`Filed on behalf of Apple Inc.
`By: Larissa S. Bifano, Reg. No. 59,051
`Jonathan Hicks, Reg. No. 75,195
`Zachary Conrad (Reg. No. 77,682)
`DLA Piper LLP (US)
`
`33 Arch Street, 26th Floor
`Boston, Massachusetts 02110-1447
`Email: Larissa.Bifano@dlapiper.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`BILLJCO LLC,
`
`Patent Owner
`
`IPR2022-00129
`
`DECLARATION OF MICHAEL FOLEY, PH.D.
`REGARDING U.S. PATENT NO. 8,566,839
`
`APPLE
`EXHIBIT 1008 - PAGE 0001
`
`
`
`IPR2022-00129
`Patent 8,566,839
`
`I, Michael Foley, Ph.D., declare as follows:
`
`I.
`
`INTRODUCTION
`
`1.
`
`My name is Michael Foley, and I am currently the CEO of Innovative
`
`Yachtter Solutions, which provides consulting services relating to Internet-of-
`
`Things products, for example products that utilize Bluetooth Low Energy.
`
`2.
`
`I received a Bachelor of Science degree in Electrical Engineering
`
`from the University of Iowa, and a Master’s degree and Ph.D. in Electrical
`
`Engineering from Arizona State University.
`
`3.
`
`From 1999 to 2004, I worked at Microsoft Corporation as a wireless
`
`systems architect, where I worked on integrating wireless technology into
`
`Windows® and WinCE® platforms. I was also the Microsoft representative to
`
`several standards groups, including the Bluetooth Special Interest Group (“SIG”),
`
`the WAP Forum, and the Wi-Fi Alliance.
`
`4.
`
`From 2004 to 2012, I worked at the Bluetooth SIG as Executive
`
`Director and CEO. My responsibilities as Director and CEO of the Bluetooth SIG
`
`included, but were not limited to, directing strategy, member relations, operations,
`
`and technology development, expanding the Bluetooth SIG into Europe and Asia,
`
`and managing Bluetooth SIG board meetings.
`
`5.
`
`I was the Executive Director and CEO of the Bluetooth SIG when the
`
`Bluetooth Core Specification Version 2.0 + Enhanced Data Rate (“EDR”), titled
`
`1
`
`APPLE
`EXHIBIT 1008 - PAGE 0002
`
`
`
`IPR2022-00129
`Patent 8,566,839
`
`“Specification of the Bluetooth System: Wireless Connections Made Easy”
`
`(“Bluetooth Core”), was published on or about November 4, 2004.
`
`6.
`
`On or about November 4, 2004, I personally received and reviewed a
`
`copy of Bluetooth Core that the Bluetooth SIG published on or about November 4,
`
`2004.
`
`7.
`
`I have reviewed Exhibit 1007, and based on my review of that
`
`document, Exhibit 1007 is a true and correct copy of the Bluetooth Core
`
`Specification Version 2.0 + EDR as it existed and was publicly available on or
`
`about November 4, 2004. Exhibit 1007 is the same as the copy of the Bluetooth
`
`Core Specification Version 2.0 + EDR that I reviewed on or about November 4,
`
`2004.
`
`8.
`
`I have reviewed the following exhibits, each of which I understand
`
`was published before March 14, 2008:
`
` Exhibit 1014 (an Internet Archive capture, dated February 3, 2007, of the
`
`bluetooth.com webpage where core specifications could then be
`
`accessed).
`
` Exhibit 1015 (an Internet Archive capture, dated September 2, 2006, of
`
`the bluetooth.com webpage where Bluetooth Core could be downloaded).
`
`2
`
`APPLE
`EXHIBIT 1008 - PAGE 0003
`
`
`
`IPR2022-00129
`Patent 8,566,839
`
` Exhibit 1016 (an Internet Archive capture, dated December 12, 2004, of
`
`the bluetooth.com press release describing the adoption of Bluetooth
`
`Version 2.0 + EDR).
`
` Exhibit 1017 (a news article, dated April 11, 2007, describing a Marvell
`
`product supporting Bluetooth Version 2.0 + EDR).
`
` Exhibit 1018 (a news article, dated April 11, 2007, describing a Marvell
`
`product supporting Bluetooth Version 2.0 + EDR).
`
` Exhibit 1019 (a news article, dated March 1, 2006, describing testing
`
`gear supporting Bluetooth Version 2.0 + EDR).
`
` Exhibit 1020 (a journal publication, dated May 2006, describing then-
`
`available Bluetooth Version 2.0 + EDR).
`
` Exhibit 1021 (a journal publication, dated December 2004, describing the
`
`Bluetooth SIG’s adoption of Bluetooth Version 2.0 + EDR and
`
`publication of Bluetooth Core).
`
`9.
`
`Exhibits 1014 through 1021 are consistent with my personal
`
`knowledge that Bluetooth Core reference was publicly available on or about
`
`November 4, 2004.
`
`3
`
`APPLE
`EXHIBIT 1008 - PAGE 0004
`
`
`
`IPR2021-*****
`Patent 8,566,839
`
`I declare that all statements made in this declaration regarding my personal
`
`knowledge are true and accurate, and that all statements made on information and
`
`beliefare believed to be true. Further, ] understand that these statements were
`
`made with the knowledgethat willful false statements and the like are punishable
`
`by fine, imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`aMd) Fey
`
`Michael Foley
`
`Executed on
`
`|
`
`APPLE
`APPLE
`EXHIBIT 1008 - PAGE 0005
`EXHIBIT 1008 - PAGE 0005
`
`
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