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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________________
`
`FedEx Corp.,
`Petitioner
`
`v.
`
`Intellectual Ventures II LLC,
`Patent Owner
`_________________________
`
`Case IPR2017-00859
`U.S. Patent No. 9,047,586
`_________________________
`
`
`
`
`DECLARATION OF JOSEPH M. SCHAFFNER
`IN CONNECTION WITH INTER PARTES REVIEW
`OF UNITED STATES PATENT NO. 9,047,586
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`I, Joseph M. Schaffner, make the following Declaration under 28 U.S.C.
`
`§ 1746:
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`1.
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`I am an attorney at the law firm of Finnegan, Henderson, Farabow,
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`Garrett & Dunner, LLP.
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`2.
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`I provide this Declaration in connection with this Inter Partes Review
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`proceeding at the United States Patent and Trademark Office. Petitioner FedEx
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`Corp. requested this proceeding under 35 U.S.C. §§ 311-319 and 37 C.F.R. § 42.
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`
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`Unless otherwise stated, the facts stated in this Declaration are based on my
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`Case No. IPR2017-00859
`United States Patent No. 9,047,586
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`personal knowledge.
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`3.
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`Exhibit 1006 submitted in this proceeding is a true and correct copy of
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`an excerpt, including pages 1, 2, 13, 14, 16-18, 34-37, 55, 56, 75, 76, 79, 87, 131,
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`137, 139, 145, 225-240, 257-262, and 319-329, from the third edition of The Bar
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`Code Book by Roger C. Palmer, dated 1995, published by Helmers Publishing, Inc.
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`For use in the record, this document has been marked with an exhibit label and
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`page numbers on each page. This book was purchased on October 26, 2016 from
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`the online retailer Amazon (Ex. A).
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`4.
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`Exhibit 1025 submitted in this proceeding is a true and correct copy of
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`an excerpt, including page 1594, of Webster’s Third New International Dictionary,
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`volume II, dated 1986, published by Encyclopædia Britannica, Inc. For use in the
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`record, this document has been marked with an exhibit label and page numbers on
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`each page.
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`5.
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`Exhibit 1031 submitted in this proceeding is a true and correct copy of
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`an excerpt from the deposition of Leslie Baych, listed inventor of U.S. Patent No.
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`9,047,586 (Ex. 1001), in civil action Intellectual Ventures II, LLC v. FedEx Corp.,
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`No. 2:16-cv-980 (E.D. Tex.). For use in the record, this document has been
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`marked with an exhibit label and page numbers on each page.
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`6.
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`Exhibit 1035 submitted in this proceeding is a true and correct copy of
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`Case No. IPR2017-00859
`United States Patent No. 9,047,586
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`an excerpt, including pages 10-13, of Compressed Image File Formats, by John
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`Miano, dated 1999, published by Addison-Wesley. For use in the record, this
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`document has been marked with an exhibit label and page numbers on each page.
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`7.
`
`Exhibit 1036 submitted in this proceeding is a true and correct copy of
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`an excerpt, including pages 153 and 154, from Encyclopedia of Graphics File
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`Formats, by James D. Murray and William vanRyper, dated 1996, by O’Reilly &
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`Associates, Inc. For use in the record, this document has been marked with an
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`exhibit label and page numbers on each page.
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`8.
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`Exhibit 1037 is a true and accurate copy of a record obtained from the
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`Library of Congress’s Copyright Catalog, available at http://cocatalog.loc.gov/cgi-
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`bin/Pwebrecon.cgi?DB=local&PAGE=First. To obtain the record, I searched for
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`the string “ANSI MH10.8.3” in the “Search for” field and clicked the button
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`“Format for Print/Save.”
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`9.
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`Exhibit 1038 is a true and accurate copy of a record obtained from the
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`Library of Congress’s Copyright Catalog, available at http://cocatalog.loc.gov/cgi-
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`bin/Pwebrecon.cgi?DB=local&PAGE=First. To obtain the record, I searched for
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`the string “Bar Code Book” in the “Search for” field, selected the second option
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`designated by copyright number TX0004243339 dated 1995, and clicked the
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`button “Format for Print/Save.”
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`Case No. IPR2017-00859
`United States Patent No. 9,047,586
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`10. Exhibit 1039 is a true and correct copy of an excerpt, including pages
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`1, 2, 13, 14, 16-18, 34-37, 48-50, 55, 56, 75, 76, 79, 87, 131, 137, 139, 145, 225-
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`240, 257-262, 319-329, 359, 361, and final page 386 from the third edition of The
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`Bar Code Book by Roger C. Palmer, dated 1995, published by Helmers Publishing,
`
`Inc. For use in the record, this document has been marked with an exhibit label
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`and page numbers on each page. This book was purchased on October 26, 2016
`
`from the online retailer Amazon (Ex. A).
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`11.
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`I make this declaration of my own personal knowledge. If called to
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`testify as to the truth of the matters stated herein, I could and would testify
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`competently.
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`12.
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`I declare under penalty of perjury that the foregoing is true and
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`correct.
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`Executed this 2nd day of March 2018 in Chantilly, VA.
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`Joseph M. Schaffner
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`EXHIBIT A
`EXHIBIT A
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`4of5
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`50f6
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`
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`Ama5z0n.com - Order 113-5325731-5613055
`O_.., O'l
`
`amggoncom'
`
`
`Page 1 of]
`
`Final Details for Order #113-5325731—5613055
`
`Print this page for your records.
`
`Order Placed: October 26, 2016
`Amazon.com order number: 113—5325731-5613055
`
`Order Total: $33.94
`
`Shipped on October 30, 2016
`
`Items Ordered
`
`1 of: The Bar Code Book: Reading, Printing, and Specification of Bar Code
`Symbols, Palmer, Roger C.
`Sold by: Abraham's Book Store (seller prgfile)
`
`Price
`
`$29.95
`
`Condition: New
`Brand new book with minor shelf wear.
`
`Shipping Address:
`Jeffrey Berkowitz
`
`
`
`United States
`
`Item(s) Subtotal: $29.95
`Shipping & Handling:
`$3.99
`
`Sales Tax:
`
`$0.00
`
`Shipping Speed:
`Standard Shipping
`
`Total for This Shipment:$33.94
`.....
`
`Payment information
`
`Payment Method:
`American Express | Last digits: -
`
`Item(s) Subtotal: $29.95
`Shipping & Handling:
`$3.99
`
`Bllllng address
`Jeffrey BerkowltZ
`Finnegan LLP
`11955 Freedom Drive
`Reston, VA 20190
`United States
`
`Total before tax: $33.94
`Estimated tax to be collected:
`$0.00
`_____
`Grand Total-$33 94
`
`Credit Card
`transactions
`
`.
`.
`.
`.
`.
`AmericanExpress ending In - October 30, 2016.$33.94
`
`To view the status of your order, return to Order Summary.
`
`gonditions of Use | Privacy Notice © 1996-2018, Amazon.com, Inc. or its affiliates
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`6 of 6
`https://www.amazon.com/gp/css/summary/print.html/ref=od_aui_print_invoice?ie=UTF8&...
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`3/ 1/201 8
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