`Declaration of Norton R. Townsley
`
`
`
`
`Submitted on behalf 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 NORTON R. TOWNSLEY IN SUPPORT OF PATENT
`OWNER’S RESPONSE PURSUANT TO 37 C.F.R. § 42.120
`
`
`
`06012-00001/7742258.1
`
`LEVINE
`Ex. 2010
`
`
`
`Case IPR 2015-01341
`Declaration of Norton R. Townsley
`
`I, Norton R. Townsley, declare as follows:
`
`1.
`
`I am over the age of 18 and a resident of California. If called upon to
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`do so, I could and would testify to the following facts.
`
`2.
`
`On or before September 27, 1996, I was contacted by Seymour Levine
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`about the possibility of representing him for the purposes of obtaining patent
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`protection for his invention related to a remote flight recorder and timely aircraft
`
`advisory system. Mr. Levine provided me with a preliminary invention disclosure,
`
`which was similar in format and content to that contained in Exhibit 2003. I read
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`Mr. Levine’s preliminary invention disclosure and understood its contents.
`
`3.
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`On September 27, 1996, I sent a letter to William S. Ramsey
`
`requesting a patentability search on the invention disclosure provided to me by Mr.
`
`Levine, which I described in summary in the letter. A true and correct copy of that
`
`letter is contained in Exhibit 2005. This letter was made by me at or near the date
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`indicated on the letter and was transmitted to Mr. Ramsey on or near that date.
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`The letter was also made in the regular course of business as part of my regular
`
`practice to record such activity.
`
`4.
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`On or about October 18, 1996, I received the results of the
`
`patentability search from Mr. Ramsey, the substance of which I conveyed to Mr.
`
`Levine in a letter, a true and correct copy of which is contained in Exhibit 2006.
`
`This letter was made by me at or near the date reflected on the letter and was
`
`06012-00001/7742258.1
`
`-1-
`
`LEVINE
`Ex. 2010
`
`
`
`Case IPR 2015-01341
`Declaration of Norton R. Townsley
`
`transmitted to Mr. Levine on or near that date. The letter was also made in the
`
`regular course of business as part of my regular practice to record such activity.
`
`5. Within one week of his receiving the patentability search results and
`
`sometime prior to October 24, 1996, Mr. Levine asked me to represent him in the
`
`preparation and filing of a patent application to cover his invention of a Remote
`
`Flight Recorder and Timely Aircraft Advisory System. To this end, I prepared my
`
`standard Patent Preparation Contract to formalize my relationship with Mr. Levine,
`
`a true and correct copy of which is contained in Exhibit 2007. This contract was
`
`made by me at or near the date reflected on the contract and was executed by both
`
`me and Mr. Levine on or about that date. The contract was also made in the
`
`regular course of business as part of my regular practice.
`
`6.
`
`Over the next few weeks I worked to prepare Mr. Levine’s patent
`
`application, while also working on matters for other clients in the regular course of
`
`my practice. It is my practice to work on matters with earlier due dates before ones
`
`with later due dates. On or about November 19, 1996, I completed a first draft of
`
`Mr. Levine’s patent application and sent it to him for his review. A true and
`
`correct copy of my transmittal letter to Mr. Levine covering that draft application
`
`is contained in Exhibit 2008. This letter was made by me at or near the date
`
`reflected on the letter and was transmitted to Mr. Levine on or near that date. The
`
`06012-00001/7742258.1
`
`-2-
`
`LEVINE
`Ex. 2010
`
`
`
`letter was also made in the regular course of business as part of my regular
`
`Case IPR 2015-01341
`Declaration of Norton R. Townsley
`
`practice.
`
`7.
`
`Over the following few weeks I continued to work with Mr. Levine to
`
`revise his patent application and prepare it for filing. Mr. Levine always responded
`
`quickly to my drafts and I would implement any changes or suggestions he offered
`
`in the regular course of my work for him and my other clients. I filed Mr. Levine’s
`
`patent application on December 17, 1996. The time between my retention by Mr.
`
`Levine and the filing of his patent application was typical for my practice, if not a
`
`little shorter.
`
`I declare under penalty of perjury under the laws of the United States that
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`the foregoing is correct.
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`Executed on March 19 , 2016, at Los Angeles , California.
`
`
`
`
`
`06012-00001/7742258.1
`
`-3-
`
`LEVINE
`Ex. 2010
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