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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
`RESPONSIVE CLAIM CONSTRUCTION BRIEF
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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 the Claim Construction
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`Memorandum and Order in RFCyber Corp. v. Google LLC, Google Payment Corp., Sam
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`Electronics Co., Ltd. and Samsung Electronics America, Inc., Dkt. 147, dated November 17, 2021.
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`5.
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`Attached hereto as Exhibit B is a true and correct copy of the September 5, 2023
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`Declaration of Mark Jones in Support of RFCyber Corp.’s Opening Markman Brief.
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`Case 6:22-cv-00697-ADA Document 43-1 Filed 09/05/23 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 the file history of U.S.
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`Patent No. 8,118,218.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on September 5, 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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