New Pacer--DECLARATION OF KYLE CHEN IN SUPPORT OF PLAINTIFFS’ CONSOLIDATED RESPONSIVE CLAIM CONSTRUCTION BRIEF [RELATED CASES] JURY TRIAL DEMANDED

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.
Case No. 5:08-cv-00877 JW

DECLARATION OF KYLE CHEN IN SUPPORT OF PLAINTIFFS’ CONSOLIDATED RESPONSIVE CLAIM CONSTRUCTION BRIEF [RELATED CASES] JURY TRIAL DEMANDED

Date: January 27, 2012
Time: 9:00 a.m.
Place: Courtroom 9, 9th Floor
Judge: Hon. James Ware
HTC CORPORATION, HTC AMERICA, INC.,
Plaintiffs,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION, and ALLIACENSE LIMITED,
Defendants.
Case No. 5:08-cv-00882 JW
BARCO N.V., a Belgian corporation,
Plaintiff,
v.
TECHNOLOGY PROPERTIES LTD., PATRIOT SCIENTIFIC CORP., ALLIACENSE LTD.,
Defendants.
Case No. 5:08-cv-05398 JW
Cooley LLP
Attorneys At Law
Palo Alto

I, Kyle Chen, declare:
1. I am an attorney at the law firm of Cooley LLP, counsel in this action for Plaintiffs HTC Corporation and HTC America, Inc. (collectively “HTC”). I make this declaration in support of Plaintiffs’ Consolidated Responsive Claim Construction Brief. I have personal knowledge of the facts contained within this declaration, and if called as a witness, can testify competently to the matters contained herein.
2. Attached to this declaration as Exhibit 1 is a true and correct copy of U.S. Patent No. 5,809,336 to Charles H. Moore and Russell H. Fish, III, issued September 15, 1998 (including the reexamination certificate).
3. Attached to this declaration as Exhibit 2 is a true and correct copy of the Memorandum Opinion and Order by Judge T. John Ward, filed June 15, 2007 (Docket No. 259), in Technology Properties Ltd., et al. v. Matsushita Electric Industrial Co., et al., Civil Action No. 2:05-CV-494 (TJW), in the U.S. District Court for the Eastern District of Texas, Marshall Division (“TPL v. Matsushita”).
4. Attached to this declaration as Exhibit 3 is a true and correct copy of U.S. Patent No. 4,689,581 to Gerald R. Talbot, issued August 25, 1987.
5. Attached to this declaration as Exhibit 4 is a true and correct copy of the Ex Parte Reexamination Interview Summary, dated February 12, 2008, from Control No. 90/008,227, a re-examination of U.S. Patent No. 6,598,148 to Charles H. Moore et al.
6. Attached to this declaration as Exhibit 5 is a true and correct copy of a portion of the original prosecution history of U.S. Patent No. 5,809,336.
7. Attached to this declaration as Exhibit 6 is a true and correct copy of the Amendment/Response During Ex Parte Reexamination Under 37 C.F.R. §1.510(e), dated February 26, 2008, from Control No. 90/008,227, a re-examination of U.S. Patent No. 6,598,148 to Charles H. Moore et al.
8. Attached to this declaration as Exhibit 7 is a true and correct copy of excerpts from Defendants’ Amended Patent Local Rule 3-1 Infringement Contentions for Reexamined U.S. Patent Nos. 5,809,336 and 6, 598,148, dated April 30, 2010.
Cooley LLP
Attorneys At Law
Palo Alto
9. Attached to this declaration as Exhibit 8 is a true and correct copy of the Amendment, dated April 15, 1996, from the file history of U.S. Patent No. 5,809,336 to Charles H. Moore et al.
10. Attached to this declaration as Exhibit 9 is a true and correct copy of the Amendment, dated September 8, 2008, from Control No. 90/008,306 merged with Control No. 90/008,237 merged with Control No. 90/008,474, a merged re-examination of U.S. Patent No. 5,809,336 to Charles H. Moore et al.
11. Attached to this declaration as Exhibit 10 is a true and correct copy of excerpts from Stephen A. Ward and Robert H. Halstead, Jr., Computation Structures (MIT Press).
12. Attached to this declaration as Exhibit 11 is a true and correct copy of the U.S. Patent No. 5,530,890 to Charles H. Moore and Russell H. Fish, III, issued June 25, 1996 (including the reexamination certificate).
13. Attached to this declaration as Exhibit 12 is a true and correct copy of excerpts from the deposition transcript of Andrew Wolfe, taken on November 12, 2010.
14. Attached to this declaration as Exhibit 13 is a true and correct copy of the U.S. Patent No. 5,440,749 to Charles H. Moore and Russell H. Fish, III, issued August 8, 1995 (including the reexamination certificate).
15. Attached to this declaration as Exhibit 14 is a true and correct copy of the Office Action, dated December 31, 1992, from the file history of U.S. Patent No. 5,440,749 to Charles H. Moore et al.
16. Attached to this declaration as Exhibit 15 is a true and correct copy of the Amendment, dated July 6, 1993, from the file history of U.S. Patent No. 5,440,749 to Charles H. Moore et al.
17. Attached to this declaration as Exhibit 16 is a true and correct copy of the Amendment in Response to Non Final Office Action in Ex Parte Reexamination Proceedings, dated January 19, 2010, from Control No. 90/009,034 merged with Control No. 90/009,389 merged with Control No. 90/010,520, a merged re-examination of U.S. Patent No. 5,440,749 to Charles H. Moore et al.
Cooley LLP
Attorneys At Law
Palo Alto
18. Attached to this declaration as Exhibit 17 is a true and correct copy of U.S. Patent No. 4,680,698 to Jonathan Edwards, David L. Waller and Michael D. May, issued July 14, 1987.
19. Attached to this declaration as Exhibit 18 is a true and correct copy of the Amendment in Response to Final Office Action in Ex Parte Reexamination Proceedings with Information Disclosure Statement, dated November 29, 2010, from Control No. 90/009,034 merged with Control No. 90/009,389 merged with Control No. 90/010,520, a merged re-examination of U.S. Patent No. 5,440,749 to Charles H. Moore et al.
20. Attached to this declaration as Exhibit 19 is a true and correct copy of the Examiner Interview Summary Record, dated October 25, 1994, from the file history of U.S. Patent No. 5,440,749 to Charles H. Moore et al.
21. Attached to this declaration as Exhibit 20 is a true and correct copy of Corrected Brief of Defendants-Appellees ARM Ltd. and ARM Inc., dated January 28, 2008, in Case No. 2008-1020 in the U.S. Court of Appeals for the Federal Circuit, an appeal from TPL v. Matsushita.
22. Attached to this declaration as Exhibit 21 is a true and correct copy of Brief for Plaintiff-Appellant Technology Properties Limited, Inc., dated December 10, 2007, in Case No. 2008-1020 in the U.S. Court of Appeals for the Federal Circuit, an appeal from TPL v. Matsushita.
23. Attached to this declaration as Exhibit 22 is a true and correct copy of Judgment, dated May 29, 2008, in Case No. 2008-1020 in the U.S. Court of Appeals for the Federal Circuit, an appeal from TPL v. Matsushita.
I declare under penalty of perjury that the foregoing is true and correct. Executed on January 6, 2012 in Palo Alto, California.
/s/_Kyle D. Chen
Kyle Chen
Cooley LLP
Attorneys At Law
Palo Alto