7715068
`
`I I •
`
`11_
`
`IS
`
`IMAIBIS,WAREIAMIIIIESItt PRESENT% $jakin ifteMtil
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`March 19, 2019
`
`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF:
`
`APPLICATION NUMBER: 10/049,101
`FILING DATE: July 23, 2002
`PATENT NUMBER: 7475246
`ISSUE DATE: January 06, 2009
`
`Certified by
`
`Under Secretary of Commerce
`for Intellectual Property
`and Director of the United States
`Patent and Trademark Office
`
`•
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0001
`
`

`

`PTO/SB/17 (10-01)
`or use through 10/31/2002. OMB 0651-0032
`Ap
`U.S. Patent and Trader
`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 OMB control number.
`
`Comlete if Known
`0/21
`PCp T/US0
`189
`02/08/2002
`
`/0/049107
`dC13 Reed PCT/PTO 0 8 FEB 2002
`
`Application Number
`
`Filing Date
`
`First Named Inventor Scott Moskowitz et at.
`
`•
`FEE TRANSMITTAL
`for
`
`FY
`
`2002
`
`Patent fees are subject to annual revision.
`
`Examiner Name
`
`- Group Art Unit
`
`TOTAL AMOUNT OF PAYMENT
`
`($)
`
`Attorney Docket No.
`
`80408.0011
`
`METHOD OF PAYMENT
`The Commissioner is hereby authorized to charge
`1. V
`indicated fees and credit any overpayments to:
`Deposit
`Account
`Number
`Deposit
`Wiley Rein & Fielding, LLP
`Account
`Floyd Chapman
`Name
`2 Charge Any 7FARdichitio6naanldFele17Required
`
`50-1129
`
`FEE CALCULATION (continued)
`3. ADDITIONAL FEES
`Large
`Small
`Entity
`Entity
`Fee Fee Fee Fee
`Code ($) Code ($)
`105 130 205 65 Surcharge - late filing fee or oath
`
`Fee Description
`
`127
`
`50 227
`
`25 Surcharge - late provisional filing fee or
`cover sheet
`
`]
`
`Fee Paid
`
`2.
`
`Applicant claims small entity status.
`See 37 CFR 1.27
`Payment Enclosed:
`Credit card
`Check
`
`Other
`
`Fee Paid
`
`370.00
`
`li Money
`Order
`FEE CALCULATION
`1. BASIC FILING FEE
`Large Entity Small Entity
`Fee Fee Fee Fee Fee Description
`Code ($) Code ($)
`101 740 201 370 Utility filing fee
`206 165 Design filing fee
`106 330
`107 510 207 255 Plant filing fee
`108 740 208 370 Reissue filing fee
`114 160 214 80 Provisional filing fee
`SUBTOTAL (1) ($) 370.00
`2. EXTRA CLAIM FEES
`Extia Claims
`
`-20" = 1 11 I x I,
`4 x II
`- 3— =
`
`Total Claims
`Independent
`Claims
`Multiple Dependent
`
`3
`
`7
`
`Fee from
`below Fee Paid
`1 499'00 I
` 4168.00 1
`I
`40.00
`
`Large Entity Small Entity
`Fee Fee Fee Fee
`Code (S) Code ($)
`9
`103 18 203
`84
`202 42
`102
`104 280
`204 140
`209 42
`109 84
`
`110 18 210
`
`9
`
`Fee Description
`
`Claims in excess of 20
`Independent claims in excess of 3
`Multiple dependent claim, if not paid
`— Reissue independent claims
`over original patent
`— Reissue claims in excess of 20
`and over original patent
`
`139 130 139 130 Non-English specification
`147 2,520 147 2,520 For filing a request for ex page reexamination
`112 920' 112 920' Requesting publication of SIR prior to
`Examiner action
`113 1,840* 113 1,840* Requesting publication of SIR after
`Examiner action
`55 Extension for reply within first month
`115 110 215
`116 400 216 200 Extension for reply within second month
`117 920 217 460 Extension for reply within third month
`118 1,440 218 720 Extension for reply within fourth month
`
`128 1,960 228 980
`
`Extension for reply within fifth month
`119 320 219 160 Notice of Appeal
`120 320 220 160 Filing a brief in support of an appeal
`121 280 221 140 Request for oral hearing
`138 1,510 138 1,510 Petition to institute a public use proceeding
`140 110 240 55 Petition to revive- unavoidable
`141 1,280 241 640 Petition to revive - unintentional
`142 1,280 242 640 Utility issue fee (or reissue)
`143 460 243 230 Design issue fee
` 144 620 244 310 Plant issue fee
`122 130 122 130 Petitions to the Commissioner
`
`50 123
`123
`50 Processing fee under 37 CFR 1.17(q)
`126 180 126 180 Submission of Information Disclosure Stmt
`
`581
`
`40 581 40 Recording each patent assignment per
`property (times number of properties)
`
`146 740 246 370 Filing a submission after final rejection
`(37 CFR § 1.129(a))
`149 740 249 370 For each additional invention to be
`examined (37 CFR § 1.129(b))
`
`179 740 279 370 Request for Continued Examination (RCE)
`
`169 900 169 900 Request for expedited examination
`of a design application
`
`SUBTOTAL (2)
`
`($) 637.00
`
`Other fee (specify)
`
`**or number previously paid, if greater: For Reissues, see above
`
`*Reduced by Basic Filing Fee Paid
`
`SUBTOTAL (3) ($)
`
`637.00
`
`SUBMITTED BY
`Name (Prinlfrype)
`
`Signature
`
`Floyd B. Chapman
`
`1,0706 egboim )
`
`I RoternterawAtiogennr.
`
`1 40,555
`
`Complete (i1 eppliceble)
`Telephone 202/719-7000
`
`Date
`
`02/08/2002
`
`WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`Burden Hour Statement: This form is estimated to lake 0.2 hours to complete. Time will vary depending upon the needs of the individual case. Any comments on
`the amount of time you are required to complete this form should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, Washington, DC
`20231. DO NOT SEND FEES OR COMPLETED FORMS TO 11-1IS ADDRESS. SEND TO: Assistant Commissioner for Patents, Washington, DC 20231.
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0002
`
`

`

`PTO/SB/17 (10-01)
`A
`for use through 10/31/2002. OMB 0651-0032
`Office; U.S. DEPARTMENT OF COMMERCE
`U.S. Patent and Trad
`Under the Paperwork Reduction Acid 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`1
`
`Complete if Known
`
`10/ 0491 07
`413 Rec'd PCT/RIO 0 8 FEB 2002
`
`•
`FEE TRANSMITTAL
`for FY 2002
`
`I
`
`Fee Paid
`
`640.00
`
`Application Number
`
`PCT/US00/21189
`
`Filing Date
`
`02/08/2002
`
`First Named Inventor Scott Moskowitz et al.
`
`Patent fees are subject to annual revision.
`
`Examiner Name
`
`Group Art Unit
`
`..TOTAL AMOUNT OF PAYMENT
`
`($)
`
`Attorney Docket No.
`
`80408.0011
`
`FEE CALCULATION (continued)
`3. ADDITIONAL FEES
`Large
`Small
`Entity
`Entity
`Fee Fee Fee Fee
`Code ($) Code ($)
`105 130 205 65 Surcharge - late filing fee or oath
`
`Fee Description
`
`127
`
`50 227 25 Surcharge - late provisional filing fee or
`cover sheet
`
`139 130 139 130 Non-English specification
`147 2,520 147 2,520 For filing a request for ex parte reexamination
`112 920* 112 920* Requesting publication of SIR prior to
`Examiner action
`113 1.840* 113 1.840' Requesting publication of SIR after
`Examiner action
`115 110 215 55 Extension for reply within first month
`116 400 216 200 Extension for reply within second month
`117 920 217 460 Extension for reply within third month
`118 1,440 218 720 Extension for reply within fourth month
`
`Other
`
`Fee Paid
`
`METHOD OF PAYMENT
`1. ❑The Commissioner is hereby authorized to charge
`indicated fees and credit any overpayments to:
`Deposit
`Account
`Number
`Deposit
`Account
`Name
`
`Wiley Rein & Fielding, LLP
`Floyd Chapman
`
`50-1129
`
`V
`
`Charge Any Additional Fee Required
`Under 37 CFR 1.16 and 1.17
`Applicant claims small entity status
`See 37 CFR 1.27
`2. V Payment Enclosed:
`IM Credit card
`Check
`
`Money
`Order
`FEE CALCULATION
`1. BASIC FILING FEE
`Large Entity Small Entity
`Fee Fee Fee Fee Fee Description
`Code ($) Code ($)
`101 740 201 370 Utility filing fee
`
`206 165 Design filing fee
`106 330
`107 510 207 255 Plant filing fee
`108 740 208 370 Reissue filing fee
`114 160
`214
`80 Provisional filing fee
`
`
`
`SUBTOTAL (1) ($)
`2. EXTRA CLAIM FEES
`Extra
`-20** =
`- 3— =
`
`s
`
`x
`
`4
`Fee from
`below Fee Paid
`I
`I
`4
`J
`4_
`
`Q
`
`Total Claims
`Independent
`Claims
`Multiple Dependent
`
`Large Entity Small Entity
`Fee Fee Fee Fee
`Code ($) Code ($)
`9
`103 18 203
`102 84
`202 42
`
`104 280
`
`204 140
`
`109 84
`
`209 42
`
`Fee Description
`
`Claims in excess of 20
`Independent claims in excess of 3
`Multiple dependent claim, it not paid •
`"Reissue independent claims
`over original patent
`
`110 18 210
`
`9
`
`— Reissue claims in excess of 20
`and over original patent
`
`128 1.960 228 980
`
`Extension for reply within fifth month
`119 320 219 160 Notice of Appeal
`120 320 220 160 Filing a brief in support of an appeal
`121 280 221 140 Request for oral hearing
`138 1,510 138 1,510 Petition to institute a public use proceeding
`140 110 240 55 Petition to revive - unavoidable
`141 1,280 241 640 Petition to revive - unintentional
`142 1,280 242 640 Utility issue fee (or reissue)
`143 460 243 230 Design issue fee
`144 620 244 310 Plant issue fee
`122 130 122 130 Petitions to the Commissioner
`50 123 50 Processing fee under 37 CFR 1.17(q)
`126 180 126 180 Submission of Information Disclosure Simi
`
`123
`
`581
`
`40 581 40 Recording each patent assignment per
`property (times number of properties)
`
`146 740 246 370 Filing a submission after final rejection
`(37 CFR § 1.129(a))
`149 740 249 370 For each additional invention to be
`examined (37 CFR § 1.129(b))
`
`179 740 279 370 Request for Continued Examination (RCE)
`
`169 900 169 900 Request for expedited examination
`of a design application
`
`SUBTOTAL (2)
`
`($)
`
`Other fee (specify)
`
`**or number previously paid, if greater; For Reissues, see above
`
`*Reduced by Basic Filing Fee Paid
`
`SUBTOTAL (3)
`
`($)
`
`640.00
`
`SUBMITTED BY
`Name (Print/Type)
`
`Floyd B. Chapman
`
`Signature
`
`;VezItS2A char>710,,,
`
`en nr . 140 ,555
`I R(21goirnstefay/Agtio
`
`Complete (if applicable)
`Telephone 202/719-7000
`
`k Date
`
`02/08/2002
`WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`Burden Hour Statement: This form is estimated to take 0.2 hours to complete. Time will vary depending upon the needs of the individual case. Any comments on
`the amount of time you are required to complete this form should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, Washington, DC
`20231. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Assistant Commissioner for Patents, Washington, DC 20231.
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0003
`
`x
`

`

`•
`
`•ttorney Docket No.: 80408.0011
`
`ASSIGNMENT FOR PATENT APPLICATION
`
`WHEREAS, WE, Scott A. Moskowitz whose address is 16711 Collins Avenue,
`#2505, Miami, Florida 33160 and Michael Berry whose address is 12401 Princess Jeanne,
`Albuquerque, New Mexico 87112 have invented a new and useful invention and improvements
`to the subject matter of:
`
`A SECURE PERSONAL CONTENT SERVER
`
`described in an application for United States Letters Patent filed on February 4, 2002, and
`accorded Application No.10/049,101;
`
`AND, WHEREAS, Blue Spike, a corporation organized under the laws of the
`State of Florida, having a place of business located at 16711 Collins Avenue, #2505, Miami, FL
`33160 (hereinafter "ASSIGNEE"), is desirous of acquiring certain rights to said invention and
`under the applications, which corresponds to International Application No. PCIYUS00/21189,
`which claims priority to U.S. Provisional Application No. 60/213,489 filed June 23, 2000, which
`claims priority to U.S. Provisional Application No. 60/147,134 filed August 4, 1999;
`
`NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) or the
`equivalent thereof, and other good and valuable consideration, receipt of which is hereby
`acknowledged, we do hereby sell, assign and transfer unto said ASSIGNEE, its successors,
`assigns and legal representatives, our entire right, title and interest in and throughout the United
`States of America (including its territories and dependencies) and all countries foreign thereto in
`and to said invention and improvements, said United States application, any other United States
`applications, including provisional, divisional, renewal, substitute, continuation, reexamination
`and reissue applications, based in whole or in part on said United States application or in whole
`or in part on said invention and improvements, any foreign applications, including international
`and regional applications, based in whole or in part on any of the aforesaid United States
`applications or in whole or in part on said invention and improvements, and in and to any and all
`letters patent, including extensions thereof, of any country which have been or may be granted on
`any of the aforesaid applications or on said invention and improvements or any parts thereof;
`
`AND WE hereby authorize, Wiley Rein & Fielding LLP, whose address is 1776 K
`Street, NW, Washington, D.C., 20006, to insert hereon any identification necessary or desirable
`for recordation of this document, including the filing date and application number of said
`application when known;
`
`AND WE hereby agree for ourselves and our heirs, executors and administrators
`to execute without further consideration any further documents and instruments which may be
`necessary, lawful and proper in the prosecution of said above-referenced applications or in the
`preparation or prosecution of any continuing, substitute, divisional, renewal, reexamination or
`reissue application or in any amendments, extensions or interference proceedings, that may be
`necessary to secure to ASSIGNEE its interest and title in and to said invention or any parts
`thereof, and in and to said several patents or any of them;
`
`WILEY REIN & FIELDING LLP
`1776 K STREET, N.W.
`WASHINGTON, D.C. 20006
`202.719.7000 (TELEFHOTIE) 202.719.7049 (FACSIMILE)
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0004
`
`

`

`DUPLICATE *Attorney Docket No: 80408.0011
`
`AND WE hereby covenant for ourselves and our legal representatives, and agree
`with said ASSIGNEE, its successors and assigns, that we have granted no right or license to
`make, use, sell or offer to sell said invention, to anyone except said ASSIGNEE, that prior to
`th3e execution of this deed, our right, title and interest in said invention has not been otherwise
`encumbered, and that we have not and will not execute any instrument in conflict therewith;
`
`AND WE do hereby authorize and request the United States Commissioner for
`Patents to issue any and all letters patent, which may be granted upon said United States
`applications, or upon said invention or any parts thereof when granted, to said ASSIGNEE.
`
`IN WITNESS WHEREOF, we have hereunto set our hands and seals.
`
`Date
`
`-
`
`Co
`Date
`
`SCOTT A. MOSKOWITZ
`
`L BE
`
`County of
`State of
`On this
`day of
`, 2002, before me a Notary Public in and for the
`County and State aforesaid, personally appeared SCOTT A. MOSKOWITZ, who is personally
`known to me or who produced
`as identification, and who signed
`and sealed the foregoing instrument, and acknowledged the same to be of his free act and deed.
`
`(Seal)
`
`County of
`State of
`
`Notary Public:_
`My Commission Expires:
`
`On this
`day of
`, 2002, before me a Notary Public in and for the
`County and State aforesaid, personally appeared MICHAEL BERRY, who is personally known
`to me or who produced
`as identification, and who signed and
`sealed the foregoing instrument, and acknowledged the same to be of his free act and deed.
`
`(Seal)
`
`Notary Public:_
`My Commission Expires:
`
`WILEY REIN & FIELDING LLP
`1776 K STREET, N.W.
`WASHINGTON, D.C. 20006
`202-719.7000 (1eLEPHoNe) 202.719.7049 (F4C5040-E)
`
`Page 2 of 2
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0005
`
`

`

`•
`
`DUPLICATPttorney Docket No.: 80408.0011
`
`ASSIGNMENT FOR PATENT APPLICATION
`
`WHEREAS, WE, Scott A. Moskowitz whose address is 16711 Collins Avenue,
`#2505, Miami, Florida 33160 and Michael Berry whose address is 12401 Princess Jeanne,
`Albuquerque, New Mexico 87112 have invented a new and useful invention and improvements
`to the subject matter of:
`
`A SECURE PERSONAL CONTENT SERVER
`
`described in an application for United States Letters Patent filed on February 4, 2002, and
`accorded Application No.10/049,101;
`
`AND, WHEREAS, Blue Spike, a corporation organized under the laws of the
`State of Florida, having a place of business located at 16711 Collins Avenue, #2505, Miami, FL
`33160 (hereinafter "ASSIGNEE"), is desirous of acquiring certain rights to said invention and
`under the applications, which corresponds to International Application No. PCT/US00/21189,
`which claims priority to U.S. Provisional Application No. 60/213,489 filed June 23, 2000, which
`claims priority to U.S. Provisional Application No. 60/147,134 filed August 4, 1999;
`
`NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) or the
`equivalent thereof, and other good and valuable consideration, receipt of which is hereby
`acknowledged, we do hereby sell, assign and transfer unto said ASSIGNEE, its successors,
`assigns and legal representatives, our entire right, title and interest in and throughout the United
`States of America (including its territories and dependencies) and all countries foreign thereto in
`and to said invention and improvements, said United States application, any other United States
`applications, including provisional, divisional, renewal, substitute, continuation, reexamination
`and reissue applications, based in whole or in part on said United States application or in whole
`or in part on said invention and improvements, any foreign applications, including international
`and regional applications, based in whole or in part on any of the aforesaid United States
`applications or in whole or in part on said invention and improvements, and in and to any and all
`letters patent, including extensions thereof, of any country which have been or may be granted on
`any of the aforesaid applications or on said invention and improvements or any parts thereof;
`
`AND WE hereby authorize, Wiley Rein & Fielding LLP, whose address is 1776 K
`Street, NW, Washington, D.C., 20006, to insert hereon any identification necessary or desirable
`for recordation of this document, including the filing date and application number of said
`application when known;
`
`AND WE hereby agree for ourselves and our heirs, executors and administrators
`to execute without further consideration any further documents and instruments which may be
`necessary, lawful and proper in the prosecution of said above-referenced applications or in the
`preparation or prosecution of any continuing, substitute, divisional, renewal, reexamination or
`reissue application or in any amendments, extensions or interference proceedings, that may be
`necessary to secure to ASSIGNEE its interest and title in and to said invention or any parts
`thereof, and in and to said several patents or any of them;
`
`Waxy REIN & FIELDING LLP
`1776 IC STREET, N.W.
`WASHINGTON, D.C. 20006
`202.719.7000 (TELEPHONE) 202719.7049 (FACSIMILE)
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0006
`
`

`

`DUPL1CATattorney Docket No: 80408.0011
`
`AND WE hereby covenant for ourselves and our legal representatives, and agree
`with said ASSIGNEE, its successors and assigns, that we have granted no right or license to
`make, use, sell or offer to sell said invention, to anyone except said ASSIGNEE, that prior to
`th3e execution of this deed, our right, title and interest in said invention has not been otherwise
`encumbered, and that we have not and will not execute any instrument in conflict therewith;
`
`AND WE do hereby authorize and request the United States Commissioner for
`Patents to issue any and all letters patent, which may be granted upon said United States
`applications, or upon said invention or any parts thereof when granted, to said ASSIGNEE.
`
`IN WITNESS WHEREOF, we have hereunto set our hands and seals.
`
`( 1?7°2
`Da e
`
`Date
`
`SCOTT A. MOSKO
`
`MICHAEL BERRY
`
`County of
`e -
`FC.-0
`,D A
`State of
` day of fU i y , 2002, before me a Notary Public in and for the
`On this
`/
`County and State aforesaid, personally appeared SCOTT A. MOSKOWITZ, who is personally
`known to me or who produced
` as identification, and who signed
`I) L.-
`and sealed the foregoing instrument, and acknowledged the same to be of his free act and deed.
`
`(Seal)
`
`IVAVOI4SIR9IE
`Nolcry Pubic - State of Hasid('
`*Gambian Eiplres Mot ZOS
`Comrrinion 00007707
`
`41.10 11111MEMPring
`
`County of
`State of
`
`Notary Public:.
`My Commission Expires:
`
`On this
`day of
`, 2002, before me a Notary Public in and for the
`County and State aforesaid, personally appeared MICHAEL BERRY, who is personally known
`to me or who produced
`as identification, and who signed and
`sealed the foregoing instrument, and acknowledged the same to be of his free act and deed.
`
`(Seal)
`
`Notary Public:.
`My Commission Expires:
`
`WILEY REIN & FIELDING LLP
`1776 K STREET, N.W.
`WASHINGTON, D.C. 20006
`202.719.7000 (TELEPHONE) 202.719.7049 (FAcsDiELE)
`
`Page 2 of 2
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0007
`
`

`

`10/049101
`PATENT APPLICATION SERIAL NO.
`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`FEE RECORD SHEET
`
`02/12/2002 NGUYEN 00000131 501129 10049101
`
`02 FC:959
`03 FC:967
`04 FC:965
`
`370.00 CH
`99.00 CH
`168.00 CH
`
`PTO-1556
`(5/87)
`
`'U.S. GPO: 2000-468-987139595
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0008
`
`

`

`Application or Docket Number
`
`PATENT APPLICATION .-EE DETERMINATION RECORD
`Effective October 1, 2001
`
`I
`110/049101
`
`CLAIMS AS FILED - PART I
`Column 1)
`
`(Column 2
`
`SMALL ENTITY
`TYPE CTI
`
`OTHER THAN
`OR SMALL ENTITY
`
`TOTAL CLAIMS
`
`FOR
`
`NUMBER FILED
`
`NUMBER EXTRA
`
`TOTAL CHARGEABLE CLAIMS
`
`INDEPENDENT CLAIMS
`
`3D minus 20= *
`7
`minus 3 =
`
`I 0
`
`MULTIPLE DEPENDENT CLAIM PRESENT
`
`* If the difference in column 1 is less than zero, enter "0" in column 2
`
`I
`
`RATE
`FEE
`BASIC FEE 37 0
`
`X$ 9=
`
`V
`
`X42=
`
`/
`
`RATE
`
`FEE
`
`BASIC FEE
`
`X$18=
`
`X84=
`
`OR
`
`OR
`
`OR
`
`+140=
`
`7
`
`TOTAL
`
`OR
`
`+280=
`
`OR TOTAL
`
`Column 3
`
`PRESENT
`EXTRA
`
`=
`
`0
`
`SMALL ENTITY
`
`ADDI-
`TIONAL
`FEE
`
`RATE
`
`X$ 9=
`
`X42=
`
`+140=
`
`OTHER THAN
`OR SMALL ENTITY
`ADDI-
`TIONAL
`FEE
`
`RATE
`
`OR
`
`OR
`
`OR
`
`X$18=
`
`X84=
`
`+280=
`
`TOTAL
`ADDIT. FEE
`
`TO
`L
`I OR ADDIT.
` FEE
`
`cr
`
`CLAIMS AS AMENDED - PART II
`(Column 2
`Column 1)
`HIGHEST
`CLAIMS
`NUMBER
`REMAINING
`PREVIOUSLY
`AFTER
`PAID FOR
`AMENDMENT
`
`Total
`
`Minus
`
`Independent *
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM
`
`Minus
`
`***
`
`IAMENDMENT A I
`
`CI
`0
`73
`
`ADDI-
`TIONAL
`FEE
`
`ADDI-
`TIONAL
`FEE
`
`ADDI-
`TIONAL
`FEE
`
`ADDI-
`TIONAL
`FEE
`
`RATE
`
`X$ 9=
`
`X42=
`
`+140=
`
`TOTAL
`ADDIT. FEE
`
`RATE
`
`X$ 9=
`
`X42=
`
`+140=
`
`RATE
`
`X$18=
`
`X84=
`
`+280=
`
`TOTAL
`ADDIT. FEE
`
`OR
`
`OR
`
`OR
`
`OR
`
`RATE
`
`X$18=
`
`X84=
`
`+280=
`
`OR
`
`OR
`
`OR
`
`Column 1
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`Column 2
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`(Column 3
`
`PRESENT
`EXTRA
`
`Total
`
`*
`
`Minus
`
`**
`
`*
`Minus
`Independent
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM
`
`***
`
`=
`
`=
`
`fl
`
`Uoiumn 1
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`uoiumn
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`uoiumn i
`
`PRESENT
`EXTRA
`
`Total
`
`Minus
`
`**
`
`Independent *
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM
`
`Minus
`
`***
`
`=
`=
`
`0
`
`CCI
`
`1-
`ILI
`2
`0
`Z
`W
`<
`
`I AMENDMENT C
`
`* If the entry in column 1 is less than the entry in column 2, write "0" in column 3.
`" If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20."
`***tf the °Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3."
`The "Highest Number Previously Paid For" (Total or Independent) is the highest number found In the appropriate box in column 1.
`
`TOTAL I
`ADDIT. FEE
`
`I OR
`
`TOTAL
`ADDIT. FEE
`
`FORM PTO-875 (Rev. 8/01)
`
`-*U.SX:P02001452.174/591,17
`
`Patent and Trademark Office, U.S. DEPARTMENT OF COMMERCE
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0009
`
`

`

`ULTIPLE DEPEN147AIM
`FEE CALCULA
`HEET
`(MR USE WITH PO4
`75)
`
`SERIAL NO.
`
`APPLOis)
`
`4.1
`
`—_ —
`FILING DATE
`
`'
`-
`.AFTER
`AFTER
`lit AMENDMENT 2nd AMENDMENT
`IND.
`DEP.
`IND.
`
`DEP.
`
`CLAIMS
`
`IND.
`
`DEP.
`
`IND
`
`DEP
`
`IND.
`
`DEP.
`
`AS FILED
`
`IND.
`
`DEP
`
`11111111
`
`1
`2
`3
`4
`6
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20.
`21
`
`26
`27
`28
`29
`30
`31 a-
`32
`33
`34
`35
`36
`
`
`
`39
`4o
`41
`
`
`43
`
`46
`
`Man.
`
`48
`49
`50
`TOTAL
`IND.
`TOTAL
`DEP.
`TOTAL
`CLAIMS
`PTO-1380 (3-78)
`
`Efg!
`161M1
`
`61
`62
`63
`64
`55
`66
`57
`68
`69
`60
`61
`62
`63
`64
`66
`66
`67
`68
`69
`70
`71
`72
`73
`74
`75
`76
`77
`78
`79
`80
`81
`82
`83
`84
`86
`imimmwAri
`86
`
`89
`90
`
`•
`
`93
`
`95 94
`9 965
`
`RAI
`
`/Woo almonv peg
`
`1. 4111
`
`1M
`
` ..! J
`
`99
`100
`TOTAL
`IND.
`TOTAL
`DEP.
`iienV
`TOTAL
`CLAIMS
`•MA V RR ORRn POR A 110r770NA e T. A /MR n • AMRN nIN sap,r, U.S. DEPARTMENT of COMMERCE
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0010
`
`

`

`PTO/SB/64/PCT (10-00)
`Approved for use through 10/31/2002. OMB 0651-0031
`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 OMB control number.
`Docket Number (Optional)
`PETITION FOR REVIVAL OF AN INTERNATIONAL APPLICATION FOR PATENT
`80408.0011
`DESIGNATING THE U.S. ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(b)
`
`First named inventor: Scott A. MOSKOWITZ et al.
`International (PCT) Application No.: PCT/US00/21189
`Filed: August 4, 2000
`Title: A SECURE PERSONAL CONTENT SERVER
`
`Attention: PCT Legal Staff Attn: Boris Milef
`Box PCT
`Assistant Commissioner for Patents
`Washington, D.C. 20231
`
`U.S. Application No.:
`(if known)
`
`RPPr--IVED
`15 APR 2002
`own
`International Division
`
`The above-identified application became abandoned as to the United States because the fees and documents
`required by 35 U.S.C. 371(c) were not filed prior to the expiration of the time set in 37 CFR 1.494(b) or (c) or
`1.495(b) or (c) as applicable). The date of abandonment is the day after the date on which the 35 U.S.C. 371(c)
`requirements were due. See 37 CFR 1.494(g) or 1.495(h).
`
`APPLICANT HEREBY PETITIONS FOR REVIVAL OF THIS APPLICATION
`
`NOTE: A grantable petition requires the following items:
`(1) Petition fee
`(2) Proper reply
`(3) Terminal disclaimer with disclaimer fee--required for all international applications having
`an international filing date before June 8, 1995; and
`(4) Statement that the entire delay was unintentional.
`
`1. Petition fee
`$ 640.00
`10 Small entity - fee
`See 37 CFR 1.27.
`El Other that small entity - fee $_____(37 CFR 1.17(m))
`
`(37 CFR 1.17(m)). Applicant claims small entity status.
`
`2. Proper reply
`
`A. The proper reply (the missing 35 U.S.C. 371(c) requirement(s) in the form of
`Reguest to enter National Stage under 371; filing fee and cry ofu_pin.
`(identify type of reply):
`
`0 has been filed previously on
`1E1 is enclosed herewith.
`
`—
`
`::7.00 EN
`
`1_igi491e1
`
`[Page 1 of 21
`Burden Hour Statement: This form is estimated to take 1.0 hours to complete. Time will vary depending upon the needs of the Individual case. Any comments on
`the amount of time you are required to complete this form should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, Washington, DC
`20231. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Assistant Commissioner for Patents, Washington, DC 20231.
`10049101
`02/12/2002 NGUYEN 00000131 501129
`
`01 FC:241
`
`640.00 OP
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0011
`
`

`

`PTO/S8/64/PCT (10-00)
`Approved for use through 10/31/2002. OMB 0651-0031
`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 OMB control number.
`
`3. Terminal disclaimer with disclaimer fee
`
`Since this international application has an international filing date on or after June 8, 1995, no
`terminal disclaimer is required.
`
`El A terminal disclaimer (and disclaimer fee (37 CFR 1.20(d)) of $_
`for a small entity or
`_
`other than a small entity) disclaiming the required period of time is enclosed herewith
`(see PTO/SB/63).
`
`4. Statement. The entire delay in filing the required reply from the due date for the required reply until the
`filing of a grantable petition under 37 CFR 1.137(b) was unintentional.
`
`WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`
`qinig eildwbotrt
`Signature
`Floyd B. Chapman
`Typed or printed name
`Wiley Rien & Fielding, LLP
`Address
`1776 K Street, N.W., Washington, D.C.
`
`February 8, 2002
`Date
`
`Telephone
`Number (202) 719-7000
`
`Enclosures: El Response
`0 Fee Payment
`0 Terminal Disclaimer Form
`E Credit Card Payment Form
`
`[Page 2 of 2]
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0012
`
`

`

`WO 01/18628
`aCKE TEbTiusoo/21189
`
`lP
`
`Al ENT COOPERATION mit
`
`PCT
`
`NOTICE INFORMING THE APPLICANT OF THE
`COMMUNICATION OF THE INTERNATIONAL
`APPLICATION TO THE DESIGNATED OFFICES
`
`(PCT Rule 47.1(c), first sentence)
`
`Date of mailing (day/month/year)
`15 March 2001 (15.03.01)
`
`From the INTERNATIONAL BUREAU
`To:
`CHAPMAN, Floyd, B.
`Baker Botts, LLP
`The Warner
`1299 Pennsylvania Avenue, N.W.
`Washington, DC 20004 RECEIVED
`ETATS-UNIS D'AMERIQUE
`
`APR 0 6 2001
`BROBECK
`
`Applicant's or agent's file reference
`066112.0139
`0 3 I S3 g. 00/3
`International application No.
`International filing date (day/month/year)
`PCT/US00/21189
`04 August 2000 (04.08.00)
`
`IMPORTANT NOTICE
`
`Priority date (day/month/year)
`04 August 1999 (04.08.99)
`
`Applicant
`
`BLUE SPIKE, INC. et al
`
`1. Notice is hereby given that the International Bureau has communicated, as provided in Article 20, the international application
`to the following designated Offices on the date indicated above as the date of mailing of this Notice:
`US
`
`In accordance with Rule 47.1(c), third sentence, those Offices will accept the present Notice as conclusive evidence that
`the communication of the international application has duly taken place on the date of mailing indicated above and no copy
`of the international application is required to be furnished by the applicant to the designated Office(s).
`2. The following designated Offices have waived the requirement for such a communication at this time:
`EP,JP
`
`The communication will be made to those Offices only upon their request. Furthermore, those Offices do not require the
`applicant to furnish a copy of the international application (Rule 49.1(a-bis)).
`
`3. Enclosed with this Notice is a copy of the international application as published by the International Bureau on
`15 March 2001 (15.03.01) under No. WO 01/18628
`
`REMINDER REGARDING CHAPTER II (Article 31(2)(a) and Rule 54.2)
`If the applicant wishes to postpone entry into the national phase until 30 months (or later in some Offices) from the priority
`date, a demand for international preliminary examination must be filed with the competent International Preliminary
`Examining Authority before the expiration of 19 months from the priority date.
`It is the applicant's sole responsibility to monitor the 19-month time limit.
`Note that only an applicant who is a national or resident of a PCT Contracting State which is bound by Chapter II has the
`right to file a demand for international preliminary examination.
`
`REMINDER REGARDING ENTRY INTO THE NATIONAL PHASE (Article 22 or 39(1))
`If the applicant wishes to proceed with the international application in the national phase, he must, within 20 months
`or 30 months, or later in some Offices, perform the acts referred to therein before each designated or elected Office.
`For further important information on the time limits and acts to be performed for entering the national phase, see the
`Annex to Form PCT/IB/301 (Notification of Receipt of Record Copy) and Volume II of the PCT Applicant's Guide.
`
`The International Bureau of WIPO
`34, chemin des Colombettes
`1211 Geneva 20, Switzerland
`Facsimile No. (41-22) 740.14.35
`Form PCT/IB/308 (July 1996)
`
`Authorized officer
`
`J. Zahra
`
`Telephone No. (41-22) 338.83.38
`
`3884001
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0013
`
`

`

`V
`
`PCT PATENT APPLICATION
`
`PCT/US00/21189
`Application No.:
`031838.0013
`Client/Matter No.:
`Scott Moskowitz et al.
`Inventor(s):
`
`March 2, 2001
`Date:
`Blue Spike, Inc.
`Client:
`Atty/Sec.: FBC/KLL/eab
`
`Title: A SECURE PERSONAL CONTENT SERVER
`
`The following has been received in the U.S. Patent and Trademark Office
`on the date stamped hereon:
`
`PCT CHAPTER II DEMAND AND FEE CALCULATION SHEET
`CI Charged Deposit Account in the amount of $627.00
`PE vo,
`
`DOCKETED
`
`%AR 0 "
`
`DISH - Blue Spike-408
`Exhibit 1010, Page 0014
`
`

`

`The demand must be filed directly with the competent International Preliminary Examining Authority or, if two or more Authorities are competent,
`teehe applicant on the line below:
`ID or two-letter code of th