`
`Scott Andrew Denning
` 719-310-3856 s.denning@mac.com
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`
`PROFILE
`
`
`Expert witness for the Mobile Wireless, Global Positioning System (GPS), Network Communications, Software,
`Storage, and Embedded Computing industries. Known for the ability to read patents and to quickly identify infringing
`products. Highly proficient in reverse engineering and claim chart construction. Proven technical expertise and IP
`proficiency has led to the successful defense against patent assertions, invalidation of numerous patent claims, and the
`establishment of highly successful licensing programs.
`
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`EXPERT WITNESS HIGHLIGHTS
`
`• Authored over 5000 pages of expert reports for Federal District Courts and ITC
`• Authored over 600 pages of declarations for PTAB
`•
`108 hours in deposition
`
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`TESTIMONY AND EXPERT DOCUMENTS
`
`Testimony:
`• Deposition 10-25-2016, Alarm.com v. Vivint (Sterne Kessler Goldstein and Fox)
`• Deposition 9-7-2016, Core Wireless v. LG (Davidson Berquist Jackson Gowdey)
`• Deposition 6-23-2015, Parallel Networks v. IBM (McKool Smith)
`• Deposition 3-22-2014, Parallel Networks v. Abercrombie, Inc., et al. (Buether Joe & Carpenter)
`• Deposition 11-23-2013, LBSI v. BP America, Inc., et al. (Buether Joe & Carpenter)
`• Deposition 1-15-2013, ITC Inv. No. 337-TA-850, In the matter of: Certain Electronic Imaging Devices; Flashpoint
`v. HTC et al. (H.C. Park & Assoc, PLC)
`
`
`Expert Reports:
`• Validity - LBS Innovations LLC, v. BP et al.; US 6,091,956 (Buether Joe & Carpenter)
`•
`Infringement - LBS Innovations LLC, v. BP et al.; US 6,091,956 (Buether Joe & Carpenter)
`• Non-Infringement - ITC Inv. No. 337-TA-850, In the matter of: Certain Electronic Imaging Devices; Flashpoint v.
`HTC et al. US 6,222,538, US 6,223,190, US 6,400,471 (H.C. Park & Assoc, PLC)
`•
`Infringement - LBS Innovations LLC, v. Aaron Bros et al.; US 6,091,956 (Buether Joe & Carpenter)
`• Validity - LBS Innovations LLC, v. Aaron Bros et al.; US 6,091,956 (Buether Joe & Carpenter, LLC)
`• Opinion for defendant - Ulyssix v. Wyle Labs; Trade Secret Theft (Cochran & Owen, LLP)
`• Opinion for defendant - BDP v. HP; Product Liability (Coughlin Betke, LLP)
`
`Inter Partes Review Declarations: 

`• US 7,550,870 invalid (‘974, ‘758) - Avocent/Liebert (Davidson Berquist Jackson Gowdey, LLP)
`• US 7,550,870 invalid (‘543, ‘934) - Avocent/Liebert (Davidson Berquist Jackson Gowdey, LLP)
`• US 7,330,817 valid - Employment Law Compliance (Harper Washam, LLP) 

`• US 7,672,104 invalid - Avocent/Liebert (Davidson Berquist Jackson Gowdey, LLP)
`• US 5,900,825 invalid – Mercedes (Hogan Lovells, LLP)
`• US 6,147,601 valid - Vivint (Sterne Kessler Goldstein Fox, PLCC)
`• US 6,535,123 valid - Vivint (Sterne Kessler Goldstein Fox, PLCC)
`• US 6,462,654 valid - Vivint (Sterne Kessler Goldstein Fox, PLCC)
`• US 8,434,020 valid – Core Wireless (Davidson Berquist Jackson Gowdey, LLP)
`• US 8,713,476 valid – Core Wireless (Davidson Berquist Jackson Gowdey, LLP)
`• US 8,031,677 valid – Huawei (Fish & Richardson, P.C.)
`• US 8,537,779 valid – Huawei (Fish & Richardson, P.C.)
`• US 8,638,750 valid – Huawei (Fish & Richardson, P.C.)
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`1
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`Ruiz Food Products, Inc.
`Exhibit 1003
`
`

`

`
`
`LITIGATION RELATED EXPERT SERVICES RETAINERS
`
`• Advanced Media Networks v. AT&T (Buether Joe & Carpenter LLP) Provide analysis, declarations, review of
`AT&Ts Petition for MSJ, expert reports and testimony regarding validity and AT&Ts infringement of US 5,960074
`for Advanced Media Networks
`Status: pending
`• Nokia v. Huawei (Fish & Richardson, P.C.) Provide analysis, declaration, review of IPR petition and testimony
`regarding prior art against US 8,031,677 and 8,537,779 for Huawei
`Status: pending
`• TMobile v. Huawei (Fish & Richardson, P.C.) Provide analysis, declaration, review of IPR petition and testimony
`regarding prior art against US 8,638,750 for Huawei
`Status: pending
`• Core Wireless v. LG (Davidson Berquist Jackson Gowdey, LLP) Provide analysis, declaration, review of IPR
`petition and testimony regarding prior art against US 8,434,020 and US 8,713,476 for Core Wireless
`Status: complete
`• Core Wireless v. Apple (Davidson Berquist Jackson Gowdey, LLP) Provide analysis, declaration, review of IPR
`petition and testimony regarding prior art against US 8,434,020 and US 8,713,476 for Core Wireless
`Status: complete
`• Refco v. Cantor Fitzgerald (Grant & Eisenhofer P.A.) Provide system and source code analysis, expert report and
`testimony of online gambling systems and wireless terminals for Refco
`Status: pending
`• Vivint v. Alarm.com (Sterne Kessler Goldstein Fox, PLCC) Provide analysis, declaration, review of IPR petition
`and testimony regarding prior art against US 6,147,601 and US 6,535,123 for Vivint
`Status: complete
`• Mercedes Benz v. Manitto (Hogan Lovells, LLP) Provide analysis, declaration, review of IPR petition and
`testimony regarding prior art against US 5,900,825 for Mercedes Benz
`Status: settled
`• Avocent/Liebert (Davidson Berquist Jackson Gowdey, LLP) Provide analysis, declaration, review of IPR petition
`and testimony regarding prior art against US 7,550,870 for Avocent/Liebert
`Status: settled
`• Employment Law Compliance (Harper Washam, LLP) Provide analysis, declaration, review of IPR petition and
`testimony regarding prior art including US 7,672,104 and asserted prior art for ELC
`Status: complete
`• Avocent/Liebert (Davidson Berquist Jackson Gowdey, LLP) Provide analysis, declaration, review of IPR petition
`and testimony regarding prior art against US 7,672,104 for Avocent/Liebert
`Status: settled
`• Parallel Networks v. Abercrombie, Inc., et al. (Buether Joe & Carpenter) Provide analysis regarding dynamic web
`page generation and applets, infringement report and testimony for Parallel Networks
`Status: settled
`• GPNE v. Fleetmatics (Frommer, Lawrence & Haug, LLP) - Provide GPRS - LTE (3GPP mobile phone) related
`analysis, claim construction, non-infringement report and testimony for Fleetmatics
`Status: settled
`• LBSI v. BP (Buether Joe & Carpenter LLP), Provide geo-mapping and web technologies related analysis, claim
`construction, infringement report, invalidity rebuttal and testimony for LBSI
`Status: settled
`• Unwired Planet v. Google (Munger, Tolles, & Olson LLP) - Provide telecommunications network and user app
`related analysis, claim construction, non-infringement report and testimony for Google
`Status: complete
`• GPNE v. Pantech, et al. (H.C. Park & Assoc, PLC) - Provide GPRS - LTE (3GPP mobile phone) related analysis,
`claim construction, non-infringement report and testimony for Pantech
`Status: settled
`• Adaptix v. Pantech, et al. (H.C. Park & Assoc, PLC) - Provide LTE - OFDMA (3GPP mobile phone) related
`analysis, claim construction, non-infringement report and testimony for Pantech
`Status: settled
`• Pragmatus v. Pantech, et al. (H.C. Park & Assoc, PLC) - Provide GPS/Navigation (mobile phone) related analysis,
`claim construction, non-infringement report and testimony for Pantech
`Status: settled
`
`
`
`2
`
`Ruiz Food Products, Inc.
`Exhibit 1003
`
`

`

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`• Motorola (Hogan Lovells, LLP) - Provide operating system software and microprocessor hardware expert analysis
`Status: complete
`• Flashpoint v. HTC, et al. (H.C. Park & Assoc, PLC) - Provide Imaging Device (mobile phone camera) related GUI
`and software expert analysis, claim construction, non-infringement report and testimony for Pantech in ITC
`investigation
`Status: settled
`• Honeywell v. Furuno Electric Co., et al. (Bicklel & Brewer) - Provide Navigation related software and hardware
`analysis, invalidity report, non-infringement report and testimony for FLIR Systems and Raymarine
`Status: settled
`• Beacon Navigation v. Daimler (Hogan Lovells, LLP) - Provide GPS Navigation related C and C++ software and
`microprocessor hardware analysis, report and testimony for Daimler (Mercedes Benz)
`Status: complete
`• Beacon Navigation v. Mitsubishi (Quinn Emanuel Erquhart & Sullivan, LLP) - Provide GPS Navigation related C
`and C++ software and microprocessor hardware analysis, report and testimony for Mitsubishi
`Status: complete
`• Beacon Navigation v. Clarion (Quinn Emanuel Erquhart & Sullivan, LLP) - Provide GPS Navigation related C
`and C++ software and microprocessor hardware analysis, report and testimony for Clarion
`Status: complete
`• Beacon Navigation v. BMW (Finnegan Henderson Farabow Garrett & Dunner, LLP) - Provide GPS Navigation
`related C and C++ software and microprocessor hardware analysis, report and testimony for BMW
`Status: complete
`• Taylor v. IBM (Buether, Joe & Carpenter LLP) - Provide C++ source code analysis of 1.2M lines of IBM code
`Status: settled
`• HTC (Finnegan Henderson Farabow Garrett & Dunner, LLP) - Provide microprocessor, GPS and GUI patent
`related analysis
`Status: complete
`• Ulyssix v. Wyle (Cochran & Owen, LLP) - Provide analysis and expert report for Wyle Labs in trade secret theft
`litigation involving military satellite downlink processor technology
`Status: settled
`• Opti v. VIA Technologies (Buether Joe & Carpenter LLP) - Provide semiconductor analysis and reports including
`semiconductor instrumentation and reverse engineering for VIA
`Status: complete
`• BDP v. HP (Coughlin Betke, LLP) - Provide forensic computer log analysis and report for HP in product liability
`litigation related to virtual disk arrays
`Status: settled
`
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`TECHNICAL EXPERTISE
`
`
`Intellectual Property
`• Testifying expert and expert report preparation
`• Detailed patent analysis and file history review
`•
`Identification and analysis of prior art
`• Consulting expert assisting with Preliminary Infringement Contentions, Markman claim terms, depositions, reverse
`engineering and testifying expert preparation
`• Target ID, reverse engineering, and claim chart construction for patent assertion and invalidation
`• Patent brokering and licensing
`Engineering
`• User Interface design - embedded graphical and menu interfaces for mobile, GPS, robotic and security applications
`• GIS mapping software interface and design including Google Maps, Microsoft MapPoint - Bing Maps, Know-
`Where Systems, ArcView
`• GPS, Teleconferencing, Radar and wireless circuit design and signal processing algorithms
`• Software / algorithm development using C, C++, Java, Python, Perl - personally written ~ 1.2 M lines of code
`• High performance computing architectures and switched fabrics
`• Database development using MySQL and Oracle
`• Network communications including TCP/IP, HTTP, SMTP, NTP, Ethernet, 802.x
`• Wireless communications including Bluetooth, NFC, LTE, WiFi, CDMA, GPRS, 3G, GSM and CDPD
`• Textual and natural language processing in Python
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`3
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`Ruiz Food Products, Inc.
`Exhibit 1003
`
`

`

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`• Enterprise network applications development using BSD sockets on Linux/Unix
`• Audio and Video CODECs including Dolby, DBX, wavelet/JPEG2000, SMPTE 421M (VC-1), H.263, H.264,
`VP8, VP9, and WebM
`8/16/32/64 bit microprocessor circuitry design
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`•
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`Reverse Engineering:
`• CPU and FPGA firmware code extraction
`• Software / algorithm decomposition and disassembly
`• Custom disassemblers and circuit simulations in Python and Perl
`• Signal Processing algorithm identification
`• Communications protocol decomposition and identification
`• Digital and Analog circuitry reverse engineering and schematic capture
`• Proficient with most modern test equipment including HP, Agilent and LeCroy O-Scopes, Network Analyzers,
`Spectrum Analyzers etc.
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`EMPLOYMENT EXPERIENCE
`
`
`APPLIED SCIENCES CORP, Colorado Springs, CO 2010 - Present
`Intellectual property consulting and brokerage services for numerous high-tech industry segments. Assertion target and
`prior art identification, reverse engineering and expert witness services.
`Principal
`• Numerous litigation related expert engagements, see Litigation Related Expert Services Retainers section.
`• Patent portfolio license broker for Parallel Networks
`• Provided storage related portfolio mining and expert analysis for Teradata Corp.
`• Exclusive broker for select high-value patent portfolios for Avaya and HP
`• Developed custom software tools for clients including PatentSelect portfolio management system and PatentSelect
`patent acquisition database. Custom implementations for Apple and Teradata.
`• Maintain database of 60k+ patents currently for sale involving more than 100 brokers and IP owners.
`
` 2008 – 2010
`ALLIED SECURITY TRUST, Colorado Springs, CO
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`Member directed trust for identifying and acquiring patents currently for sale that could pose a threat to member
`companies if acquired by an adversarial party. 28 member companies including Apple, Google, Samsung, Oracle, HP,
`Intel, IBM, Cisco, RIM, ARM, Sony, Motorola, Ericsson, Philips, Verizon, Comcast, Time Warner, SAP, Avaya, Philips
`and Kodak
`Chief Technology Officer
`• Directly supported the acquisition of over $45M in patent assets between Aug 2008 - Sept 2010
`• Analyzed 200-600 patents per week along with all accompanying claim charts and other marketing materials to
`identify a match with member company’s products
`• Built close working relationships with the IP staff of all member companies
`• Built relationships with over 250 brokers and other patent sellers so that the large majority of all patents for sale
`were offered to AST
`• Developed numerous procedures and business models for dealing with very high patent volume including
`identifying, analyzing, classifying and cataloguing patent portfolios currently for sale
`• Recruited and managed network of technical experts to assist in patent analysis
`• Notified high-level IP execs from each member company of patents that could be used against them
`
`PURPLE MOUNTAIN, LLC, Colorado Springs, CO 2007 – 2008
`Intellectual property consulting service providing patent usage evaluation, portfolio management and reverse
`engineering services
`Founder and Chief Scientist
`• Developed search methods and platform independent software suite for textually evaluating patents using Google’s
`document database index system for quickly identifying infringing products and prior art
`•
`Identified prior art on Tivo’s Time Warp patent for Dish Networks resulting in 60 of 61 claims being invalidated
`• Performed reverse engineering and claim chart construction in support of licensing and litigation for Dish Networks
`against Sling Media’s SlingBox including communications protocol and video CODEC (SIMPTE 421M)
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`4
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`Ruiz Food Products, Inc.
`Exhibit 1003
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`

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`• Consulting engineer for Dish Networks for in-home video streaming (placeshifting) using MPEG-4
`• Evaluated large patent portfolios and specifically identified many unlicensed and quality patents and corresponding
`infringing products for NCR, Avaya, Qualcomm and Haliburton
`• Performed reverse engineering and/or claim chart construction in support of licensing and litigation for major law
`firms including Baker Botts and Greenberg Traurig
`
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`PURPLE MOUNTAIN LABS, Colorado Springs, CO 2005 – 2007
`Supercomputing and high-speed communications research and development company
`Founder and Chief Scientist
`• Raised $400k startup and $600k second round private funding
`• Led product development including competitive reverse engineering for new compact massively parallel multi-core
`supercomputing architecture for Lockheed Martin for deployment on military radar, ballistic missile defense and
`spy-plane applications
`• Designed and built 256 CPU quad-core MIPS64 based 2.7 TeraFLOP VITA-41 embedded super-computer
`implemented with InfiniBand data plane and 1Gb Ethernet control plane.
`• Modified and extensively tested SUSE Linux 2.6 kernel for above system.
`• Delivered functional and benchmarked above described super-computing prototype to Lockheed Martin in 18
`months from startup
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` 2004 – 2005
`TAEUS INTERNATIONAL, Colorado Springs, CO
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`Provider of intellectual property evaluation and reverse engineering services with over 20,000 patent evaluations and a
`network of over 700 subject matter experts
`Director of Business Development for Central US Region
`• Responsible for developing marketing strategies and developing key target accounts in new Central US region.
`Closed $600k in IP licensing related projects in first three months with all new customers
`• Established new key partnerships with major IP law firms including Holm, Roberts and Owen (HRO), Baker Botts,
`and Greenberg Traurig
`• Developed and presented award winning licensing strategies at 2005 Licensing Executive Society conference.
`Program Manager
`• Responsible for managing reverse engineering (RE) projects and retaining appropriate subject matter experts
`(SME).
`• Managed a team of 6 subject matter experts for RE projects for HP on many notebook computers including Acer,
`Gateway, Sony, Toshiba and others generating over 75 claim charts and over $700k in 5 weeks
`• Managed a team of 4 subject matter experts for RE projects for HP on numerous iPaq clones by Dell, Toshiba,
`Philips, Mitac and others generating 35 claim charts and over $400k in 4 weeks
`• Designed and implemented thesaurus based patent portfolio management software for quickly searching and
`sorting large patent portfolios (+30,000 patents) based on related technologies
`Subject Matter Expert – projects > $1M
`• Performed RE on competing Java processor and prepared claim charts for Philips, US 5,937,193, 6,298,434,
`6,349,377
`• Performed 4 RE projects and prepared claim charts on processor clock adjustment for power conservation, US
`6,490,688, 6,883,104 (Zelle, Hofmann, Voelbel, Mason & Gette, LLP)
`• Performed RE and prepared claim charts on competing media player algorithms for Dolby Labs, US 4,790,016,
`4,914,701, 5,235,671 (Farella Braun & Martel LLP)
`• Performed RE and prepared claim charts on competing FPGA for Actel, US 6,160,420
`
` 2001 – 2004
`DRS TECHNOLOGIES / CATALINA RESEARCH, Colorado Springs, CO
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`Fortune 500 defense technology provider that primarily serves tier 1 defense contractors. Competes with Mercury
`Computer Systems, Curtiss Wright and GE Fanuc.
`Systems Architect/Sr Software Engineer
`• Conceived of and designed hardware and software architecture for TeraFLOP class massively parallel embedded
`computer for Lockheed Martin for deployment on US Navy Aegis class destroyer shipboard radar processing.
`• Gave customer presentations and gathered requirements for above system from numerous tier 1 customers
`including multiple divisions of Lockheed Martin, Raytheon, and MITRE. Helped sales dept. close over $2.5M in
`preproduction orders.
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`5
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`Ruiz Food Products, Inc.
`Exhibit 1003
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`

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`• Negotiated with Broadcom for product design and engineering services for above system for $200k total
`• Systems Engineer and team lead on active radar project for Predator UAV for Harris Corp.
`• Built prototype TMS320C6201 H.263 based video CODEC for SSD and hard drive recording of RADAR, Infra-
`Red and HD video images for Raytheon U2 and Global Hawk UAV programs
`• Architect and team lead on software improvement initiative. Team converted, tested and documented 310k lines of
`legacy C source code from DOS to VxWorks on time.
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` 1999 – 2001
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`NAVSYS, Colorado Springs, CO
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`Global Positioning System research and development company.
`Principal Engineer
`•
`Identified technologies and equipment infringing companies patents US 6,727,846, 5,379,224, 5,225,842
`• Prepared claim charts, diagrams and other technical information enabling IP litigators to file law suits against
`Garmin, Magellan and SnapTrack (Qualcomm)
`• Led meetings and assisted CEO in licensing negotiations with Garmin and SnapTrack
`• Filed 2 patent apps on high precision positioning system
`• Filed 2 patent apps on MEMS GPS signal sensor
`• Led research and development activities and built vehicle tracking prototypes that used AMPS cellular
`communication with the tracking/mapping console - used ArcView GIS later converted to MS MapPoint
`• Designed and presented vehicle tracking prototypes to Coca Cola and closed $1.2M in preproduction orders
`• Transferred technology and trained Japanese engineers from Matsushita/Panasonic on companies IP prior to
`production run
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` 1994 – 1999
`VIDEO DESIGN, Marietta, GA
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`Contract electronic design firm specializing in digital video streaming and recording equipment and robotic controls.
`Founder & President
`• Designed and implemented CCIR-601 PC based closed circuit television monitoring and recording system,
`implemented using wavelet video CODEC. A number of prototypes were built and installed for Pac-Tel Cellular
`stores (now Verizon) and Stockholder’s Systems, Inc. (now Checkfree Corp.) corporate campus
`• Designed video database for archiving alarm activated video capture. Originally built using wavelet CODEC based
`on Analog Devices ADV601, later switched to H.263 using Creative Labs Video Blaster board.
`• Provided design services to optical robotics company for pipeline inspection camera, robot control systems and data
`logger. Included design of DVD recorder using proprietary file format and H.263 video compression.
`
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`INTERFACE SOLUTIONS, Marietta, GA 1988 – 1994
`Contract electronic design firm specialized in microcontroller-based products.
`Hardware Engineer
`• Designed mainframe ink-jet and laser printer IBM PC interface for Lexmark.
`• Designed American Magnetics, Inc. compatible mag-stripe security card encoder.
`• Designed credit card reader with IBM keyboard interface for First Data Corp.
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`EDUCATION:
`
`Ph.D. Student, Machine Learning and Natural Language Processing, University of Colorado, Colorado Springs, CO
`All but dissertation has been completed
`1993 Bachelor of Science in Computer Science - Southern College of Technology, Marietta, GA
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`6
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`Ruiz Food Products, Inc.
`Exhibit 1003
`
`