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`Declaration of Christopher C. Johns
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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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`NetA pp, Inc. and Hewlett Packard Enterprise Co.
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`Petitioner
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`v.
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`KOM Software Inc.
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`Patent Owner
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`Patent No. 7,536,524
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`Case No. IPR2019-00604
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`DECLARATION OF CHRISTOPHER C. JOHNS
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`I
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`Page 1 of 3
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`NETAPP-HPE EXHIBIT 1016
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`U.S. Patent No. 7,536,524
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`Declaration of Christopher C. Johns
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`I, Christopher C. Johns, declare as follows:
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`Henderson, Farabow,1. I am an attorney at the law firm of Finnegan,
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`Garrett & Dunner, LLP.
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`2. I provide this Declaration in connection with the above-identified
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`Inter Partes Review proceeding. Unless otherwise stated, the facts stated in this
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`Declaration are based on my personal knowledge. I am over eighteen years of age
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`and am competent to make this Declaration.
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`NT Fileentitled "Windows 3. Exhibit 1021 is a copy of a webpage
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`System Internals: A Developer's Guide" from www.oreilly.com. On January 22,
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`2019, I visited the Internet Archive at http://web.archive.org/ and entered the URL
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`http://www.oreilly.com:80/catalog/wininternals/
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`in the search box at the top of the
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`screen. I clicked the entry on the timeline from February 12, 1998, which resulted
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`in a URL of
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`http://web.archive.org/web/19980212230645/http:/www.oreilly.eom:80/catalog/wi
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`ninternals/. I then printed that page. Exhibit 1021 demonstrates that Windows NT
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`File System Internals: A Developer's Guide (Exhibit 1009 to the Petition) was
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`available as of September 1997.
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`4. Exhibit
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`1022 is a paper entitled "File system usage in Windows NT
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`4.0" by Werner Vogels. On January 22, 2019, I visited
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`https://dl.acm.org/citation.cfm?id=319158
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`(a copy of which is included as Exhibit
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`U.S. Patent No. 7,536,524
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`Declaration of Christopher C. Johns
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`1023) and purchased a copy of this paper from the ACM Digital Library. Page 12
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`of Exhibit 1022 lists Exhibit 1009 (item [12]) as being published in September
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`1997. This document thus also demonstrates that Exhibit 1009 was available as of
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`September 1997.
`5. I declare that all statements made herein of my knowledge are true,
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`and that all statements made on information and belief are believed to be true, and
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`that these statements were made with the knowledge that willful false statements
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`and the like so made are punishable by fine or imprisonment, or both, under
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`Section 1001 of Title 18 of the United States Code.
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`Executed on this 25th day of January 2019, in Washington, DC.
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`By:-=-
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`_ /______._,d-�-=-
`� -· _
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`Christopher C. Johns
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`2
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`Page 3 of 3
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