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`I, Daniel Steven Block, declare as follows:
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`1.
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`I am currently employed as an Associate Attorney at Sterne, Kessler, Goldstein &
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`Fox P.L.L.C. I am more than twenty-one years of age, and I make this declaration based on my
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`personal knowledge, experience, and belief. If called upon, I can testify competently to the facts
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`stated in this declaration.
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`2.
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`On September 4th, 2013, I traveled to VMware, Inc. headquarters located at 3401
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`Hiliview Avenue, Palo Alto, CA 94304.
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`3.
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`At VMware, I was provided access to two different versions of VMware software
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`referred to as "Media Kits." These kits were provided to the media as part of the marketing
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`efforts by VMware of each of the respective versions of software. Specifically, each of these kits
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`included VMware packaging, CD-ROMs having VMware software and documentation, and
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`hard copies of VMware documentation. I photographed all of the packaging, documentation and
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`CD-ROMs. Further, I imaged the CD-ROMs using conventional CD imaging software into the
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`ISO format.
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`4.
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`Attached as Ex. A are my photographs of the VMware ESX Server 1.0 kit
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`contents, including photographs of the packaging and the two included CD-ROMs labeled
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`VMware ESX Server 1.0 and VMware ESX Server 1.0.1d. The VMware ESX Server 1.0 kit
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`further included two user guides titled VMware ESX Server User’s Manual Version 1.0 and
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`VMware ESX Server User’s Manual Version 1.5. The VMware ESX User’s Manual 1.5 further
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`included a registration card, which I also photographed.
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`-1-
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`Symantec 2007
`Veeam v. Symantec
`IPR2013-00150
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`
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`5. (cid:9)
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`I note that VMware ESX version 1.0.1 was apparently available for purchase and
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`evaluation from the VMware website at least as of June 23, 2001.
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`(See Affidavit of Christopher
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`Butler, August 26th, 2013, at p. 5 (provided as Ex. C).) The documentation was also apparently
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`available for download for ESX 1.0.1 as of at least June 15, 2001.
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`(See Affidavit of Christopher
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`Butler, July 15th, 2013, at p. 5 (provided as Ex. D).) Further, I note that VMware ESX version
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`1.0 was apparently available for purchase and evaluation from the VMware website at least as of
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`June 8th, 2001. (See Affidavit of Christopher Butler, August 29th, 2013, at p. 6 (provided as Ex.
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`E).). The documentation for VMware ESX version 1.0 was also appears to have been available
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`for download as of at least June 6th, 2001. See Ex. D, at p. 13.
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`6.
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`Attached as Ex. B are my photographs of the VMware Workstation for Linux kit
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`contents, including the packaging and two CD-ROMs labeled VMware Workstation for Linux
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`Systems Version 1.0 and VMware computers with sampled Linux distributions. The Workstation
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`CD-ROM was enclosed in an envelope having an End User License Agreement printed on the
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`envelope, and also bearing serial number 1F31E-Y5EMN-V3ZY3-134VZ. Also, included in the
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`media kit was documentation titled "Getting Started Guide VMware 2.0 for Linux," a "Quick
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`Reference Card," and a "Registration" card bearing the same serial number as the "End User
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`License Agreement" envelope.
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`7.
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`Attached as Ex. F is the ISO image I created of the CD-ROM titled VMware ESX
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`Server 1.0 (photographed in Ex. A).
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`8.
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`Attached as Ex. G is the ISO image I created of the CD-ROM titled VMware ESX
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`Server 1.0.1 d (photographed in Ex. A).
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`-2-
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`9. (cid:9)
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`Attached as Ex. H is the ISO image I created of the CD-ROM titled VMware
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`Workstation for Linux Systems Version 1.0 (photographed in Ex. B).
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`I declare under penalty of perjury of the laws of the United States that the foregoing is
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`true and correct.
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`Executed this 5th day of September, 2013, in Washington, D.C.
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`L1)
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`Daniel Steven Block
`Reg. No. 68,395
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`-3-
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