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`RFCyber CORP.,
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`v.
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`VISA U.S.A. INC.,
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`Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No. 6:22-cv-00697-ADA
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`JURY TRIAL DEMANDED
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`Defendant.
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`DECLARATION OF RICHARD M. COWELL IN SUPPORT OF
`PLAINTIFF RFCYBER CORP.’S RESPONSE IN OPPOSITION TO
`DEFENDANT VISA U.S.A. INC.’S OPPOSED MOTION
`TO STAY PENDING INTER PARTES REVIEW (DKT. 22)
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`I, Richard M. Cowell, hereby declare as follows:
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`1.
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`I have personal knowledge of the facts set forth in this declaration. I am competent
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`to testify as to all matters stated, and I am not under any legal disability that would in any way
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`preclude me from testifying.
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`2.
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`I am Counsel at the law firm of Fabricant LLP and counsel of record for Plaintiff
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`RFCyber Corp., in this matter.
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`3.
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`The exhibits attached to this declaration may contain annotations and/or excerpts
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`of the originals.
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`4.
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`Attached hereto as Exhibit A is a true and correct copy of Plaintiff’s Disclosures of
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`Asserted Claims and Infringement Contentions, dated May 8, 2023.
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`5.
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`Attached hereto as Exhibit B are true and correct copies of Ex Parte Reexamination
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`Certificate for U.S. Patent No. 8,118,218, issued January 11, 2023; and, Ex Parte Reexamination
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`Certificate for U.S. Patent No. 8,448,855, issued April 28, 2023.
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`Case 6:22-cv-00697-ADA Document 28-1 Filed 06/22/23 Page 2 of 2
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`6.
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`Attached hereto as Exhibit C is a true and correct copy of an article dated September
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`9, 2014 entitled Visa Launches Innovative Token service, taken from https://usa.visa.com/about-
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`visa/newsroom/press-releases.releaseld.9896.html on June 22, 2023.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on June 22, 2023 in Cranford, New Jersey.
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`/s/ Richard M. Cowell
` Richard M. Cowell
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`2
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