IPR2019-01510
`U.S. Patent 8,296,351
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWITTER, INC.,
`Petitioners
`
`v.
`BLACKBERRY LIMITED,
`Patent Owners
`
`CaseIPR2019-01510
`Patent 8,296,351
`
`DECLARATION OF SAYEM OSMAN
`
`Twitter Exhibit 1019
`Twitter, Inc. v. BlackBerry Ltd.
`Page 00001
`
`
`U.S. Patent 8,296,351
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWITTER, INC.,
`Petitioners
`
`v.
`BLACKBERRY LIMITED,
`Patent Owners
`
`CaseIPR2019-01510
`Patent 8,296,351
`
`DECLARATION OF SAYEM OSMAN
`
`Twitter Exhibit 1019
`Twitter, Inc. v. BlackBerry Ltd.
`Page 00001
`
`
`
`IPR2019-01510
`U.S. Patent 8,296,351
`
`I, Sayem Osman, make the following Declaration pursuant to 28 U.S.C. § 1746:
`
`1.
`
`I am a senior litigation paralegal at the law firm of Paul, Weiss, Rifkind,
`
`Wharton & Garrison LLP.
`
`2.
`
`I provide this Declaration in connection with the Petitioner's Petition for Inter
`
`Partes Review proceeding that is being requested at the United States Patent and
`
`Trademark Office by the Petitioners under 35 U.S.C. §§311-319, 37 C.F.R. §42.
`
`Unless otherwise stated, the facts stated in this Declaration are based on my personal
`
`knowledge.
`
`3.
`
`EX1001 hereto is a true and correct copy of U.S. Patent No. 8,296,351, which
`
`I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's Public
`
`PAIR Website (https://portal.uspto.gov/pair/PitblicPair). An exhibit label on the first
`
`page and page numbers on all pages have been added to the bottom of this document
`
`but no other alterations have been made.
`
`4.
`
`EX1002 hereto is a true and correct copy of U.S. Patent No. 8,296,351 File
`
`History, which I retrieved on August 9, 2019 from the U.S. Patent & Trademark
`
`Office's Public PAIR Website (https://porta1.uspto.gov/pair/PublicPair). An exhibit
`
`label on the first page and page numbers on all pages have been added to the bottom
`
`of this document but no other alterations have been made.
`
`5.
`
`EX 1005 hereto is a true and correct copy of WO 2001 011507, which I
`
`retrieved on August 9, 2019 from the World Intellectual Property Organization's
`
`Page 00002
`
`
`
`IPR2019-01510
`U.S. Patent 8,296,351
`
`Website (https://www.wipo.int/portal/en/index.html, specifically
`
`https://patentscope.wipo..int/search/docs2/pct/WQ2001011507/pdf/N9Dp-kqs~
`
`iPq 1 jq08vSUck2bXSvD pvTWiNKv4 ePmjGZ ezFH6ke0k28vsbTO6C0b6pX
`
`WRlpgqCwagJ3T6v4iHwYpbvN2H c2u:^:UDqHHi6nW8oHpJaKi.nme8tI-
`
`6KCF?docId=09006361800295fc). An exhibit label on the first page and page
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`6.
`
`EX 1006 hereto is a true and correct copy of U.S. Patent No. 7,110,749,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`7.
`
`EX1007 hereto is a true and correct copy of U.S. Patent Application
`
`Publication No. 2002/0073235, which I retrieved on August 9, 2019 from the U.S.
`
`Patent & Trademark Office's Public PAIR Website
`
`(https://portal.uspto.gov/pair/PubI icPair). An exhibit label on the first page and page
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`8.
`
`EX1008 hereto is a true and correct copy of U.S. Patent No. 8,458,286,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Page 00003
`
`
`
`IPR2019-01510
`U.S. Patent 8,296,351
`
`Public PAIR Website (https://portal.uspto.gov/pa.ir/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`9.
`
`EX1009 hereto is a true and correct copy of U.S. Patent No. U.S. Patent No.
`
`6,285,987, which I retrieved on August 9, 2019 from the U.S. Patent & Trademark
`
`Office's Public PAIR Website (littps://portal.uspto.gov/pair/PubricPair). An exhibit
`
`label on the first page and page numbers on all pages have been added to the
`
`bottom of this document but no other alterations have been made.
`
`10. EX1016 hereto is a true and correct copy of the Corrected Final Ruling on
`
`Claim Construction/Markman Hearing, BlackBerry Ltd. v. Facebook, Inc., No.
`
`2:18-cv-01844-GW-KS, Dkt. No. 157 (Apr. 5, 2019), which I retrieved on August
`
`9, 2019 from the Case Management/Electronic Case Files website for the Central
`
`District of California (https://ecf.cacd.uscourts.gov/doc 1/031130354037). An
`
`exhibit label on the first page and page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`11. EX1017 hereto is a true and correct copy of the First Amended Complaint
`
`for Patent Infringement, BlackBerry Ltd. v. Facebook, Inc., No. 2:18-cv-01844-
`
`GW-KS, Dkt. No. 15 (CD. Cal. Apr. 4, 2018), which I retrieved on August 9,
`
`2019 from the Case Management/Electronic Case Files website for the Central
`
`District of California (https://ecf.cacd.uscoiirts.gov/docl/03ri27886246). An
`
`Page 00004
`
`
`
`IPR2019-01510
`U.S. Patent 8,296,351
`
`exhibit label on the first page and page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`12. EX1018 hereto is a true and correct copy of the Complaint for Patent
`
`Infringement, BlackBerry Ltd. v. Snap Inc., No. 2:18-cv-02693-GW-KS, Dkt. No. 1
`
`(CD. Cal. Apr. 3, 2018), which I retrieved on August 9, 2019 from the Case
`
`Management/Electronic Case Files website for the Central District of California
`
`(https://ecf.cacd.uscourts.gov/docl/Q31127874522). An exhibit label on the first
`
`page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`13. EX1020 hereto is a true and correct copy of U.S. Patent No. 6,353,398, which
`
`I retrieved on August 14, 2019 from the U.S. Patent & Trademark Office's Public
`
`PAIR Website (littps://portal.uspto.gov/pair/PublicPair). An exhibit label on the first
`
`page and page numbers on all pages have been added to the bottom of this document
`
`but no other alterations have been made.
`
`14. EX1021 hereto is a true and correct copy of U.S. Patent No. 6,664,922,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/Pub 1 icPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`Page 00005
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`
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`IPR2019-01510
`U.S. Patent 8,296,351
`
`15. EX 1022 hereto is a true and correct copy of U.S. Patent No. 8,612,294,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`16. EX1023 hereto is a true and correct copy of WO 00/41090, which I retrieved
`
`on August 9, 2019 from the U.S. Patent & Trademark Office's Public PAIR
`
`Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on the first page
`
`and page numbers on all pages have been added to the bottom of this document but
`
`no other alterations have been made.
`
`17. EX1024 hereto is a true and correct copy of U.S. Patent No. 7,917,390,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`18. EX1025 hereto is a true and correct copy of WO 00/67450, which I retrieved
`
`on August 9, 2019 from the U.S. Patent & Trademark Office's Public PAIR
`
`Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on the first page
`
`and page numbers on all pages have been added to the bottom of this document but
`
`no other alterations have been made.
`
`Page 00006
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`IPR2019-01510
`U.S. Patent 8,296,351
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`19. EX 1026 hereto is a true and correct copy of WO 00/67092, which I retrieved
`
`on August 9, 2019 from the U.S. Patent & Trademark Office's Public PAIR
`
`Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on the first page
`
`and page numbers on all pages have been added to the bottom of this document but
`
`no other alterations have been made.
`
`20. EX1030 hereto is a true and correct copy of U.S. Patent No. 6,374,292,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`21. EX1031 hereto is a true and correct copy of U.S. Patent Pub. No.
`
`2002/0165773 Al, which I retrieved on August 9, 2019 from the U.S. Patent &
`
`Trademark Office's Public PAIR Website (https://portal.uspto.gov/pair/PublicPair).
`
`An exhibit label on the first page and page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`22. EX1032 hereto is a true and correct copy of WO 99/60504, which I retrieved
`
`on August 9, 2019 from the U.S. Patent & Trademark Office's Public PAIR
`
`Website (https://portai.uspto.gov/pair/PublicPair). An exhibit label on the first page
`
`and page numbers on all pages have been added to the bottom of this document but
`
`no other alterations have been made.
`
`Page 00007
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`
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`IPR2019-01510
`U.S. Patent 8,296,351
`
`23. EX1039 hereto is a true and correct copy of U.S. Patent No. 6,108,533,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`24. EX1041 hereto is a true and correct copy of U.S. Patent No. 6,182,066,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`25. EX1042 hereto is a true and correct copy of U.S. Patent No. 8,365,221,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https ://portal. uspto. gov/pair/Publ icPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`26. EX1043 hereto is a true and correct copy of U.S. Patent Application Publication
`
`No. 2002/0046084, which I retrieved on August 15, 2019 from the U.S. Patent &
`
`Trademark Office's Public PAIR Website (https://portal.uspto.gov/pair/PublicPair).
`
`An exhibit label on the first page and page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`7
`
`Page 00008
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`
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`IPR2019-01510
`U.S. Patent 8,296,351
`
`27. EX 1044 hereto is a true and correct copy of U.S. Patent No. 5,924,040,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portaLuspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`28. EX1045 hereto is a true and correct copy of U.S. Patent No. 5,588,042,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`29. EX1046 hereto is a true and correct copy of U.S. Patent No. 6,738,630,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPa.ir). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`30. EX1047 hereto is a true and correct copy of U.S. Patent No. 5,918,225,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`Page 00009
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`IPR2019-01510
`U.S. Patent 8,296,351
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`31. EX1048 hereto is a true and correct copy of U.S. Patent No. 5,945,987,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto.gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`32. EX1049 hereto is an excerpt of a true and correct copy of the Feb. 6, 2019
`
`Deposition Transcript of Kevin Almeroth, BlackBerry Ltd. v. Facebook Inc., No. 2:18-
`
`cv-01844-GW-KS (CD. Cal.), Dkt. No. 240-5 (filed July 17, 2019), which I retrieved
`
`on August 9, 2019 from the Case Management/Electronic Case Files website for the
`
`Central District of California (https://ecf.cacd.uscoiirts.gov/docl/031131045899).
`
`An exhibit label on the first page and page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`33. EX1050 hereto is an excerpt of a true and correct copy of the Declaration of
`
`Kevin Almeroth, BlackBerry Ltd. v. Facebook Inc., No. 2:18-cv-01844-GW-KS
`
`(CD. Cal), Dkt. No. 110-2 (filed Feb. 14, 2019), which I retrieved on August 9,
`
`2019 from the Case Management/Electronic Case Files website for the Central
`
`District of California (https://ecf.cacd.uscou.rts.gov/docl/031129969928). An
`
`exhibit label on the first page and page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`Page 00010
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`IPR2019-01510
`U.S. Patent 8,296,351
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`34. EX1051 hereto is a true and correct copy of the First Amended Complaint,
`
`BlackBerry Ltd. v. Twitter Inc, No. 2:19-cv-1444-GW-KS (CD. Cal.), Dkt. No. 36
`
`(filed June 4, 2019), which I retrieved on August 9, 2019 from the Case
`
`Management/Electronic Case Files website for the Central District of California
`
`(https://ecf.cacd.uscourts.gov/docl/03ri30753845). An exhibit label on the first
`
`page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`35. EX1054 hereto is a true and correct copy of U.S. Patent No. 5,512,908,
`
`which I retrieved on August 9, 2019 from the U.S. Patent & Trademark Office's
`
`Public PAIR Website (https://portal.uspto. gov/pair/PublicPair). An exhibit label on
`
`the first page and page numbers on all pages have been added to the bottom of this
`
`document but no other alterations have been made.
`
`36.
`
`I have been warned that willful false statements and the like are punishable
`
`by fine or imprisonment, or both. I make this declaration of my own personal
`
`knowledge, and all statements are true. If called to testify as to the truth of the
`
`matters stated herein, I could and would testify competently.
`
`10
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`Page 00011
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`IPR2019-01510
`U.S. Patent 8,296,351
`
`37.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on this 16th day of August, 2019 at Washington, D.C
`
`/
`
`Sayem Osman
`
`11
`
`Page 00012
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`
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