`Approved for use through 09/30/2018. OMB 0651-0064
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respondto a collection of information unless it displays a valid OMB control number.
`(Also referred to as FORM PTO-1465)
`REQUEST FOR EX PARTE REEXAMINATION TRANSMITTAL FORM
`
`Addressto:
`Mail Stop Ex Parte Reexam
`Commissioner for Patents
`P.O. Box 1450
`Date; 05-16-2018
`Alexandria, VA 22313-1450
`This is a request for ex parte reexamination pursuant to 37 CFR 1.510 of patent number 9104842
`issued 08-11-2015
`. The request is madeby:
`
`[] patent owner. third party requester.
`2. [¥ |The nameand address of the person requesting reexaminationis:
`Fisch Sigler LLP
`5301 Wisconsin Avenue, NW, Fourth Floor
`
`Attorney Docket No.:
`
`1.
`
`publications is included. [Page 1 of 2]
`
`a.[_] Computer Readable Form (CRF)
`b. Specification Sequence Listing on:
`i. [.] CD-ROM (2 copies) or CD-R (2 copies); or
`i. paper
`c.[[] Statements verifying identity of above copies
`9. [| A copyof any disclaimer, certificate of correction or reexamination certificate issued in the patentis included.
`10.
`Reexamination of claim(s) 11, 12, 13, and 14
`is requested.
`11.
`A copy of every patentor printed publication relied upon is submitted herewith including a listing thereof on
`Form PTO/SB/08, PTO-1449, or equivalent.
`12. [| An English languagetranslation of all necessary and pertinent non-English language patents and/or printed
`
`Washington, DC 20015
`
`Requester asserts [_]smaill entity status (37 CFR 1.27) or [_|certifies micro entity status (87 CFR 1.29). Only a
`patent owner requester can certify micro entity status. Form PTO/SB/15A or B mustbe attached to certify micro
`entity status.
`is enclosed to cover the reexamination fee, 37 CFR 1.20(c)(1);
`4. [| a. Acheckin the amountof $
`[| b. The Director is hereby authorized to charge the fee as set forth in 37 CFR 1.20(c)(1)
`to Deposit Account No.
`;
`
`c.
`
`d.
`
`Paymentby credit card. Form PTO-2038is attached; or
`
`Payment made via EFS-Web.
`
`5.
`
`Anyrefund should be made by [¥]check or [_|eredit to Deposit Account No.
`37 CFR 1.26(c).
`If payment is made by credit card, refund must be to credit card account.
`
`.
`
`6.
`
`A copyof the patent to be reexamined having a double column format on one side of a separate paper is
`enclosed. 37 CFR 1.510(b)(4).
`7.[| CD-ROM or CD-Rin duplicate, Computer Program (Appendix) or large table
`CJ
`Landscape Table on CD
`8.[| Nucleotide and/or Amino Acid Sequence Submission
`If applicable, items a. — c. are required.
`
`This collection of information is required by 37 CFR 1.510. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO
`to process) a request for reexamination. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 18 minutes to
`complete, including gathering, preparing, and submitting the completed application form to the USPTO. Timewill 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: Mail Stop Ex Parte Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`if you need assistance in completing the form, call 1-800-PTO-9199 and select option 2,
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0001
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0001
`
`
`
`PTO/SB/57 (09-16)
`Approved for use through 09/30/2018. OMB 0651-0064
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persans are required to respond to a collection of information unless it displays a valid OMB control number.
`
`13.
`
`The attached detailed request includes at least the following items:
`
`a. Astatementidentifying each substantial new question of patentability based on prior patents and printed
`publications. 37 CFR 1.510(b)(1).
`
`16.
`
`a. It is certified that a copy of this request(if filed by other than the patent owner) has beenservedin its entirety on
`the patent owner as provided in 37 CFR 1.33(c).
`The name and addressof the party served and the date of service are:
`Wistaria Trading LTD
`Clarendon House, 2 Church Street, Hamilton HM 11, Bermuda
`Date of Service:May16,2018cr
`[| b. Aduplicate copy is enclosed since service on patent owner was not possible. An explanation of the efforts
`made to serve patent owner is attached. See MPEP 2220.
`
`17. Correspondence Address: Direct all communication about the reexamination to:
`
`[|
`
`OR
`
`[v]
`
`Address
`
`The address associatedwith Customer Number: fo
`
`Firm or
`.
`.
`Individual Name Fisch Sigler, LLP
`
`b. An identification of every claim for which reexamination is requested, and a detailed explanation of the pertinency
`and manner of applying the cited art to every claim for which reexamination is requested. 37 CFR 1.510(b)(2).
`14. [| A proposed amendmentis included (only where the patent owneris the requester). 37 CFR 1.510(e).
`15.
`It is certified that the statutory estoppel provisions of 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) do not prohibit
`requesterfrom filing this ex parte reexamination request. 37 CFR 1.510(b)(6).
`
`For Third Party Requester [Page 2 of 2]
`
`City
`Washington
`Country
`United States
`Telephone
`(202) 362-3524
`
`Joe.Edell@fischllp.com
`
`18.
`
`The patent is currently the subject of the following concurrent proceeding(s):
`
`(_] a. Copending reissue Application No.
`(-] b. Copending reexamination Control No.
`(-] c.
`CopendingInterference No.
`d.
`Copendinglitigation styled:
`Blue Spike, LLC v. Juniper Networks, Inc., 6:17-cv-00016-KNM (ED. Tex. 2017)
`
`WARNING: Information on this form may becomepublic. Credit card information should not be
`included on this form. Provide credit card information and authorization on PTO-2038.
`
`/Joseph F. Edell/
`
`Joseph F. Edell
`
`Authorized Signature
`
`Typed/Printed Name
`
`05-16-2018
`Date
`
`67,625
`Registration No.
`
`(_] For Patent Owner Requester
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0002
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0002
`
`
`
`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
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`2. Arecord from this system of records may be disclosed, as a routine use, in the course of presenting evidence
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`including disclosures to opposing counsel in the course of
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`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
`requestinvolving 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 1974, 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)).
`to the Administrator, General
`7. A record from this system of records may be disclosed, as a routine use,
`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 managementpractices 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 (/.e., GSA or Commerce) directive. Such
`disclosure shall not be used to make determinations aboutindividuals.
`8. Arecord 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
`wasfiled in an application which became abandoned orin 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
`enforcement agency, if the USPTO becomesawareof a violation or potential violation of law or regulation.
`
`law
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0003
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0003
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`United States Patent No.: 9,104,842
`Inventors:
`Scott A. Moskowitz
`Formerly Application No.: 11/895,388
`Issue Date:
`August 11, 2015
`Filing Date: August 24, 2007
`Former Examiner: Izzuna Okeke
`Former Group Art Unit: 2497
`
`For: DATA PROTECTION METHOD AND DEVICE
`
`MAIL STOP EX PARTE REEXAM
`Central Reexamination Unit
`Office of Patent Legal Administration
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`CERTIFICATE OF SERVICE
`
`It is certified that, pursuant to 37 C.F.R. § 1.510(b)(5), copies of the following documents
`have been served intheir entireties on the patent ownerat the correspondence address of record
`as provide for in 37 C.F.R. § 1.33(c):
`
`1. Request for Ex Parte Reexamination of U.S. Patent No. 9,104,842 Transmittal Form,
`PTO/SB/57.
`
`2. Request for x Parte Reexamination of U.S. Patent No. 9,104,842 Pursuant to 35 U.S.C. §
`302 and 37 C.F.R. § 1.510 and accompanying exhibits:
`
`Exhibit 1
`
`—_-U.S. Patent No. 9,104,842 (“the ‘842 patent”)
`
`Exhibit 2—File History of U.S. Patent No. 9,104,842 (“the ?842 Prosecution History”)
`(other than the prior art of record) (consecutive page numbers added for ease of
`citation)
`
`Prior Art
`
`Exhibit3—U.S. Patent No. 5,933,497 (“Beetcher’’)
`
`Exhibit 4
`
`JP Patent No. 05-334702 (“Beetcher”)
`
`Exhibit5
`
`JP Patent No. 05-334702 Translation (“Beetcher Translation’)
`
`Exhibit6—_International Application No. WO9,726,732 (“Cooperman”)
`
`Exhibit 7—U.S. Patent No. 5,935,243 (“Hasebe”)
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0004
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0004
`
`
`
`Exhibit 8=[INTENTIONALLY LEFT BLANK]
`
`Expert Materials
`
`Exhibit9
`
`Declaration of Claudio T. Silva In Support of Request for £x Parte
`Reexamination of U.S. Patent No. 9,104,842
`
`Exhibit 10 Curriculum Vitae of Claudio T, Silva
`
`Claim Charts
`
`Exhibit 11 Blue Spike LLC’s Proposed Terms for Construction for U.S. Patent 9,104,842
`(‘the ?842 patent”) Blue Spike, LLC. v. Juniper Networks, Inc., Case No. Case
`No. 6:17-cv-00016-KNM (EDTX)
`
`3.
`
`Information Disclosure Statement, PTO/SB/08,listing references cited in the Requestfor Ex
`Parte Reexamination of U.S. Patent No. 9,104,842 pursuant to 35 U.S.C. § 302 and 37
`C.F.R. § 1.510
`
`4. Acopyof U.S. Patent No. 9,104,842.
`
`5. Acopyofthis Certificate of Service.
`
`The copies have been served on May16, 2018 bycausing the aforementioned documents
`to be deposited in the United States Postal Service as first class mail postage pre-paid in an
`envelope addressed to:
`
`Wistaria Trading LTD,
`Calrendon House, 2 Church Street
`Hamilton HM 11
`
`Bermuda
`
`Blue Spike, LLC
`Garteiser Honea
`[19 W Ferguson
`Tyler, TX 75702
`
`Neifeld IP Law, PC
`5400 Shawnee Road
`Suite 310
`Alexandria, VA 22312-2300
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0005
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0005
`
`
`
`/Joseph I. Edell/
`
`Joseph F. Edell
`Attorney for Requester
`Reg. No. 67,625
`
`May16, 2018
`
`Requester:
`Fisch Sigler LLP
`5301 Wisconsin Ave. NW
`Fourth Floor
`Washington, DC 200015
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0006
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0006
`
`
`
`
`
`Sub-Total in
`Fee Code Quantity AmountDescription USD(S)
`
`
`
`
`
`
`
`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`DATA PROTECTION METHOD AND DEVICE
`
`Filed as Large Entity
`
`Filing Fees for ex parte reexam
`
`
`
`
`
`
`
`Basic Filing:
`
`EX PARTE REEXAMINATION (1.510(A)) NON-STREAMLINED
`
`Pages:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0007
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0007
`
`
`
`_
`
`.
`
`Sub-Total in
`
`12000
`
`Total in USD ($)
`
`Extension-of-Time:
`
`Miscellaneous:
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0008
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0008
`
`
`
`ee
`
`
`
`
`
`Joseph Edell
`
`Filer Authorized By:
`
`
`
`Receipt Date: 16-MAY-2018
`
`Filing Date:
`
`Application Type:
`
`Reexam (Third Party)
`
`Paymentinformation:
`
`Payment Type
`
` Payment was successfully received in RAM
`
`CARD
`
`$12000
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0009
`
`Electronic AcknowledgementReceipt
`
`ee
`
`Title of Invention:
`
`DATA PROTECTION METHOD AND DEVICE
`
`JosephF. Edell
`
`5301 Wisconsin Avenue NW
`
`- W
`
`ashington
`
`Correspondence Address:
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0009
`
`
`
`RAM confirmation Number
`
`051718INTEFSW18464300
`
`Deposit Account
`Authorized User
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`
`
`File Listing:
`
`Number Message Digest|Part /.zip|DocumentDescription File Name (if appl.)
`
`Document
`ue
`.
`File Size(Bytes)/
`
`
`
`
`118072
`
`Application Data Sheet
`
`WebADS.pdf
`
`69095c289f22e27891a2eba563449F2b63f2)
`dbc4
`
`
`
`Information:
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`Reexam - Affidavit/Decl/Exhibit Filed by
`Exhibit1.pdf
`3rd Party
`e88acacc5b481e9acbcf3786acf3a027Aaes|
`2a75
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`Information:
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`Reexam - Affidavit/Decl/Exhibit Filed by
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`
`Request.pdf
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`00796026a2Sae117657a06a7t4861 SbS180
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`9778204
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`Warnings:
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`
`3314824
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`Warnings:
`
`The page size in the PDFis too large. The pages should be 8.5 x 11 or A4.If this PDF is submitted, the pageswill be resized upon entry into the
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`
`Information:
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`Reexam - Affidavit/Decl/Exhibit Filed by
`31d Party
`
`Exhibit3.pdf
`
`dfd01b4 ea3a/794f3d85875el S6edfeb9c0d
`
`1821085
`
`Warnings:
`
`The page size in the PDFis too large. The pages should be 8.5 x 11 or Ad.If this PDF is submitted, the pageswill be resized upon entry into the
`ImageFile Wrapper and mayaffect subsequent processing
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0010
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0010
`
`
`
`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhibit4.pdf
`
`979e6c2347a99b92d73a5¢32982feb1 Seb
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`1848899
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`The page size in the PDFis too large. The pages should be 8.5 x 11 or A4.If this PDF is submitted, the pageswill be resized upon entry into the
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`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
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`Exhibit5.pdf
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`2261
`
`2545083
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`
`Information:
`
`1599448
`
`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`
`
`15fc0
`
`Exhibit6.pdf
`
`3a9c1e141e15472429861731665b7d74911]
`8135F
`
`Warnings:
`
`The page size in the PDFis too large. The pages should be 8.5 x 11 or A4.If this PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and mayaffect subsequent processing
`
`Information:
`
`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhibit7.pdf
`
`bdbb3dfd5b355e25f8aed 124762673f1d8e|
`46436
`
`1463313
`
`The page size in the PDFis too large. The pages should be 8.5 x 11 or A4.If this PDF is submitted, the pageswill be resized upon entry into the
`ImageFile Wrapper and mayaffect subsequent processing
`
`Information:
`
`Reexam - Affidavit/Dec|/Exhibit Filed by
`3rd Party
`
`Exhibit8.pdf
`
`5f7ad6936fea2ad4234b760c801 f7ee023cal
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`The page size in the PDFis too large. The pages should be 8.5 x 11 or Ad.If this PDF is submitted, the pages will be resized upon entry into the
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`Information:
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`4774536
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`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
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`Exhibit9.pdf
`
`115478734b8b236254506c66735de6f521
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`DISH-Blue Spike 842
`Exhibit 1005, Page 0011
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0011
`
`
`
`Information:
`
`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhibit10.pdf
`
`e537f7ab1Sda08718e13d29859017dF785:
`72e9
`
`4060940
`
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`The page size in the PDFis too large. The pages should be 8.5 x 11 or A4.If this PDF is submitted, the pageswill be resized upon entry into the
`ImageFile Wrapper and mayaffect subsequent processing
`
`Information:
`
`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhibit11.pdf
`
`cef806d11d31d161a891597075b6f61455c|
`616e3
`
`7568429
`
`The page size in the PDFis too large. The pages should be 8.5 x 11 or A4.If this PDF is submitted, the pageswill be resized upon entry into the
`ImageFile Wrapper and mayaffect subsequent processing
`Information:
`
`Information Disclosure Statement (IDS)
`Form (SB08)
`
`330957
`
`7638034 15f4a62f12d54814edacefaase3!
`bed
`
`
`
`Warnings:
`Information:
`
`This is not an USPTO supplied IDSfillable form
`
`The page size in the PDFis too large. The pages should be 8.5 x 11 or A4.If this PDF is submitted, the pageswill be resized upon entry into the
`ImageFile Wrapper and mayaffect subsequent processing
`
`Transmittal of New Application
`
`318599
`
`dd247fdeb$IL602[0cb7157904642629
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`
`The page size in the PDFis too large. The pages should be 8.5 x 11 or Ad.If this PDF is submitted, the pages will be resized upon entry into the
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`Information:
`121696
`
`Information:
`
`
`
`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`COS.pdf
`
`S59fl ac39bch8ce2d2db4f03c66650dab2b
`038
`
`Warnings:
`
`The page size in the PDFis too large. The pages should be 8.5 x 11 or A4.If this PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and mayaffect subsequent processing
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0012
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0012
`
`
`
`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhibit2P1.pdf
`
`31d0b2094983e85c1a7b0974c3e07d21cad
`2a26a
`
`17144565
`
`Information:
`
`12839391
`
`Reexam - Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhibit2P2.pdf
`
`808d7ebdb805a9e294897685205441 ec6|
`a8tadf
`
`
`
`
`
`Warnings:
`Information:
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`afiad2eac01 8546a3d{c8074a51 e83e7bafBal
`a6c7
`
`Warnings:
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`
`This AcknowledgementReceipt evidencesreceipt 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 applicationis being filed and the application includes the necessary componentsfora 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 shownon this
`Acknowledgement Receiptwill establish thefiling 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 asa Receiving Office
`If a new international application is being filed and the international application includes the necessary componentsfor
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receiptwill establish the international filing date of
`the application.
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0013
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`DISH-Blue Spike 842
`Exhibit 1005, Page 0013
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`
`
`PTO/AIA/14.
`U.S, Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
` . oo. Attorney Docket Number
`
`
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`
`
`DATA PROTECTION METHOD AND DEVICE
`Title of Invention
`
`
`The application data sheetis part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and TrademarkOffice as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the document
`maybe printed and included in a paperfiled application.
`
`Secrecy Order 37 CFR 5.2:
`Portionsor all of the application associated with this Application Data Sheet mayfall under a Secrecy Order pursuant to 37
`L] CFR 5.2 (Paperfilers only. Applications that fall under Secrecy Order may notbefiled electronically.)
`
`Inventor Information:
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`Legal Name
`
`
`
`
`
`
`eine
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`Residence Information (Select One)
`(@) US Residency
`C) Non US Residency
`C) Active USMilitary Service
`
`
`
` SunnyIsles Beach
`Country of Residence
`State/Province
`i
`US
`
`
`
`
`Mailing Addressof Inventor:
`
`
`Address 1
`
`16711 Collins Avenue #2505
`
`Address 2
`City
`SunnyIsles Beach
`| State/Province
`| DC
`
`Postal Code
`| 20015
`| Country i
`| US
`
`All Inventors Must Be Listed - Additional Inventor Information blocks may be generated
`within this form by selecting the Add button.
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`Correspondence Information:
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`Enter either Customer Numberor complete the Correspondence Information section below.
`For further information see 37 CFR 1.33(a).
`
`
`Xx] An Address is being provided for the correspondence Information of this application.
` Name 1
`
`Joseph F.Edell
`
`
`Address 1 5301 Wisconsin Avenue NW
`
`
`
`Address 2
`
`
` DC
`City
`Washington
`State/Province
`
`
`Country!|US Postal Code
`Phone Number
`Fax Number
`
`
`
`
`
`Email Address
`
`WEB ADS 1.0
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`DISH-Blue Spike 842
`Exhibit 1005, Page 0014
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`DISH-Blue Spike 842
`Exhibit 1005, Page 0014
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`
`
`PTO/AIA/14 (08-15)
`Approved for use through 04/30/2017. OMB 0651-0032
`U.S. Patent and TrademarkOffice; 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 contains a valid OMB control number.
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`
`Attorney Docket Number Application Data Sheet 37 CFR 1.76
`Application Number
`
`Title of Invention
`
`DATA PROTECTION METHOD AND DEVICE
`
`Application Information:
`
`Title of the Invention
`DATA PROTECTION METHOD AND DEVICE
`
`Attorney Docket Number
`
`Small Entity Status Claimed
`
`|
`
`
`
`
`
`
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`Application Type
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`Nonprovisional
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`Subject Matter
`
`Utility
`
`Total Numberof Drawing Sheets(if any)
`
`Suggested Figure for Publication (if any)
`
`Filing By Reference:
`Only complete this section whenfiling an application by reference under 35 U.S.C. 111(c) and 37 CFR 1.57(a). Do not complete this sectionif
`application papers including a specification and any drawings are being filed. Any domestic benefit or foreign priority information must be
`provided in the appropriate section({s) below (i.e., “Domestic Benefit/National Stage Information” and “Foreign Priority Information’).
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`For the purposesofa filing date under 37 CFR 1.53(b), the description and any drawings of the present application are replaced by this
`reference to the previouslyfiled application, subject to conditions and requirementsof 37 CFR 1.57(a).
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`i
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`Application numberof the previously
`filed application
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`Intellectual Property Authority or Country
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`Filing date (YYYY-MM-DD)
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`Publication Information:
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`[_] Request Early Publication (Fee required at time of Request 37 CFR 1.219)
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`months afterfiling.
`
`35 US.C.
`Request Not to Publish.| hereby request that the attached application not be published under
`122(b) and certify that the invention disclosed in the attached application has not and will not be the subject of an
`application filed in another country, or under a multilateral international agreement, that requires publication at eighteen
`
`Representative Information:
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`
` Registration Number
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`Representative information should be provided for all practitioners having a power of attorney in the application. Providing
`this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).
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`will be used for the Representative Information during processing.
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`Please Select One:
`(@) Customer Number
`C) USPatent Practitioner
`C) Limited Recognition (37 CFR 11.9)
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`Customer Number
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`Given Name
`| Middle Name
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`Remove
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`WEB ADS1.0
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`DISH-Blue Spike 842
`Exhibit 1005, Page 0015
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`DISH-Blue Spike 842
`Exhibit 1005, Page 0015
`
`
`
`
`
`PTO/AIA/14 (08-15)
`Approved for use through 04/30/2017. OMB 0651-0032
`U.S. Patent and TrademarkOffice; 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 contains a valid OMB control number.
`
` .
`
`oe
`Application Data Sheet 37 CFR 1.76
`
`
`
`Attorney Docket Number
`
`
`Application Number
`
`DATA PROTECTION METHOD AND DEVICE
`Title of Invention
`
`
`Prefix
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`Given Name
`
`Family Name Remove
`
`Middle Name
`
`Registration Number
`Additional Representative Information blocks may be generated within this form by
`selecting the Add button.
`
`
`
`Domestic Benefit/National Stage Information:
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`This section allows for the applicant to either claim benefit under 35 U.S.C. 119(e}, 120, 121, 365(c), or 386(c) or indicate National
`Stage entry from a PCT application. Providing benefit claim information in the Application Data Sheet constitutes the specific
`
`reference required by 35 U.S.C. 119(e) or 120, and 37 CFR 1.78.
`
`Whenreferring to the current application, please leave the “Application Number’field blank.
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`Prior Application Status
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`Application Number
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`Prior Application Number
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`Filing or 371(c) Date
`(YYYY-MM-DD}
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`Additional Domestic Benefit/National Stage Data may be generated within this form by
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`selecting the Add button.
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`Foreign Priority Information:
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`This section allows for the applicantto claim priority to a foreign application. Providing this information in the application data sheet
`constitutes the claim for priority as required by 35 U.S.C. 119(b) and 37 CFR 1.55. When priority is claimed to a foreign application thatis eligible
`for retrieval underthe priority document exchange program (PDX) the information will be used by the Office to automatically attemptretrieval
`pursuant to 37 CFR 1.55(i)(1) and (2). Under the PDX program, applicant bears the ultimate responsibility for ensuring that a copy of the foreign
`application is received by the Office from the participating foreign intellectual property office, or a certified copy of the foreign priority
`applicationis filed, within the time period specified in 37 CFR 1.55(g)(1).
`
`Application Number
`
`Filing Date (YYYY-MM-DD)
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`Access Codeif applicable)
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`Additional Foreign Priority Data may be generated within this form by selecting the Add
`button.
`
`Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition
`Applications
`
`This application (1) claims priority to or the benefit of an application filed before March 16, 2013 and (2) also
`contains, or contained at any time,a claim to a claimed invention that has an effectivefiling date on or after March
`C] 16, 2013.
`NOTE:By providing this statement under 37 CFR 1.55 or 1.78, this application, with a filing date on or after March
`
`16, 2013, will be examined underthe first inventorto file provisions of the AIA.
`
`WEB ADS1.0
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0016
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0016
`
`
`
`PTO/AIA/14 (08-15)
`Approved for use through 04/30/2017. OMB 0651-0032
`U.S. Patent and TrademarkOffice; 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 contains a valid OMB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`Application Number
`
`
`
`
`Title of Invention
`
`DATA PROTECTION METHOD AND DEVICE
`
`Authorization or Opt-Out of Authorization to Permit Access:
`
`Whenthis Application Data Sheet is properly signed and filed with the application, applicant has provided written authority to
`permit a participating foreign intellectual property (IP) office access to the instant application-as-filed (see paragraph A in
`subsection 1 below) and the European Patent Office (EPO) access to any search results from the instant application {see
`paragraph B in subsection 1 below).
`
`Should applicant choose not to provide an authorization identified in subsection 1 below, applicant must opt-outof the
`authorization by checking the corresponding box A or B or both in subsection 2 below.
`
`NOTE: This section of the Application Data Sheet is ONLY reviewed and processed with the INITIALfiling of an application.
`Afterthe initial filing of an application, an Application Data Sheet cannot be used to provide or rescind authorization for access
`by a foreign IP office(s). Instead, Form PTO/SB/39 or PTO/SB/69 must be used as appropriate.
`
`1. Authorization to Permit Access by a ForeignIntellectual Property Office(s)
`
`A. Priority Document Exchange (PDX)- Unless box A in subsection 2 {opt-out of authorization) is checked, the undersigned
`hereby grants the USPTO authority to provide the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean
`Intellectual Property Office (KIPO), the State Intellectual Property Office of the People’s Republic of China (SIPO), the World
`Intellectual Property Organization (WIPO), and any otherforeign intellectual property office participating with the USPTO in a
`bilateral or multilateral priority document exchange agreementin which a foreign application claiming priority to the instant
`patent applicationis filed, access to: (1) the instant patent application-as-filed and its related bibliographic data, (2) any foreign
`or domestic application to which priority or benefit is claimed by the instant application and its related bibliographic data, and
`(3) the dateoffiling of this Authorization. See 37 CFR 1.14(h}(1).
`
`B. Search Results from U.S. Application to EPO - Unless box B in subsection 2 (opt-out of authorization) is checked, the
`undersigned hereby grants the USPTO authority to provide the EPO access to the bibliographic data and search results from
`the instant patent application when a European patent application claiming priority to the instant patent applicationisfiled. See
`37 CFR 1.14(h)(2).
`
`The applicant is reminded that the EPO’s Rule 141(1) EPC (European Patent Convention) requires applicants to submit a copy of
`search results from the instant application without d