03/25/2013 15:17 FAX 1 206 682 6031
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`SEED IP LAW GROUP PLLC
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`RECEIV
`CENTRAL FAX ——
`MAR 2.52013,
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`REPLACEMENT DECLARATION — March 25, 2013
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`On October 23, 2009, we received instructions from our client to file a U.S. Non-
`Provisional patent application (filed as USAN 12/605,276 on October 23, 2009), an
`intemational patent application with the Patent Cooperation Treaty (filed as
`PCT/US2009/061960 on October 23, 2009), and a patent application in Taiwan (see
`attached e-mail entitled AVI Ref. 8090 — US Non-Provisional...dated October 23,
`2009).
`
`As the manager of our foreign filing department, I was responsible for sending the
`application to our associate in Taiwan (see attached e-mail entitled New Matter Form —
`120178.410TW dated October 23, 2009). Please see attached three e-mails dated
`October 23, 2009, to our Taiwanese associate providing the application documents for
`filing in Taiwan. The patent application wasfiled as Taiwanese patent application no.
`098136375 and has a filing date of October 26, 2009. No unlicensed material was
`transmitted to any other country outside the United States on October 23, 2009.
`
`At the time of sendingtheinstructions and application to our Taiwanese associate for
`filing, 1 understood that the subject matter of the application was not under any secrecy
`order.
`I currently understand that the subject matter of the application is not under any
`secrecy order.
`
`Further, when sending the application to our associate I failed to realize that the
`application to be filed in Taiwan included additional subject matter that may not have
`been coveredby the foreign filing license issued on November 24, 2008, in connection
`with United States Provisional patent application No. 61/108,416 filed October 24,
`2008. On December 4, 2009, when performing quality control review of our docketing
`database for non-US patent applicationsfiled in the final quarter of 2009, I noted the
`additional pages added to the application filed in Taiwan over U.S.Provisionalpatent
`application no. 61/108,416, and immediately prepared the Petition for Retroactive
`Foreign Filing License dated December 4, 2009.
`
`I declare that this inadvertent error was one ofoversight and without deceptive intent.
`
`I hereby declare that all statements made herein are of my own knowledge are true and
`that all statements made on information and belief are believed to be true; and further
`that these statements were made with the knowledge that willful false statements and
`the like so made are punishable by fine or imprisonment, or both, under Section 1001 of
`Title 18 of the United States Code and that such willful false statements may jeopardize
`the validity ofthe application or any patent issuing thereon.
`
`ate
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`eed IP Law Group
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`03/26/2013 15:17 FAX 1 208 682 6031
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`SEED IP LAW GROUP PLLC
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`Page 2
`Replacement Declaration — March 25, 2015
`120178.410TW
`
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`State of U20Shington
`County of King
`
`I certify that I know orhavesatisfactory evidence that Kyle Kosmicki is
`the person who appeared before me, and said person acknowledged that he signed this
`instrument and acknowledged it to be his free and voluntary act for the uses and
`purposes mentionedin the instrument.
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