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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
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`GOOGLE INC.
`Petitioner
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`v.
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`KONINKLIJKE PHILIPS ELECTRONICS N.V.
`Patent Owner
`__________________
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`U.S. PATENT NO. RE44,913
`Case Unassigned
`__________________
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`DECLARATION OF ANTHONY DALE
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`MSFT EX. 1028
`Page 1 of 4
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`Pursuant to 28 U.S.C. § 1746, I, Anthony Dale, hereby declare as follows:
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`1. My name is Anthony Dale. I am over eighteen years of age, of sound
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`mind, and in all ways qualified and competent to make this declaration. I have
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`personal knowledge of the facts contained in this declaration and they are true and
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`correct.
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`2.
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`I am currently retired. Prior to retirement, my primary employment
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`was with the University of Canterbury (the “University”). I began working at the
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`University in 1987 in its computer science department and held several positions
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`with the University until my retirement in 2015.
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`3.
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`During the 1990s, I was in charge of the computer science department
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`programming team as its head programmer. In this capacity, I frequently used and
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`tested mobile devices as they were released. I frequently executed purchase orders
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`for and then received various such devices, including various versions of Apple’s
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`MessagePad devices that ran the Newton operating system (“Apple Newton
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`Devices”). When I received such devices in the ordinary course of my duties, I
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`typically received the instruction booklets or manuals corresponding to each
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`device.
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`4.
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`I personally provided copies of the original instruction manuals I
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`received in connection with my use of Apple Newton Devices to Christopher
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`Suarez, one of the attorneys for the Petitioner Google Inc. in this proceeding. I
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`MSFT EX. 1028
`Page 2 of 4
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`understand that Google has scanned the original copies of the documents and
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`intends to furnish them as exhibits in the above-captioned proceedings. I reviewed
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`the scans of the manuals, referenced below, that are being used as exhibits and
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`have confirmed that the scanned documents correspond precisely to the documents
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`that were in my original possession.
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`5.
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`Exhibit 1012 is a true and correct copy of the Apple Newton
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`MessagePad Handbook, copyright 1995, from Apple Computer Inc. I received this
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`manual, which described the general functionality of the Apple MessagePad, in
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`1995. I received this manual as part of a package of documents that were provided
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`in the original packaging of an Apple Newton Device that I personally ordered and
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`received in 1995.
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`6.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements are made with the knowledge
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`that willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States Code
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`and that such willful false statements may jeopardize the results of these
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`proceedings.
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`MSFT EX. 1028
`Page 3 of 4
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`Date: December 2, 2016
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`By: _________________________
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`Anthony (Tony) Dale
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`7 Bradshaw Terrace
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`Riccarton, New Zealand
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`Christchurch 8011
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`MSFT EX. 1028
`Page 4 of 4
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