UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Under Armour Inc.
`Petitioner
`
`v.
`
`adidas AG,
`Patent Owner
`
`
`
`
`Case No. IPR2015-00698
`
`Patent No. 8,092,345
`
`DECLARATION OF JONATHAN D. OLINGER
`
`
`
`1
`
`Patent Owner adidas AG
`Exhibit 2045 - Page 1 of 5
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Under Armour Inc.
`Petitioner
`
`v.
`
`adidas AG,
`Patent Owner
`
`
`
`
`Case No. IPR2015-00698
`
`Patent No. 8,092,345
`
`DECLARATION OF JONATHAN D. OLINGER
`
`
`
`1
`
`Patent Owner adidas AG
`Exhibit 2045 - Page 1 of 5
`
`
`
`
`
`
`
`I, Jonathan D. Olinger, being over the age of 18 and competent to make the
`
`declarations herein, do hereby declare as follows:
`
`
`1.
`
`I am an attorney licensed to practice law in the state of Georgia. I
`
`have also been admitted to practice in the following Federal Courts: U.S. District
`
`Court for the Northern District of Georgia; U.S. District Court for the Eastern
`
`District of Texas; and U.S. District Court for the District of Colorado. I am a
`
`member in good standing in all jurisdictions where I have been admitted to
`
`practice.
`
`
`2.
`
`I have been admitted to appear pro hac vice in this proceeding as
`
`back-up counsel. See Paper 19.
`
`
`3.
`
`Exhibit 2005 is a true and correct copy of the webpage “About Us” by
`
`MapMyFitness as of November 15, 2015, which is available at
`
`http://about.mapmyfitness.com/about/company-history/.
`
`
`4.
`
`Exhibit 2006 is a true and correct copy of the webpage “Running,
`
`Running Maps and Running Routes, Runners Community” by MapMyRun as of
`
`November 15, 2015, which is available at http://www.mapmyrun.com/.
`
`
`5.
`
`Exhibit 2007 is a true and correct copy of the webpage
`
`“MapMyFitness, Inc.: Private Company Information” by Businessweek as of
`
`November 15, 2015, which is available at
`
`2
`
`Patent Owner adidas AG
`Exhibit 2045 - Page 2 of 5
`
`
`
`
`
`http://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=60835
`
`454.
`
`
`6.
`
`Exhibit 2008 is a true and correct copy of Under Armour, Inc.’s Form
`
`10-K for the Period Ending 12/31/13, which is available at
`
`http://investor.underarmour.com/common/download/sec.cfm?companyid=UARM
`
`&fid=1336917-14-8&cik=1336917.
`
`
`7.
`
`Exhibit 2010 is a true and correct copy of the webpage “Getting
`
`Started” by MapMyFitness Help & Support, which is available at
`
`https://support.mapmyfitness.com/hc/en-us/articles/200118014-Getting-started-
`
`with-the-app.
`
`
`8.
`
`Exhibit 2011 is a true and correct copy of the webpage “Change
`
`Profile Photo” by MapMyFitness Help & Support as of November 19, 2015, which
`
`is available at https://support.mapmyfitness.com/hc/en-us/articles/200117694-
`
`Change-Profile-Photo.
`
`
`9.
`
`Exhibit 2012 is a true and correct copy of the webpage “How to save
`
`and view photos using the in-app camera” by MapMyFitness Help & Support as of
`
`November 19, 2015, which is available at https://support.mapmyfitness.com/hc/en-
`
`us/articles/200118494-How-to-save-and-view-photos-using-the-in-app-camera.
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`
`
` Exhibit 2013 is a true and correct copy of the webpage “Where are my 10.
`
`Workouts and Routes?” by MapMyFitness Help & Support as of November 19,
`
`3
`
`Patent Owner adidas AG
`Exhibit 2045 - Page 3 of 5
`
`
`
`
`
`2015, which is available at https://support.mapmyfitness.com/hc/en-
`
`us/articles/200118224-Where-are-My-Workouts-and-Routes-.
`
`
`
` Exhibit 2014 is a true and correct copy of the webpage “Docs” by 11.
`
`Under Armour Developer as of November 18, 2015, which is available at
`
`https://developer.underarmour.com/docs.
`
`
`
` Exhibit 2015 is a true and correct copy of the webpage “Activity Type 12.
`
`(v7.1)” by Under Armour Developer as of November 19, 2015, which is available
`
`at https://developer.underarmour.com/docs/read/v71_Activity_Type.
`
`
`
` Exhibit 2016 is a true and correct copy of the webpage “Incorrect 13.
`
`Calorie Calculations” by MapMyFitness Help & Support as of November 16,
`
`2015, which is available at https://support.mapmyfitness.com/hc/en-
`
`us/articles/200118084-Incorrect-Calorie-Calculations.
`
`
`
` Exhibit 2017 is a true and correct copy of the article “MapMyFitness 14.
`
`Activity Feed enables social sharing across devices” in MobiHealth News,
`
`authored by Jonah Comstack and dated January 20, 2014, which is available at
`
`http://mobihealthnews.com/29012/mapmyfitness-activity-feed-enables-social-
`
`sharing-across-devices/.
`
`
`
` Exhibit 2018 is a true and correct copy of a presentation entitled 15.
`
`“Mobile App Marketing Insights How Consumers Really Find and Use your Apps”
`
`4
`
`Patent Owner adidas AG
`Exhibit 2045 - Page 4 of 5
`
`
`
`
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`by Google dated May 2015, which is available at
`
`https://think.storage.googleapis.com/docs/mobile-app-marketing-insights.pdf.
`
`
`
` Exhibit 2019 is a true and correct copy of a presentation entitled 16.
`
`“Social Intelligence Report, Q1 2014” by Adobe Digital Index, which is available
`
`at
`
`www.cmo.com/content/dam/CMO_Other/ADI/SocialIntelligence_Q12014/Q1_20
`
`14_social_intelligence_report.pdf.
`
`
`
` Exhibit 2022 is a true and correct copy of “Mobile App Questions” by 17.
`
`MapMyFitness Help & Support as of November 19, 2015, which is available at
`
`https://support.mapmyfitness.com/hc/en-us/categories/200003344-Mobile-App-
`
`Questionshttp://about.mapmyfitness.com/about/company-history/.
`
`
`18.
`
`I declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing statements are true and correct.
`
`
`
`Executed on December 9, 2015
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`
`
`
`
`
`
`
`
`
`
`
` /s/ Jonathan D. Olinger
`Jonathan D. Olinger
`KILPATRICK TOWNSEND &
`STOCKTON LLP
`1100 Peachtree Street, NE
`Suite 2800
`Atlanta, GA 30309
`Telephone: (404) 815-6500
`Facsimile: (404) 815-6555
`jolinger@kilpatricktownsend.com
`
`
`
`5
`
`Patent Owner adidas AG
`Exhibit 2045 - Page 5 of 5
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