PTO/SB/57 (09-16)
`Approved for use through 09/30/2018 OMB 0651-0064
`U.S. Patent and Trademark Office: US. 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.
`(Also referred to as FORM PTO-1465)
`REQUEST FOR EX PARTE REEXAMINATION TRANSMITTAL FORM
`
`Address to:
`Mail Stop Ex Parte Reexam
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Attorney Docket No.:
`
`Date: 05—15—2018
`
`1.
`
`This is a request for ex paite reexamination pursuant to 37 CFR 1.510 of patent number 9104842
`issued 08-11-2015
`. The request is made by:
`
`
`
`El patent owner.
`
`third party requester.
`
`2. .The name and address of the person requesting reexamination is:
`Fisch Sigler LLP
`5301 Wisconsin Avenue, NW, Fourth Floor
`
`Washington, DC 20015
`
`Requester asserts I:Ismall entity status (37 CFR 1.27) or I:I certifies micro entity status (37 CFR 1.29). Only a
`patent owner requester can certify micro entity status. Form PTO/SB/15A or B must be attached to certify micro
`entity status.
`
`is enclosed to cover the reexamination fee, 37 CFR 120(c)(1);
`4. D a. A check in the amount of $
`El b. The Director is hereby authorized to charge the fee as set forth in 37 CFR 120(c)(1)
`to Deposit Account No.
`'
`
`0.
`
`d.
`
`Payment by credit card. Form PTO-2038 is attached; or
`
`Payment made via EFS—Web.
`
`5.
`
`6.
`
`Any refund should be made by .check or |:|credit to Deposit Account No.
`37 CFR 1.26(c).
`If payment is made by credit card, refund must be to credit card account.
`
`A copy of 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. El CD—ROM or CD—R in duplicate, Computer Program (Appendix) or large table
`El
`Landscape Table on CD
`
`8. El Nucleotide and/or Amino Acid Sequence Submission
`If applicable, items a. — c. are required.
`
`a. El Computer Readable Form (CRF)
`b. Specification Sequence Listing on:
`
`i. D CD-ROM (2 copies) or CD-R (2 copies); or
`
`ii. El paper
`c. I:I Statements verifying identity of above copies
`
`9. D A copy of any disclaimer, certificate of correction or reexamination certificate issued in the patent is included.
`10.
`Reexamination of claim(s) 11: 12, 13: and 14
`is requested.
`11.
`A copy of every patent or printed publication relied upon is submitted herewith including a listing thereof on
`Form PTO/SB/OB, PTO-1449, or equivalent.
`
`12. El An English language translation of all necessary and pertinent non-English language patents and/or printed
`publications is included.
`
`[Page 1 of 2]
`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 0.8.0. 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. Time will vary depending upon the individuai 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,
`US Patent and Trademark Office, US. Department of Commerce, PO. Box 1450, Alexandria, VA 2231371450. DO NOT SEND FEES OR COMPLETED FORMS
`TO THis ADDRESS. SEND TO: Mail Stop Ex Pane 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
`US. Patent and Trademark Office: US. 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.
`
`13.
`
`The attached detailed request includes at least the following items:
`
`a. A statement identifying each substantial new question of patentability based on prior patents and printed
`publications. 37 CFR1.510(b)(1).
`
`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 forwhich reexamination is requested. 37 CFR 1.510(b)(2).
`
`14. D A proposed amendment is included (only where the patent owner is the requester). 37 CFR 1.510( ).
`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
`requester from filing this ex parte reexamination request. 37 CFR 1.51 O(b)(6).
`
`16. n a. It is certified that a copy of this request (if filed by other than the patent owner) has been served in its entirety on
`the patent owner as provided in 37 CFR 1.33( ).
`The name and address of the party served and the date of service are:
`Wistaria Trading LTD
`Clarendon House, 2 Church Street, Hamilton HM 11, Bermuda
`
`Date of Service: |V|ay16,2018—; or
`
`Cl b. A duplicate 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:
`
`CI
`
`0R
`
`
`2'
`
`The address associated with Customer Number: |:|
`
`Firm or
`Individual Name
`
`.
`.
`FISCh Slgler, LLP
`
`
`
`City
`Washington
`Country
`United States
`Telephone
`(202) 362—3524
`
`State
`DC
`
`Zip
`20015
`
`Email
`Joe.EdeII@fischIIp.com
`
`18.
`
`The patent is currently the subject of the following concurrent proceeding(s):
`Copending reissue Application No.
`Copending reexamination Control No.
`Copending Interference No.
`Copending litigation styled:
`Blue Spike, LLC v. Juniper Networks, Inc., 6:17—cv—OOO16—KNM (ED. Tex. 2017)
`
`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.
`
`/Joseph F. Edell/
`
`Authorized Signature
`
`Joseph F. Edell
`
`Typed/Printed Name
`
`[Page 2 01 2]
`
`05-16-2018
`Date
`
`_
`67,625
`Registration No.
`
`I:I For Patent Owner Requester
`
`ForThird Party 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
`US. 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 US. 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 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(0)).
`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 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
`enforcement agency, if the USPTO becomes aware of 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 TRADEMARK OFFICE
`
`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 EXPARTE REEXAM
`Central Reexamination Unit
`
`Office of Patent Legal Administration
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`CERTIFICATE OF SERVICE
`
`It is certified that, pursuant to 37 CPR. § 1.510(b)(5), copies of the following documents
`have been served in their entireties on the patent owner at the correspondence address of record
`
`as provide for in 37 CPR. § l.33(c):
`
`1. Request for Ex Parte Reexamination of US. Patent No. 9,104,842 Transmittal Form,
`PTO/SB/57.
`
`2. Request for Ex Parte Reexamination of US. Patent No. 9,104,842 Pursuant to 35 U.S.C. §
`302 and 37 CPR. § 1.510 and accompanying exhibits:
`
`Exhibit 1
`
`US. Patent No. 9,104,842 (“the “842 patent”)
`
`Exhibit 2
`
`Prior Art
`
`File History ofU.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)
`
`Exhibit 3
`
`US. Patent No. 5,933,497 (“Beetcher”)
`
`Exhibit 4
`
`JP Patent No. 05-334702 (“Beetcher”)
`
`Exhibit 5
`
`JP Patent No. 05-334702 Translation (“Beetcher Translation”)
`
`Exhibit 6
`
`International Application No. WO9,726,732 (“Cooperman”)
`
`Exhibit 7 US. 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
`
`Exhibit 9
`
`Declaration of Claudio T. Silva In Support of Request for Ex Parle
`Reexamination ofU.S. Patent No. 9,104,842
`
`Exhibit 10 Curriculum Vitae ofClaudio T. Silva
`
`Claim Charts
`
`Exhibit 11 Blue Spike LLC’s Proposed Terms for Construction for US. Patent 9,104,842
`(“the ’842 patent”) Blue Spike, LLC. v. Juniper Networks, Inc., Case No. Case
`No. 6:]7-cv-00016-KNM (EDTX)
`
`3.
`
`Information Disclosure Statement, PTO/SB/O8, listing references cited in the Request for Ex
`Parte Reexamination 0fU.S. Patent No. 9,104,842 pursuant to 35 U.S.C. § 302 and 37
`C.F.R. § 1.510
`
`4. A copy of US. PatentNo. 9,104,842.
`
`5. A copy ofthis Certificate of Service.
`
`The copies have been served on May 16, 2018 by causing 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 1]
`
`Bermuda
`
`Blue Spike, LLC
`Garteiser Honea
`
`I 19 W Ferguson
`Tyler, TX 75702
`
`Neifeld IP Law, PC
`5400 Shawnee Road
`Suite 310
`
`Alexandria, VA 223 12-23 00
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0005
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0005
`
`

`

`/Jose h F. Edell/
`
`Joseph F. Edel]
`Attorney for Requester
`Reg. No. 67,625
`
`May 16, 2018
`
`Reg uester:
`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
`Description U5D($) Quantity
`
`
`
`
`
`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)) NONaSTREAMLINED
`
`Pages:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-lnterference:
`
`Post-Allowance—and-Post-lssuance:
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0007
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0007
`
`

`

`.
`
`.
`
`.
`
`Sub-Total in
`
`Total in USD (5)
`
`Extension-of—Ti me:
`
`Miscellaneous:
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0008
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0008
`
`

`

`Electronic Acknowledgement Receipt
`
`“—
`
`——
`
`Title of Invention:
`
`DATA PROTECTION METHOD AND DEVICE
`
`
`
`Joseph F. Edell
`
`5301 Wisconsin Avenue NW
`
`, W
`
`ashington
`
`Correspondence Address:
`
`
`
`Joseph Edell
`
`Filer Authorized By:
`
`
`
`Receipt Date: 16—MAY 2018
`
`Filing Date:
`
`Application Type:
`
`Reexam (Third Party)
`
`Payment information:
`
`PaymentType
`
` Payment was successfully received in RAM
`
`CARD
`
`$12000
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0009
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0009
`
`

`

`RAM confirmation Number
`
`051718INTEFSW184643OO
`
`Deposit Account
`Authorized User
`
`The Director ofthe USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`
`
`File Listing:
`
`Document
`Number
`
`.
`.
`Document Description
`
`.
`Flle Name
`
`File SizeiBytes)I
`Message Digest
`118072
`
`Part I.zip (if appl.)
`
`Application Data Sheet
`
`WebADSpdf
`
`69095c289f22e2789132eb3563449f2b63f2
`dbc4
`
`
`
`
`
`Information:
`
`Reexam — Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Requestpdf
`
`00796b0263253e1f765730637f4861511518!
`
`9778204
`
`Warnings:
`Information:
`
`3314824
`
`Reexam — Affidavit/Decl/Exhibit Filed by
`PBBHrHrr§ 11481Pgarhrfi7fifinrfhfil7fiaefi
`Exhibit1.pdf
`3rd Party
`2375
`
`
`Warnings:
`
`The page size in the PDF is too large. The pages should be 8.5 x11 or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Information:
`
`Reexam — Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhibit3.pdf
`
`dfd01b’le333’l794f3d85875e166edfeb9c0 -
`
`1821085
`
`Warnings:
`
`The page size in the PDF is too large. The pages should be 8.5 x11 or A4. Ifthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Information:
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0010
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0010
`
`

`

`Reexam , Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`EthbIt4.pdf
`
`97966c2347399b32d7335:32982feb1Seb-
`L6b22
`
`1848899
`
`The page size in the PDF is too large. The pages should be 8.5 xii or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Information:
`
`Reexam — Affldavit/Decl/Exhibit Filed by
`3rd Party
`
`EthbIt5.pdf
`
`d13b232d3r94d14r85d924d291dbbd9€d5w
`226 |
`
`2545083
`
`The page size in the PDF is too large. The pages should be 8.5 xii or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Information:
`
`1599448
`
`15fc0
`
`
`
`Reexam — Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhibit6.pdf
`
`339de141el5471419861731665b7d74911
`8135f
`
`Warnings:
`
`The page size in the PDF is too large. The pages should be 8.5 xii or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Information:
`
`Reexam , Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`EthbIt7.pdf
`
`bdbb3dfd5b355e15f8aed1a4762673f1d8e
`45436
`
`1463313
`
`The page size in the PDF is too large. The pages should be 8.5 xii or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Information:
`
`Reexam — Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhlblt8.pdf
`
`5Wad6336fealad4234b760c801f799013ca
`6683
`
`The page size in the PDF is too large. The pages should be 8.5 xii or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Information:
`
`4774536
`
`Reexam — Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`Exhibit9.pdf
`
`11547E734b8b136154506c55735(1961511
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0011
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0011
`
`

`

`Information:
`
`4060940
`
`Reexam — Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`EthbItIO.pdf
`
`e537f73b’l5d308718943d19859017dfi‘785
`72e9
`
`Warnings:
`
`The page size in the PDF is too large. The pages should be 8.5 x 11 or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Information:
`
`Reexam — Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`EthbItI 1 .pdf
`
`cef836d11d31d1613891597075b6i61455c
`515e3
`
`7568429
`
`The page size in the PDF is too large. The pages should be 8.5 x11 or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`Information:
`
`Information Disclosure Statement (IDS)
`Form (S808)
`
`330957
`
`h7fi‘.fid‘.4 I ifllafilfl 2d§4814eflar9ifia553
`bed
`
`
`
`Warnings:
`Information:
`
`This is not an USPTO supplied IDS fillable form
`
`The page size in the PDF is too large. The pages should be 8.5 x 11 or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Transmittal of New Application
`
`318599
`
`dd247ldeb9lL60210Lb71 5d79b04b642689
`743117
`
`The page size in the PDF is too large. The pages should be 8.5 x11 or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`Information:
`121696
`
`
`
`
`
`Reexam — Affidavit/Decl/Exhibit Filed by
`3rd Party
`
`69H ac39btbflceld1db4f03c66650dab1b
`0C3E
`
`Warnings:
`
`The page size in the PDF is too large. The pages should be 8.5 x11 or A4. lfthis PDF is submitted, the pages will be resized upon entry into the
`Image File Wrapper and may affect subsequent processing
`
`Information:
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0012
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0012
`
`

`

`Reexam , Affidavit/DecI/Exhibit Filed by
`3rd Party
`
`EthbIt2P1.pdf
`
`31 d0b1094983e§35c1 a7b0974c3e07d11 ca-
`2d26d
`
`17144565
`
`Information:
`
`12839391
`
`Reexam — Affidavit/DecI/Exhibit Filed by
`3rd Party
`
`EthbIt2P2.pdf
`
`808d7ebdb80539e19£897efl513205441 ec6
`381adf
`
`Warnings:
`Information:
`
`
`
`the application.
`
`Fee Worksheet ($306)
`
`fee—info.pdf
`
`afiadlearm 8§4fia3dirm74a§l PBKPW‘IHIEH
`36c7
`
`Warnings:
`Information:
`
`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
`lfa 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/DOIEOI903 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
`lfa 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 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/ROI105) 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
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0013
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0013
`
`

`

`
` . . Attorney Docket Number
`
`
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`PTO/AIA/M
`U.S. Patent and Trademark OffiCE; U.S. DEPARTMENT OF COMMERCE
`
`
`
`DATA PROTECTION METHOD AND DEVICE
`Title of Invention
`
`
`The application data sheet is 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 Trademark Office 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
`may be printed and included in a paper filed application.
`
`Secrecy Order 37 CFR 5.2:
`
`Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to 37
`El CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.)
`
`Inventor Information:
`
`
`Inventor
`1
`
`Legal Name
`
`
`
`
`-———
`
`
`
`Residence Information (Select One) @ U5 Residency
`0 Non US Residency
`0 Active US Military Service
`
`
`Country of Residence
`State/Province
`i
`US
` Sunny Isles Beach
`
`
`
`
`Mailing Address of Inventor:
`Address 1
`16711 Collins Avenue #2505
`
`
`
`Address 2
`
`
`City
`Sunny Isles Beach
`I State/Province
`I DC
`
`Postal Code
`I 20015
`I Country i
`I US
`All Inventors Must Be Listed - Additional Inventor Information blocks may be generated
`within this form by selecting the Add button.
`
`
`
`
`Correspondence Information:
`
`Enter either Customer Number or complete the Correspondence Information section below.
`For further information see 37 CFR 1.33(a).
`
`
`g An Address is being provided for the correspondence Information of this application.
`Joseph F. Edell
` Name 1
`
`
`Address 1 5301 Wisconsin Avenue NW
`
`
`
`Address 2
`
`
`DC
`
`
`City
`Washington
`State/Province
`Postal Code
`US
`
`
`
`
`
`
`Add Email
`Remove Email
`
`
`
`Phone Number
`
`Email Address
`
`Fax Number
`
`
`
`
`WEB ADS 1.0
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0014
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0014
`
`

`

`PTO/AIA/M (08-15)
`Approved for use through 048072017. OMB 0651 41032
`U.S. Patent and Trademark Office; US. 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
`
`Application Information:
`
`Title of the Invention
`DATA PROTECTION METHOD AND DEVICE
`
`
`
`
`Attorney Docket Number
`
`Small Entity Status Claimed
`
`|:|
`
`Application Type
`
`Nonprovisional
`
`Subject Matter
`
`Utility
`
`Total Number of Drawing Sheets (if any)
`
`Suggested Figure for Publication (if any)
`
`Filing By Reference:
`Only complete this section when filing an application by reference under 35 U.S.C. 111(c) and 37 CFR 1.57(a). Do not complete this section if
`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").
`
`For the purposes of a filing date under 37 CFR1.53(b), the description and any drawings of the present application are replaced by this
`
`reference to the previously filed application, subject to conditions and requirements of 37 CFR l.57(a).
`i
`
`Intellectual Property Authority or Country
`Filing date (YYYY—MM—DD)
`Application number of the previously
`filed application
`
`
`
`
`
`Publication Information:
`
`D Request Early Publication (Fee required at time of Request 37 CFR 1.219)
`
`35 U.S.C.
`Request Not to Publish. I 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
`
`months after filing.
`
`Representative Information:
`
`
`
`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).
`Either enter Customer Number or complete the Representative Name section below. If both sections are completed the customer Number
`will be used for the Representative Information during processing.
`
`
`
`
`
`Please Select One: @ Customer Number
`0 US Patent Practitioner 0 Limited Recognition (37 CFR 11.9)
`
`
`
`
`
`Customer Number
`
`
`
`
` Given Name I Middle Name
`
`
`Family Name
`
`
`
`Remove
`
`
`
`Registration Number
`
`WEB ADS 1.0
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0015
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0015
`
`

`

`PTO/AIA/M (08-15)
`Approved for use through 048012017. OMB 0651 41032
`U.S. Patent and Trademark Office; US. 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
`
`DATA PROTECTION METHOD AND DEVICE
`Title of Invention
`
`
`
`
`Given Name Family Name Middle Name
`
`Remove
`
`
`
`
`
`
`
`Registration Number
`
`Additional Representative Information blocks may be generated within this form by
`selecting the Add button.
`
`
`
`Application Number
`
`Continuity Type
`
`Prior Application Number
`
`Domestic Benefit]National Stage Information:
`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. 1 19(e) or 120, and 37 CFR 1.78.
`
`When referring to the current application, please leave the "Application Number" field blank.
`
`
`
`Remove
`
`
`_rior_pplicationStatus
`
`
`Fi ing or 371 (c) Date
`
`
`
`
`(YYYY-MM-DD)
`
`
`Additional Domestic Benefit/National Stage Data may be generated within this form by
`
`selecting the Add button.
`
`
`
`Foreign Priority Information:
`
`This section allows for the applicant to 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 that is eligible
`for retrieval under the priority document exchange program (PDX) the information vilill be used by the Office to automatically attempt retrieval
`pursuant to 37 CFR 1.55(i)(1) and (2). Under the PBX 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
`application is filed, within the time period specified in 37 CFR 1.55(g)(1).
`
`Application Number
`
`Filing Date (YYYY-MM-DD)
`
`Access Codei(ifapplicable)
`
`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 ofan application filed before March 16, 2013 and (2) also
`contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March
`D 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 under the first inventor to file provisions of the AIA.
`
`WEB ADS 1.0
`
`DISH-Blue Spike 842
`
`Exhibit 1005, Page 0016
`
`DISH-Blue Spike 842
`Exhibit 1005, Page 0016
`
`

`

`PTO/AIA/M (08-15)
`Approved for use through 048012017. OMB 0651 —0032
`U.S. Patent and Trademark Office; US. 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.
`Attorney Docket Number
`
`Application Data Sheet 37 CFR 1.76
`
`Application Number
`
`
`
`
`Title of Invention
`
`DATA PROTECTION METHOD AND DEVICE
`
`Authorization or Opt-Out of Authorization to Permit Access:
`
`When this 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-out ofthe
`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 INITIAL filing ofan application.
`After the initial filing of an application, an Application Data Sheet cannot be used to provide or rescind authorization for access
`bya 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 Foreign Intellectual Property Officeis)
`
`A. Priority Document Exchange (PDX)— Unless box A in subsection 2 (opt—out ofauthorization) 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 other foreign intellectual property office participating with the USPTO in a
`bilateral or multilateral priority document exchange agreement in which a foreign application claiming priority to the instant
`patent application is 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 date offiling of this Authorization. See 37 CFR 1.14(h)(1).
`
`B. Search Results from US. 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 application is filed. See
`37 CFR1.14(h)(2).
`
`The applicant