UNITED STA TES p A TENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`Mail Date: 04/21/2010
`
`Applicant
`Patent Number
`Issue Date
`Appliction No
`Filed
`
`Philippe Kahn
`7653508
`01/26/2010
`11/644, 455
`12/22/2006
`
`DECISION ON REQUEST FOR
`RECALCULATION of PATENT
`TERM ADJUSTMENT IN VIEW
`OF WYETH AND NOTICE OF INTENT TO
`ISSUE CERTIFICATE OF CORRECTION
`
`The Request for Recalculation is GRANTED to the extent indicated.
`The patent term adjustment has been determined to be 556 days. The USPTO will sua
`sponte
`issue a certificate of correction reflecting the amount of PTA days
`determined by the recalculation.
`
`Prior to the issuance of the certificate of correction, the USPTO will afford
`patentee an opportunity to be heard and request reconsideration. Accordingly,
`patentee has one month or thirty
`(30) days, whichever is longer,
`to file a
`request for reconsideration of this patent term adjustment calculation. See 35
`U.S.C. 154 (b) (3) (B) (ii) and 37 CFR 1.322 (a) (4). No extensions of time will be
`granted under 37 CFR 1.136.
`
`Patentee should use document code PET. OP if electronically filing a request for
`reconsideration of this patent term adjustment calculation. The patentee must
`also include the information required by 37 CFR 1. 705 (b) (2) and the fee required
`by 37 CFR 1.18(e). If patentee does not file a timely request for reconsideration
`of this patent term adjustment calculation including the information required by
`37 CFR 1.705(b) (2) and the fee required by 37 CFR 1.18(e), the USPTO will issue a
`certificate of correction reflecting the PTA determination noted above.
`
`Patentee should be aware that in order to preserve the right to review in the
`United States District Court for the District of Columbia of the US PTO patent
`term adjustment determination, patentee must ensure that he or she also take the
`steps required under 35 U.S.C. 154 (b) (4) (A)
`in a
`timely manner. Nothing in the
`request for recalculation should be construed as providing an alternative time
`frame for commencing a civil action under 35 U.S.C. 154 (b) (4) (A).
`
`~L o:n _ .. __
`
`PTOL-549G (04/10)
`
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`SAMSUNG EXHIBIT 1002
`
`

`

`Doc Code: PET.PTA.RCAL
`Document Description: Request for Recalculation in view of Wyeth
`
`PTO/SB/131 (02-10)
`Approved for use through 02/28/2011. 0MB 0651-0020
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid 0MB control number.
`
`REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT
`IN VIEW OF WYETH'
`
`~~~~=t Docket 8689PQ27
`
`~~~i~=~ion 11 /644,455
`Patent Number: ?
`653 508
`'
`'
`K h
`First Named Ph .
`•
`I 1ppe a n
`1
`Title: Human Activity Monitoring Device
`
`Inventor:
`
`Filing Date
`December 22, 2006
`(or 371 (b) or (f) Date):
`Issue Date: January 26, 2Q1 Q
`
`PATENTEE HEREBY REQUESTS RECALCULATION OF THE PATENT TERM ADJUSTMENT (PTA)
`UNDER 35 USC 154(b) INDICATED ON THE ABOVE-IDENTIFIED PATENT. THE PATENTEE'S
`SOLE BASIS FOR REQUESTING THE RECALCULATION IS THE USPTO'S PRE-WYETH
`INTERPRETATION OF 35 U.S.C. 154(b)(2)(A).
`
`Note: This form is only for requesting a recalculation of PTA for patents issued before
`March 2, 2010, if the sole basis for requesting the recalculation is the USPTO's pre-Wyeth
`interpretation of 35 U.S.C. 154(b)(2)(A). See Instruction Sheet on page 2 for more
`information.
`
`Patentees are reminded that to preserve the right to review in the United States District Court
`for the District of Columbia of the USPTO's patent term adjustment determination, a patentee
`must ensure that he or she also takes the steps required under 35 U.S.C. 154(b)(3) and (b)(4)
`and 37 CFR 1.705 in a timely manner.
`
`*Wyeth v. Kappas, No. 2009-1120 (Fed. Cir., Jan. 7, 2010).
`
`Signature /Judith Szepesi/
`
`~p~~~Typed) Judith A. Szepesi
`
`Date February 19, 2010
`
`Registration Number 39,393
`
`Note: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required in accordance with 37
`CFR 1. 33 and 11. 18. Please see 37 CFR 1.4(d) for the form of the signature. If necessary, submit multiple forms for more than one signature,
`see below*.
`
`0 *Total of 1
`
`forms are submitted.
`
`The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by
`35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 hours to complete, including gathering, preparing, and submitting the completed
`application form to the US PTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or
`suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box
`1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O.
`Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, ca/11-800-PTO-9199 and select option 2.
`
`HTC v. Uniloc Luxembourg
`
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`Page 2 of 251
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`

`

`PTO/SB/131 (02-10)
`Approved for use through 02/28/2011. 0MB 0651-0020
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid 0MB control number.
`
`Instruction Sheet for:
`REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT
`IN VIEW OF WYETH*
`(Not to be Submitted to the USPTO)
`
`This form is only for requesting a recalculation of PTA for patents issued
`before March 2, 2010, if the sole basis for requesting the recalculation is the USPTO's
`pre-Wyeth interpretation of 35 U.S.C. 154(b)(2)(A).
`
`This form must be filed within 180 days of the day the patent was granted, with the
`following exception:
`
`Patentees who received a decision from the USPTO under the USPTO's pre-Wyeth
`interpretation of 35 U.S.C. 154(b)(2)(A) may file a request for reconsideration of that decision if
`such a request for reconsideration is filed within two months of the date of the decision (37
`CFR 1.181 (f)). If the patentee's sole basis for requesting reconsideration of the decision is the
`USPTO's pre-Wyeth interpretation of 35 U.S.C. 154(b)(2)(A), the request for reconsideration
`need only state that reconsideration is being requested in view of Wyeth (this form may be
`used for this purpose if it is filed within two months of the date of the decision from the
`USPTO).
`
`Do not use this form if the application has been allowed, but not yet issued as a
`patent.
`
`1. For patents issued before March 2, 2010: A request for reconsideration under 37 CFR
`1.705(d) and the fee set forth in 37 CFR 1.18(e) are not required, provided that the patentee's
`sole basis for requesting recalculation of the PTA in the patent is the USPTO's pre-Wyeth
`interpretation of 35 U.S.C. 154(b)(2)(A) and this form is filed within 180 days of the day the patent
`was granted.
`
`2. For patents issued on or after March 2, 2010 (do not use this form): Patentees seeking a
`revised PTA in a patent issued on or after March 2, 2010, must file a request for reconsideration
`under 37 CFR 1.705(d) that complies with the requirements of 37 CFR 1.705(b)(1) and (b)(2)
`within two months of the day the patent issued.
`
`For more information, see "Notice Concerning Calculation of the Patent Term Adjustment
`With Respect to the Overlapping Delay Provision of 35 U.S.C. 154(b)(2)(A)" available on the
`US PTO Web site at http://www.uspto.gov/patents/law/notices/201 0.jsp.
`
`*Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan. 7, 2010).
`
`0 age 2
`
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`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection
`with your submission of the attached form related to a patent application or patent. Accordingly,
`pursuant to the requirements of the Act, please be advised that: (1) the general authority for the
`collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary;
`and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark
`Office is to process and/or examine your submission related to a patent application or patent. If you do
`not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
`process and/or examine your submission, which may result in termination of proceedings or
`abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1. The information on this form will be treated confidentially to the extent allowed under the
`Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from
`this system of records may be disclosed to the Department of Justice to determine whether
`disclosure of these records is required by the Freedom of Information Act.
`2. A record from this system of records may be disclosed, as a routine use, in the course of
`presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to
`opposing counsel in the course of settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of
`Congress submitting a request involving an individual, to whom the record pertains, when the
`individual has requested assistance from the Member with respect to the subject matter of the
`record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the
`Agency having need for the information in order to perform a contract. Recipients of
`information shall be required to comply with the requirements of the Privacy Act of 197 4, as
`amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in
`this system of records may be disclosed, as a routine use, to the International Bureau of the
`World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal
`agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to
`the Atomic Energy Act (42 U.S.C. 218(c)).
`7. A record from this system of records may be disclosed, as a routine use, to the Administrator,
`General Services, or his/her designee, during an inspection of records conducted by GSA as
`part of that agency's responsibility to recommend improvements in records management
`practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall
`be made in accordance with the GSA regulations governing inspection of records for this
`purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not
`be used to make determinations about individuals.
`8. A record from this system of records may be disclosed, as a routine use, to the public after
`either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent
`pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37
`CFR 1.14, as a routine use, to the public if the record was filed in an application which
`became abandoned or in which the proceedings were terminated and which application is
`referenced by either a published application, an application open to public inspection or an
`issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State,
`or local law enforcement agency, if the USPTO becomes aware of a violation or potential
`violation of law or regulation.
`
`HTC v. Uniloc Luxembourg
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`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`7051773
`
`11644455
`
`International Application Number:
`
`Confirmation Number:
`
`5415
`
`Title of Invention:
`
`HUMAN ACTIVITY MONITORING DEVICE
`
`First Named Inventor/Applicant Name:
`
`Philippe Kahn
`
`Customer Number:
`
`08791
`
`Filer:
`
`Judith A. Szepesi
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`8689P027
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`19-FEB-2010
`
`22-DEC-2006
`
`19:40:06
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`I no
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`1
`
`Request for PTA recalculation in view of
`Wyeth
`
`8689P027 _Request_for_Recalc
`ulation.pdf
`
`Warnings:
`
`Information:
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`128819
`
`no
`
`3
`
`e3f51 08b94308c9a7 c40b9503ebd2b3e6e2
`a9ac1
`
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`

`

`Total Files Size (in bytes)
`
`128819
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 181 O), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/1 OS) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
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`HTC Ex. 1002
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`

`

`UNITED STA TES p A TENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`11/644,455
`
`ISSUE DATE
`
`01/26/2010
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`7653508
`
`8689P027
`
`5415
`
`8791
`7590
`01/06/2010
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 556 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants):
`
`Philippe Kahn, Aptos, CA;
`Arthur Kinsolving, Santa Cruz, CA;
`Mark Andrew Christensen, Santa Cruz, CA;
`Brian Y. Lee, Aptos, CA;
`David Vogel, Santa Cruz, CA;
`
`IR103 (Rev. 10/09)
`
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`

`

`Number-Kind Code2(tt knDWTI)
`
`7,171,331
`7,200,517
`7,212,943
`7,220 220
`2002/0109600
`2002/0151810
`2005/0240375
`2005/0248718
`2006/0136173
`
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`us-
`us-
`us-
`--
`us-
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`us-
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`1/30/2007 Vock, et al.
`4/3/2007 Darley, et al.
`5/1/2007 Aoshima, et al.
`5/22/2007 Stubbs, et al.
`8/15/2002 Mault, James R.; et al.
`10/17/2002 Wong, Philip Um-Kong; et al.
`10/27/2005 Sugai, Yoshinori
`11/10/2005 Howell, Thomas A., et al.
`1R.; et al.
`6/22/2006
`
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`
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`
`11644455 - GAU: 2863
`
`Substitute for Form 1449/PTO
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`(use as many sheets as necessary)
`
`., Sheet
`
`2
`
`of
`
`3
`
`ii I !
`
`Application Number
`
`Filing Date
`
`First Nam.ed Inventor:
`
`Art Unit
`
`Examiner Name
`
`Comolete if Known
`11/644,455
`December 22, 2006
`Philiooe Kahn
`2856
`Not Yet Assigned
`7538.P027
`
`Attorney Docket Number
`
`Examiner
`Initials'
`
`Cite No.
`
`U.S. PATENT DOCUMENTS
`Publication Date
`MM·DD-YYYY
`
`Document Number
`
`Name of Patentee or
`Applicant of Cited Document
`
`Pages, Columns, Lines.
`Where Relevant
`Passages or Relev;; nt
`Figures Appear
`
`Examiner
`Initials'
`
`Cite
`No.'
`
`Foreian Patent Document
`
`FOREIGN PATENT DOCUMENTS
`Name of Patentee or
`Publication
`Applicant of Cited Document
`Date
`MM·OO-YYYY
`
`Country Code' Number' Kind Code'
`(ifknown)
`
`Pages, Columns,
`Lines, Where Relevant
`Passages or Relevant
`Figures Appear
`
`TB
`
`(cid:127) ---
`
`Examiner
`Si
`ature
`
`/Edward Cosimanoi
`
`Date Considered
`
`08/22i2009
`
`•EXAMINER: Initial if reference considered, whether or not citation Is in conformance with MPEP 609; Draw line through citation if not in conformance and not
`considered. Include copy of this form with next communication to applicant. 'Applicant's unique citation designation number (optional). 2See Kinds Codes c>f
`USPTO Patent Documents at www.uspto gov or MPEP 901 .04. 3Enter Office that issued the document, by the two-letter code (WIPO Standard ST.3). •For
`Japanese patent documents, the indication of the year of reign of the Emperor must precede the serial number of the patent document. 5Kind of document by
`the appropriate symbols as indicated on the document under WIPO Standard ST. 16 if possible. 8Applicant is to place a check mark here if English langua11e
`translation is attached.
`This collection of Information is required by 37 CFR 1.97 and 1.98. The information is required to obtain or retain a benefit by the public which is to file (and by
`:he USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 2 hours to com~lete
`mcluding gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of lime you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer,
`U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SENT FEES OR COMPLETED FORMS TO THIS ADDRESS.
`SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
`If you need assistance In completing the form, call 1-800-PT0-9199 (1-800-786-9199) and select option 2.
`
`Based on Form PTO/SB/08B (08-03) as modified by BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN LLP on 09/10/03.
`
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`

`

`Receipt date: 12/03/2008
`
`11644455 - GAU: 2863
`
`i
`
`Substitute for Form 1449/PTO
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`
`(use as many sheets as necessary)
`
`Sheet
`
`I
`
`of
`
`2
`
`Filing Date
`
`First Named Inventor:
`
`Comolete if Known
`11/644.455
`Application Number
`December 22. 2006
`Philiooe Kahn. et al.
`2856
`Kwok. Helen C.
`8689P027
`
`Art Unit
`
`Examiner Name
`
`Attorney Docket Number
`
`U.S. PATENT DOCUMENTS
`Publication Date
`MM·DD-YYYY
`
`Document Number
`
`Name of Patentee or
`Applicant of Cited Document
`
`Number-Kind Code2
`
`(11 known)
`
`Pages, Columns, Lines ,
`Where Relevant
`Passages or Relevant
`Figures Appear
`
`6.836.744 BJ
`6,941,239 82
`T,38~.61 .t
`2007 /0063850 A 1
`
`12/28/2004 Asphahani. et al.
`9/6/2005 U numa. et al.
`2/12/2008 Klees, et al.
`3/22/2007 Devaul; Richard W.; et al.
`
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`Examiner
`Initials·
`
`Cite No.
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`ForeiQn Patent Document
`
`FOREIGN PATENT DOCUMENTS
`Publication
`Name of Patentee or
`Date
`Applicant of Cited Document
`MM-DD-YYYY
`
`Country Cod;,; Kumb;,r• Kind Cod;,,
`(i.fkoowuJ
`
`I
`
`Pages , Columns,
`Lines, Where Relevant
`Passages or Relevant
`Figures Appear
`
`T•
`
`.
`
`Ex,1111ine r
`Si ' na ture
`
`Date Conside red
`
`08/22/2009
`
`iEdward Cosimano/
`"EXAMINER : Initial if reference considered, whether or not citation is in conformance with MPEP 609; Draw line through citation ii not in conformance and not
`considered. Include copy of this form with next communication to applicant. 'Applicant's unique citation designation number (optional). 2See Kinds Codes or
`USPTO Patent Documents at www.uspto .gov or MPEP 901 .04. 3Enter Office that issued the document, by the two-letter code (WIPO Standard ST.3). "For
`Japanese patent documents, the indication of the year of reign of the Emperor must precede the serial number of the patent document. "Kind of document t,y
`the appropriate symbols as indicated on the document under WIPO Standard ST. 16 if possible. 6Applicant is to place a check mark here if English languag,3
`translation is attached.
`This collection of information is required by 37 CFR 1.97 and 1.98. The information is required to obtain or retain a benefit by the public which is to file (and !Jy
`lhe USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 2 hours to complete
`,ncluding gathering, preparing , and submitting the completed application form to the USPTO. Time will vary depending upon the individual case . Any
`comments on the amount of time you require to complete this lorn, and/or suggestions for reducing this burden , should be sent to the Chief lnfom,ation Officer,
`U.S Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SENT FEES OR COMPLETED FORMS TO THIS ADDRESS.
`SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
`If you need assistance In completing the form, call 1-800-PTO-9199 (1-800-786-9199) and select option 2.
`
`Based on Form PTO/S8/08A (08-03) as modified by BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN LLP on 09/10/03.
`
`HTC v. Uniloc Luxembourg
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`Page 9 of 251
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`HTC Ex. 1002
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`Page 9 of 251
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`

`

`PART B- FEE(S) TRANSMITTAL
`, ·
`.
`"
`t
`(
`Complete lind send this form, together wit!. -.t'Plicable fee(s), to: .M!il Mail Stop ISSUE ·1- .,,E
`Commissioner for Patents
`· P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Eu (571)-273-2885
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Note: u,e Block I for any change of address)
`
`'
`
`Note: A cert1hcate of matlmg can only be used for domestic matlmgs of the
`Fee{s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`
`11 /30/2009
`8791
`7590
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`Certificate of Transmission
`I hereby certify that this Fce(s) Transmittal is being submi tted
`electronkall y via EFS Web on the date shown below.
`
`Judith A . S zepe s i
`
`/ Judith Sz e pesi /
`
`December 9, 2 0 09
`
`(Depos itor's name)
`
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/22/2006
`11 /644,455
`TITLE OF INVENTION: HUMAN ACTIVITY MONITORfNG DEVICE
`
`Philippe Kahn
`
`8689P027
`
`5415
`
`APPLN . TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY . PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`NO
`
`$1510
`
`$0
`
`$0
`
`$1510
`
`03/01/2010
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`COSIMANO, EDWARD R
`
`2863
`
`702-160000
`
`I. Change of correspondence address or indication of "Fee Address" (3 7
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/ 122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication forrn
`PTO/SB/47; Rev 03-02 or more recent) attached. Use ofa Customer
`Number is required.
`
`2. For printing on the patent front page, list
`(I) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listco, no name will be printed.
`
`I Blakely, Sokol o ff,
`
`2 Tay lor & Zafman, LLP
`
`3 Judith A . Sz e p es i
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE : Unless an assignee is identified below, no assignee data will appear on the patent. If an _assignee is identified below, the document has been filed for
`recordation as set forth in 3 7 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`DP TECHNOLOGIES,
`
`INC.
`
`Scotts Valley, California
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 129 Corporation or other private group entity O Government
`
`4a. The following fee(s) are submitted:
`~ Issue Fee
`0 Publication Fee (No small entity discount permitted)
`0 Advance Order - # of Copies ________ _
`
`4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above)
`0 A check is enclosed.
`0 Payment by credit card. Form PTO-2038 is attached.
`~The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number 02 - 26 66
`(enclose an extra copy of this form),
`
`5. Change in .Entity Status (from status indicated above)
`0 b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR I .27(g){2).
`0 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature ___ / _J_u_d_i_· t_h __ s _z_e-=p_e_s_i _/ _________ _
`
`Date
`
`December 9 , 2009
`
`Typed or printed name ___ J_u_d_i_· _t_h_A_._s_z_e~p_e_s_i _ ___ _ ___ _
`
`Registration No. __ 3_9_,_3_9_3 _ _ __ __ ____ _
`
`This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is g;overned by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, prepanng, and
`submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you reciuire to com!)_lete
`this form and/or sugiiestions for reducing this burden, should be sent to the Chief lnfonnation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313- J 450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid 0MB control number ..
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31 /2010.
`
`0MB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
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`HTC Ex. 1002
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`

`

`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`11644455
`
`22-Dec-2006
`
`Title of Invention:
`
`HUMAN ACTIVITY MONITORING DEVICE
`
`First Named Inventor/Applicant Name:
`
`Philippe Kahn
`
`Filer:
`
`Judith A. Szepesi/Joan Abriam
`
`Attorney Docket Number:
`
`8689P027
`
`Filed as Large Entity
`
`Utility under 35 USC 111 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USO($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Utility Appl issue fee
`
`1501
`
`1
`
`1510
`
`1510
`
`Extension-of-Time:
`
`HTC v. Uniloc Luxembourg
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`Page 11 of 251
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`

`

`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USO($)
`
`Miscellaneous:
`
`Total in USD ($)
`
`1510
`
`HTC v. Uniloc Luxembourg
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`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`6607065
`
`11644455
`
`International Application Number:
`
`Confirmation Number:
`
`5415
`
`Title of Invention:
`
`HUMAN ACTIVITY MONITORING DEVICE
`
`First Named Inventor/Applicant Name:
`
`Philippe Kahn
`
`Customer Number:
`
`08791
`
`Filer:
`
`Judith A. Szepesi
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`8689P027
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`09-DEC-2009
`
`22-DEC-2006
`
`22:26:20
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`I no
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`211575
`
`1
`
`Issue Fee Payment (PTO-85B)
`
`8689P027 _lssue_Fee.pdf
`
`no
`
`1
`
`abbd 7&l c4 9054e34 24 7 e34 79a68a3 cffb3 0
`Of785
`
`Warnings:
`
`Information:
`
`HTC v. Uniloc Luxembourg
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`HTC Ex. 1002
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`Page 13 of 251
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`

`

`2
`
`Fee Worksheet (PT0-875)
`
`fee-info.pdf
`
`no
`
`2
`
`30374
`
`0c8974e0bc560db03576dd44518584e6f3E
`176dd
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes)
`
`241949
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New A~~lications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International A~~lication under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/