3rd Pacer--DECLARATION OF JAMES C. OTTESON IN SUPPORT OF DEFENDANTS’ OPENING CLAIM CONSTRUCTION BRIEF FOR THE “TOP TEN” TERMS

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
ACER, INC., ACER AMERICA CORPORATION and GATEWAY, INC.,
Plaintiffs,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION, and ALLIACENSE LIMITED,
Defendants.

DECLARATION OF JAMES C. OTTESON IN SUPPORT OF DEFENDANTS’ OPENING CLAIM CONSTRUCTION BRIEF FOR THE “TOP TEN” TERMS

Date: January 27, 2012
Judge: Hon. James Ware

HTC CORPORATION and HTC AMERICA, INC.,
Plaintiffs,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION and ALLIACENSE LIMITED,
Defendants.

BARCO, N.V.,
Plaintiffs,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION and ALLIACENSE LIMITED,
Defendants.

I, James C. Otteson, declare:

1. I am licensed to practice law in California and appear before this Court, and I represent Technology Properties Ltd. and Alliacense Ltd. (“Defendants”). I have personal knowledge of the matters set forth below and if called to testify, I could and would competently testify to the facts set forth herein.
2. Attached hereto as Exhibit X is a true and correct copy of the Ex Parte Reexamination Interview Summary from the reexamination of U.S. Patent No. 6,598,148, wherein the examiner requested a written explanation of the reasons the Talbot reference was distinguishable.
3. Attached hereto as Exhibit Y is a true and correct copy of a portion of the patent owners’ response, dated February 21, 2008 and filed February 26, 2008, setting forth the reasons the Talbot reference was distinguishable, as was requested in Exhibit X.
4. Attached hereto as Exhibit Z is a true and correct copy of the examiner’s action in response to Exhibit Y, stating at p. 5 that the patent owners’ arguments regarding Talbot, filed February 26, 2008 (Exhibit Y), “have been fully considered and are persuasive.”
5. Attached hereto as Exhibit AA is a true and correct copy of U.S. Patent No. 5,530,890, with reexamination certificate.
6. Attached hereto as Exhibit BB is a true and correct copy of U.S. Patent No. 5,440,749, with reexamination certificate.
7. Attached hereto as Exhibit CC is a true and correct copy of U.S. Patent No. 6,598,148, with accompanying reexamination certificate.
8. Attached hereto as Exhibit DD is a true and correct copy of U.S. Patent No. 5,809,336, with accompanying reexamination certificate.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on December 23, 2011, at Menlo Park, California.
/s/ James C. Otteson