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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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`SAMSUNG ELECTRONICS CO, LTD.,
`Petitioner
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`v.
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`JAMES B. GOODMAN,
`Patent Owner.
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`__________________________
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`U.S. Patent No. 6,243,315
`__________________________
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`DECLARATION OF JOHN J. KELLY REGARDING RECORDS OF
`JEDEC SOLID STATE TECHNOLOGY ASSOCIATION (JEDEC)
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`I, John J. Kelly, under penalty of perjury, declare and state as follows:
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`U.S. Patent No. 6,243,315
`Declaration of John J. Kelly
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`1.
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`I am an employee of the JEDEC Solid State Technology Association (hereinafter
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`“JEDEC”). I have worked with JEDEC in various capacities since late 1990.
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`2. My current position is President of JEDEC. I am in charge of, among other things,
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`the management and legal affairs of the association.
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`3.
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`JEDEC is the global leader in the development of standards for the microelectronics
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`industry. Currently, JEDEC standards are publicly available for free download from the JEDEC
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`website (https://www.jedec.org), or, in the case of larger volumes, for purchase through the same
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`website and authorized resellers. In 1997, JEDEC standards were generally available for
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`purchase from JEDEC or from approved re-seller IHS.
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`4. This declaration particularly concerns JEDEC specification JESD21-C,
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`Configurations for Solid State Memories, Release 7 (January 1997) (“the Standard”), a standard
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`published by JEDEC. I have reviewed the Standard. The photocopy of the Standard, attached to
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`this declaration as Exhibit 1, is identical to the copy of the Standard in JEDEC’s files.
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`5. The following statements on the public availability of the Standard as of January
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`1997 are based on personal knowledge, information and belief. In 1997, I was Vice President,
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`Secretary and General Counsel the Electronic Industries Association ("EIA"), of which JEDEC
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`was part. The development of all JEDEC documents follows the process set forth in JM21:
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`JEDEC Manual of Organization and Procedure. The date on the cover of a JEDEC document is
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`the month the document was finalized, approved, and published to its membership. The date on
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`the cover of this Standard, in particular, also indicates the date that it was sent to those with a
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`subscription to the annual updating service for JESD21-C, in which subscribers would receive
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`the new and/or updated replacement pages of the various modules of the Standard as they were
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`U.S. Patent No. 6,243,315
`Declaration of John J. Kelly
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`released.
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`6. I am familiar with the circulation and publication procedures used by JEDEC in
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`1997. Upon approval of the JEDEC Council, the JEDEC publications department prepared
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`documents for publication and sought final review and approval to publish from the EIA Legal
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`Department. Once legal approval was received, the JEDEC publications department made the
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`approved document available to the JEDEC membership, and in the case of JESD21-C, the pages
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`comprising the specifically updated modules would have been sent to those who subscribed to
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`the annual updating service for JESD21-C. Copies of the entire JESD21-C volume, as well as
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`any other finalized standard, would also have been available for purchase by anyone in the
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`public, through either JEDEC or approved reseller IHS.
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`7. Based on my personal knowledge of JEDEC’s, the Standard was made publicly
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`available in January 1997, consistent with the date notation at the first page of the Standard,
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`through promulgation to JEDEC membership and availability for purchase by any member of the
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`public. My knowledge of the procedures surrounding the creation of the date notation and
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`publication is based on JEDEC’s policies and practices as I understood them through my work at
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`JEDEC and EIA. I relied on these policies and practices in the course of my work. I have no
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`reason to believe that JEDEC’s typical practice was not followed. I have no reason to believe
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`that the Standard was not made publicly available in January 1997.
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`I declare that all statements made herein of my knowledge are true, and that all
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`statements made on information and belief are believed to be true, and that these statements were
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`made with 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 of the United States Code.
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`U.S. Patent No. 6,243,315
`Declaration of John J. Kelly
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`Signed: _____________________________
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`Printed: John J. Kelly
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`Date: August 8, 2017
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