile phone-based context-aware video
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`management application," Proc. SPIE 6074, Multimedia on Mobile Devices II,
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`607400 (February 10, 2006); doi:10.1117/12.642204;
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`http://dx.doi.org/10.1117 /12.642204.
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`4.
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`The full paper (Ex. 1 006) was available to anyone with a Digital
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`Library subscription, either via a personal subscription or with access through
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`DECLARATION OF ERIC PEPPER
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`their institution's subscription to the SPIE Digital Library. It was also available
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`for purchase by any individual using pay-per-view. Availability was global via the
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`SPIE Digital Library website at http://SPIEDigitalLibrary.org.
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`5.
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`The paper (Ex. 1 006) was also published in the printed proceedings,
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`which was mailed to conference attendees, libraries with standing orders, and to
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`anyone who purchased the proceedings over the transom. The printed proceedings
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`was received from SPIE's printer on February 28, 2006, and was mailed to
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`recipients on or after that date.
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`I, Eric Pepper, do hereby declare and state that all statements made herein
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`are true to the best of my knowledge and that all statements made on information
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`and belief are believed to be true; and further that these statements were made with
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`the knowledge that willful false statements and the like so made are punishable by ,
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`fine or imprisonment, or both, under Section 1001 of Title 18 ofthe United States
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`Code.
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`Dated:
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`l o ~(L'J.= 2<9 17
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`DECLARATION OF ERIC PEPPER
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