`OFFICE
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`––––––––––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL
`BOARD
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`––––––––––––––––––
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`APPLE INC.,
`Petitioner,
`
`v.
`
`MEMORYWEB, LLC,
`Patent Owner.
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`––––––––––––––––––
`
`Case No. IPR2022-00031
`U.S. Patent No. 10,621,228
`
`––––––––––––––––––
`
`THIRD DECLARATION OF JEFFREY P. KUSHAN
`
`Petitioner Apple Inc., EX1116, p. Cover
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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`IPR2022-00031
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`Third Declaration of Jeffrey P. Kushan
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`I, Jeffrey P. Kushan, make the following Declaration pursuant to 28 U.S.C.
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`§ 1746:
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`1.
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`2.
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`I am a partner at the law firm of Sidley Austin LLP.
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`I provide this declaration in connection with the above-identified
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`inter partes proceeding pending before the United States Patent and Trademark
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`Office by Apple Inc. against MemoryWeb, LLC under 35 U.S.C. § 311, 37
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`C.F.R. § 42.104. Unless otherwise stated, the facts stated in this Declaration are
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`based on my personal knowledge.
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`3.
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`In ¶ 13 of the Declaration of Ms. Jennifer Hayes (Exhibit 2113),
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`Ms. Hayes states that “Exhibit 2099 is a true and correct comparison between
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`Ex. 1005 (A3UM) and Exhibit 2017.” See Declaration of Jennifer Hayes, Ex.
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`2113 at ¶ 13. In ¶ 13, Ms. Hayes also states “Exhibit 2113 was generated using
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`Litera Workshare Compare software.” See id. Exhibit 2113 in the second
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`sentence appears to be a typo and is presumably Exhibit 2099, which is
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`putatively a comparison of Exhibits 1005 and 2017.
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`4.
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`The examples below show that Exhibit 2107 is different from
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`Exhibit 1005 in at least these instances. The examples also demonstrate that the
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`redline portrayed by Exhibit 2099 does not reflect differences in the content of
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`Exhibit 1005 and Exhibit 2017. In the examples, I have added red boxes to
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`Petitioner Apple Inc., EX1116, p. 1
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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`IPR2022-00031
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`highlight the differences in the content of the two exhibits that were not captured
`
`Third Declaration of Jeffrey P. Kushan
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`in the redline portrayed by Exhibit 2099.
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`Petitioner Apple Inc., EX1116, p. 2
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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`IPR2022-00031
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`5.
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`Example 1:
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`Third Declaration of Jeffrey P. Kushan
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`Exhibit 1005 at 35
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`Exhibit 2107 at 44-45
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`Exhibit 2099 at 64
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`Petitioner Apple Inc., EX1116, p. 3
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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`IPR2022-00031
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`6.
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`Example 2:
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`Third Declaration of Jeffrey P. Kushan
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`Exhibit 1005 at 55
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`Exhibit 2107 at 64
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`Exhibit 2099 at 96
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`Petitioner Apple Inc., EX1116, p. 4
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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`IPR2022-00031
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`7.
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`Example 3:
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`Third Declaration of Jeffrey P. Kushan
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`Exhbit 1005 at 64
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`Exhibit 2107 at 71-72
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`Exhibit 2099 at 108-09
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`Petitioner Apple Inc., EX1116, p. 5
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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`IPR2022-00031
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`8.
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`Example 4:
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`Third Declaration of Jeffrey P. Kushan
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`Exhibit 1005 at 126
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`Exhibit 2107 at 125-26
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`Exhibit 2099 at 202
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`Petitioner Apple Inc., EX1116, p. 6
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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`IPR2022-00031
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`9.
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`Example 5:
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`Third Declaration of Jeffrey P. Kushan
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`Exhibit 1005 at 466-67
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`Exhibit 2107 at 387-99 (Chapter 14)
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`Exhibit 2099 at 692-94
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`Petitioner Apple Inc., EX1116, p. 7
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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`IPR2022-00031
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`10. Example 6:
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`Third Declaration of Jeffrey P. Kushan
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`Exhibit 1005 at 1020-23
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`Exhibit 2107 at 826-827
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`Exhibit 2099 at 1445-49
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`Petitioner Apple Inc., EX1116, p. 8
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`IPR2022-00031
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`(Example 6 continued…)
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`Third Declaration of Jeffrey P. Kushan
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`Petitioner Apple Inc., EX1116, p. 9
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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`IPR2022-00031
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`
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`Third Declaration of Jeffrey P. Kushan
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`I, Jeffrey P. Kushan, do hereby declare and state, that all statements made
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`herein of my own knowledge are true and that all statements made on information
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`and belief are believed to be true; and further that these statements were made
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`with the knowledge that willful false statements and the like so made are
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`punishable by fine or imprisonment, under Section 1001 of Title 18 of the United
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`States Code.
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`Dated: September 29, 2023
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`Respectfully Submitted,
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`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`
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`Petitioner Apple Inc., Ex. 1116, p. 10
`Apple Inc. v. MemoryWeb, LLC, IPR2022-00031
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`
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