`
`Case IPR 2015-01341
`Declaration of Seymour Levine
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`THE BOEING COMPANY
`Petitioner,
`v.
`SEYMOUR LEVINE
`Patent Owner
`
`Case IPR2015-01341
`
`Patent RE039,618
`
`DECLARATION OF SEYMOUR LEVINE IN SUPPORT OF PATENT
`OWNER'S RESPONSE PURSUANT TO 37 C.F.R. § 42.120
`
`LEVINE
`Ex. 2009
`
`
`
`Case IPR 2015-01341
`Declaration of Seymour Levine
`
`I, Seymour Levine, declare as follows:
`
`1.
`
`I am the named inventor on U.S. Reissue Patent RE39,618.
`
`I make
`
`this declaration of personal, first hand knowledge, and if called and sworn as a
`
`witness, I could and would testify competently hereto.
`
`2.
`
`On or before May 18, 1996, I conceived,
`
`in the United States, of the
`
`inventions disclosed and claimed in U.S. Patent RE39,618.
`
`I recorded the details
`
`of my invention in contemporaneous handwritten notes, true and correct copies of
`
`which are contained in Exhibit 2002. These notes were recorded by me at or near
`
`the time I conceived of my invention during the month of May, 1996, and my
`
`signature appears on the first page of Exhibit 2002, above my printed name and the
`
`first date on which the notes were recorded. As is my practice, each page of my
`
`notes is individually initialed by me and dated on the date the notes on that page
`
`were recorded. These notes were made in the regular course of business as part of
`
`my regular practice to record such activity.
`
`3.
`
`Sometime prior to September 27, 1996, I contacted patent attorney
`
`Norton Townsley about obtaining patent coverage for my invention.
`
`4.
`
`Prior to contacting Mr. Townsley, I converted my original notes into a
`
`draft invention disclosure for my invention, which I titled, "Remote Flight
`
`Recorder and Timely Aircraft Advisory System, Rafts." A true and correct copy of
`
`one version of that invention disclosure is contained in Exhibit 2003. I provided
`
`06012-OOOO1m42293.l
`
`-1-
`
`LEVINE
`Ex. 2009
`
`
`
`Case IPR 2015-01341
`Declaration of Seymour Levine
`an earlier version of this draft invention disclosure to Mr. Townsley. My draft
`
`invention disclosures were recorded by me at or near the time indicated on Exhibit
`
`2003 and I have personal knowledge thereof. My draft invention disclosures were
`
`made in the regular course of business as part of my regular practice to record such
`
`activity.
`
`5.
`
`On or about October 18, 1996, I received the results of a preliminary
`
`patentability search Mr. Townsley had requested,
`
`the contents of which are
`
`reflected in Exhibit 2006. Ireviewed the search results over the next few days then
`
`asked Mr. Townsley to proceed with preparing the patent application. On or about
`
`October 24, 1996, I received a Patent Preparation Contract from Mr. Townsley,
`
`the
`
`contents of which are reflected in Exhibit 2007, which I executed and returned to
`
`him.
`
`6.
`
`I continued to revise my draft invention disclosures, as reflected in
`
`Exhibit 2004, which is a true and correct copy of my revised draft invention
`
`disclosures for a "Remote Flight Recorder and timely Aircraft Advisory System,
`
`Rafts," dated October 23, 1996. This revised draft invention disclosure was
`
`recorded at or near the time indicated on Exhibit 2004 and I have personal
`
`knowledge thereof. My draft invention disclosure was made in the regular course
`
`of business as part of my regular practice to record such activity.
`
`06012-o<JOOlm42293.1
`
`-2-
`
`LEVINE
`Ex. 2009
`
`
`
`Case IPR 2015-01341
`Declaration of Seymour Levine
`On or about November 19, 1996, I received a draft patent application
`
`7.
`
`from Mr. Townsley with a transmittal
`
`letter having the contents reflected in Exhibit
`
`2008.
`
`I quickly reviewed the draft and returned it to Mr. Townsley with my
`
`comments and suggestions. Over the next few weeks I worked with Mr. Townsley
`
`to finalize the patent application so that it could be filed with the PTO.
`
`I declare under penalty of perjury under the laws of the United States that
`
`the foregoing is true and correct.
`
`Executed March2.r, 2016, atCvl...vtR
`
`CiTy, California.
`
`Seymour Levine
`
`06012-OOOO1n742293.1
`
`-3-
`
`LEVINE
`Ex. 2009
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