`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`DECLARATION OF WARREN SMITH
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313–1450
`
`DMSLIBRARY01\33149038.v1
`
` MAHLE-1014
`U.S. Patent No. RE38,844
`
`
`
`I, Warren Smith, declare, certify, and state as follows:
`
`1.
`
`I possess advanced knowledge of the Japanese and English languages.
`
`My qualifications are as follows.
`
`2.
`
`I received my bachelors of science in Physics from Brigham Young
`
`University, with minors in Japanese and Mathematics. I received an MBA from
`
`Brigham University Marriott School of Business, during which time I received a
`
`Fulbright Graduate Research Fellowship to study operations management in Ja-
`
`pan. I received a doctorate in business administration (DBA) from the Harvard
`
`University Graduate School of Business, where I studied technology strategy, dur-
`
`ing which time I took graduate level engineering courses at Massachusetts Institute
`
`of Technology through cross-registration.
`
`3.
`
`I served as a member of the “Flying Squad” (the elite team of press
`
`and VIP interpreters) at the Los Angeles Olympics in 1984. (The “Flying Squad”
`
`was so named because its members were forbidden to be out of communication
`
`during the period of the Olympic Games, and agreed to be available to be airlifted,
`
`by helicopter, to handle emergency situations (natural disaster, terrorist incident,
`
`etc.) beyond the ability of lower-level interpreters.)
`
`4.
`
`Following graduation from college, I worked as a semiconductor
`
`process engineer for Signetics Corp. in the United States for two years (1986 -
`
`DMSLIBRARY01\33149038.v1
`
`1
`
`
`
`1988), and during my time as a Fulbright scholar (from 1988-1989), I worked in
`
`Japan as a semiconductor process engineer for Mitsubishi Electric Company.
`
`5.
`
`For the past thirty-four years I have run my own consulting company,
`
`JETS: Japanese-English Technology Services, where I primarily translate Japanese
`
`patents and technical documents, among other translation services and linguistic
`
`and engineering consulting services. I am considered by many to be the most ex-
`
`perienced translator in the industry today. I have given presentations in translator
`
`conferences in the United States, Japan, and Europe, and have also been a guest
`
`lecturer in universities teaching the art of translation.
`
`6.
`
`Through my company, I work as a consultant for various translation
`
`agencies, and various attorneys, for which I translate Japanese patents and related
`
`documents into English, consult on technical issues, perform expert witness work,
`
`and the like.
`
`7.
`
`I reviewed the original document entitled Japanese Unexamined Pat-
`
`ent Application Publication No. H10-37812 (“Abe”) and translated it faithfully
`
`from Japanese to English. It is my understanding that Abe has been submitted as
`
`Exhibit 1008, and that my translation of Abe has been submitted as Exhibit 1009.
`
`8.
`
`The translation submitted as Exhibit 1009 is, to the best of my knowl-
`
`edge and belief, a true and accurate translation from Japanese to English of Abe.
`
`DMSLIBRARY01\33149038.v1
`
`2
`
`
`
`9.
`
`In signing this declaration, I recognize that the declaration will be
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board of
`
`the United States Patent and Trademark Office. I also recognize that I may be sub-
`
`ject to cross-examination in the case and that cross-examination will take place
`
`within the United States. If cross-examination is required of me, I will appear for
`
`cross-examination within the United States during the time allotted for cross-
`
`examination.
`
`DMSLIBRARY01\33149038.v1
`
`3
`
`
`
`
`
`I 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 Code.
`
`Executed this 2nd day of October, 2018.
`
`Respectfully Submitted,
`
`_________________________
`Warren Smith
`
`DMSLIBRARY01\33149038.v1
`
`4
`
`