DECLARATION OF MARK J. DeBOY
`
`I, Mark J. DeBoy (hereinafter "Declarant"), hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of Edell, Shapiro & Finnan, LLC in
`
`Gaithersburg, Maryland. Edell, Shapiro & Finnan, LLC represented Fractus, SA.
`
`in several reexaminations of U.S. Patent No. 7,015,868 ("the '868 Patent"), U.S.
`
`Patent No. 7,123,208 ("the '208 Patent"), U.S. Patent No. 7,394,432 ("the '432
`
`Patent"), and U.S. Patent No. 7,397,431 ("the '431 Patent"),
`
`including those
`
`connected with the Exhibits referenced herein.
`
`I submit this declaration based on
`
`personal knowledge.
`
`If called upon as a witness, I could and would competently
`
`testify to the truth of each statement herein.
`
`2.
`
`Attached as Exhibit 2002 is a true and correct copy of claim charts CC-E
`
`through CC-H in inter partes reexamination Control No. 95/001,482 for the ‘431
`
`Patent.
`
`3.
`
`Attached as Exhibit 2003 is a true and correct c0py of an Order Granting
`
`Request for Inter Partes Reexamination in inter partes reexamination Control No.
`
`95/001,482 for the '431 Patent.
`
`4.
`
`Attached as Exhibit 2004 is a true and correct copy of claim charts CC-E
`
`through CC-H in inter partes reexamination Control No. 95/001,483 for the '432
`
`Patent.
`
`1
`
`Fractus S.A.
`
`Ex. 2027
`
`ZTE (USA), Inc. v. Fractus S.A.; |PR2018—O1461
`Page 1 of 5
`
`
`
`I, Mark J. DeBoy (hereinafter "Declarant"), hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of Edell, Shapiro & Finnan, LLC in
`
`Gaithersburg, Maryland. Edell, Shapiro & Finnan, LLC represented Fractus, SA.
`
`in several reexaminations of U.S. Patent No. 7,015,868 ("the '868 Patent"), U.S.
`
`Patent No. 7,123,208 ("the '208 Patent"), U.S. Patent No. 7,394,432 ("the '432
`
`Patent"), and U.S. Patent No. 7,397,431 ("the '431 Patent"),
`
`including those
`
`connected with the Exhibits referenced herein.
`
`I submit this declaration based on
`
`personal knowledge.
`
`If called upon as a witness, I could and would competently
`
`testify to the truth of each statement herein.
`
`2.
`
`Attached as Exhibit 2002 is a true and correct copy of claim charts CC-E
`
`through CC-H in inter partes reexamination Control No. 95/001,482 for the ‘431
`
`Patent.
`
`3.
`
`Attached as Exhibit 2003 is a true and correct c0py of an Order Granting
`
`Request for Inter Partes Reexamination in inter partes reexamination Control No.
`
`95/001,482 for the '431 Patent.
`
`4.
`
`Attached as Exhibit 2004 is a true and correct copy of claim charts CC-E
`
`through CC-H in inter partes reexamination Control No. 95/001,483 for the '432
`
`Patent.
`
`1
`
`Fractus S.A.
`
`Ex. 2027
`
`ZTE (USA), Inc. v. Fractus S.A.; |PR2018—O1461
`Page 1 of 5
`
`
`
`5.
`
`Attached as Exhibit 2005 is a true and correct copy of an Order Granting
`
`Request for Inter Partes Reexamination in inter partes reexamination Control No.
`
`95/001,483 for the '432 Patent.
`
`6.
`
`Attached as Exhibit 2007 is a true and correct copy of Patent Application
`
`Information Retrieval
`
`(PAIR)
`
`system application
`
`data
`
`for
`
`inter partes
`
`reexamination Control No. 95/002,346 for the ‘431 Patent.
`
`7.
`
`Attached as Exhibit 2008 is a true and correct copy of a Request for Inter
`
`Partes Reexamination and Accompanying Claim Charts
`
`in
`
`inter partes
`
`reexamination Control No. 95/002,346 for the '431 Patent.
`
`8.
`
`Attached as Exhibit 2009 is a true and correct copy of Patent Application
`
`Information Retrieval
`
`(PAIR)
`
`system application
`
`data
`
`for
`
`inter partes
`
`reexamination Control No. 95/002,349 for the '432 Patent.
`
`9.
`
`Attached as Exhibit 2011 is a true and correct copy of a Request for Inter
`
`Partes Reexamination and Accompanying Claim Charts
`
`in
`
`inter partes
`
`reexamination Control No. 95/002,349 for the '432 Patent.
`
`10.
`
`Attached as Exhibit 2012 is a true and correct copy of a Declaration of
`
`Donald G. Bodnar in ex parte reexamination Control No. 90/013,023 for the '431
`
`Patent.
`
`2
`
`Fractus S.A.
`
`Ex. 2027
`
`ZTE (USA), Inc. v. Fractus S.A.; |PR2018—O1461
`Page 2 of 5
`
`
`
`l 1. Attached as Exhibit 2013 is a true and correct copy of a Notice of Intent to
`
`Issue Ex Parte Reexamination Certificate in ex parte reexamination Control No.
`
`90/013,023 for the '43] Patent.
`
`12. Attached as Exhibit 2014 is a true and correct copy of a Declaration of
`
`Donald G. Bodnar in ex parte reexamination Control No. 90/013,024 for the '432
`
`Patent.
`
`13. Attached as Exhibit 2015 is a true and correct copy of a Notice of Intent to
`
`Issue Ex Parte Reexamination Certificate in ex parte reexamination Control No.
`
`90/013,024 for the '432 Patent.
`
`14. Attached as Exhibit 2016 is a true and correct copy of a Memorandum
`
`Opinion and Order in Case No. 2:17-CV-00561-JRG (E.D. Tex.).
`
`15. Attached as Exhibit 2019 is a true and correct copy of a Civil Docket for
`
`Case No. 2:]7—CV—00561-JRG (E.D. Tex), last accessed November 22, 2018.
`
`16. Attached as Exhibit 2020 is a true and correct copy of a Joint Motion to
`
`Amend the Docket Control Order in Case No. 2: l 7-CV-00561-JRG (E.D. Tex.).
`
`17. Attached as Exhibit 2021 is a true and correct copy of a Order Amending
`
`Docket Control Order and Staying Deadlines in Case No. 2:17-CV-00561-JRG
`
`(E.D. Tex.).
`
`18. Attached as Exhibit 2022 is a true and correct copy of Grangeat Claim
`
`Charts from ex parte reexamination Control No. 90/013,023 for the '431 Patent.
`
`3
`
`Fractus S.A.
`
`Ex. 2027
`
`ZTE (USA), Inc. v. Fractus S.A.; |PR2018—O1461
`Page 3 of 5
`
`
`
`19. Attached as Exhibit 2023 is a true and correct copy of Grangeat Claim
`
`Charts from ex parte reexamination Control No. 90/013,024 for the '432 Patent.
`
`20. Attached as Exhibit 2024 is a true and correct copy of Misra II Claim Charts
`
`from ex parte reexamination Control No. 90/0] 3,023 for the '43] Patent.
`
`2]. Attached as Exhibit 2025 is a true and correct copy of Misra II Claim Charts
`
`from ex parte reexamination Control No. 90/013,024 for the '432 Patent.
`
`22. Attached as Exhibit 2026 is a true and correct copy of Statutory Disclaimers
`
`filed in the '431 and '432 Patents, including electronic filing receipts.
`
`23. Attached as Exhibit 2029 is a true and correct copy of a Decision on Request
`
`in ex parte reexamination Control No. 90/013,024 for the '432 Patent.
`
`24. Attached as Exhibit 2030 is a true and correct copy of a Decision on Request
`
`in ex parte reexamination Control No. 90/013,023 for the '43] Patent.
`
`25. Attached as Exhibit 2031 is a true and correct copy of a Decision on Request
`
`in ex parte reexamination Control No. 90/013,022 for the '208 Patent.
`
`26. Attached as Exhibit 2032 is a true and correct copy of a Decision on Request
`
`in ex parte reexamination Control No. 90/013,025 for the '868 Patent.
`
`27. Attached as Exhibit 2033 is a true and correct copy of a Request for Inter
`
`Partes Reexamination and Accompanying Claim Charts
`
`in
`
`inter partes
`
`reexamination Control No. 95/001,390 for the '868 Patent.
`
`4
`
`Fractus S.A.
`
`Ex. 2027
`
`ZTE (USA), Inc. v. Fractus S.A.; |PR2018—O1461
`Page 4 of 5
`
`
`
`28. Attached as Exhibit 2034 is a true and correct copy of a Request for Inter
`
`Partes Reexamination and Accompanying Claim Charts
`
`in inter partes
`
`reexamination Control No. 95/001,501 for the '208 Patent.
`
`29. Attached as Exhibit 2035 is a true and correct copy of a Request for Inter
`
`Partes Reexamination and Accompanying Claim Charts
`
`in inter partes
`
`reexamination Control No. 95/002,332 for the '868 Patent.
`
`30. Attached as Exhibit 2036 is a true and correct copy of a Request for Inter
`
`Partes Reexamination and Accompanying Claim Charts
`
`in
`
`inter partes
`
`reexamination Control No. 95/002,305 for the '208 Patent.
`
`I, the above-named Declarant, hereby declare that all statements made herein
`
`of my own knowledge are true and that all statements made on information and
`
`belief are believed to be true; and further that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
`
`or imprisonment, or both, under Section 1001 of Title 18 of the United States.
`
`Executed on this 7th day of December, 2018.
`
`
`
`5
`
`Fractus S.A.
`
`Ex. 2027
`
`ZTE (USA), Inc. v. Fractus S.A.; |PR2018—O1461
`Page 5 of 5
`
`
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