Personalized User Model LLP v. Google Inc.

Filing 471

REDACTED VERSION of 454 Declaration, re Answering Brief in Opposition, to Google's Motion for Summary Judgment Regarding SRI and in Support of PUM's Cross-Motion for Summary Judgment (Declaration of Jennifer D. Bennett) by Personalized User Model LLP. (Attachments: # 1 Exhibits A-N)(Tigan, Jeremy)

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Exhibit A REDACTED IN ITS ENTIRETY Exhibit B REDACTED IN ITS ENTIRETY Exhibit C REDACTED IN ITS ENTIRETY Exhibit D REDACTED IN ITS ENTIRETY Exhibit E REDACTED IN ITS ENTIRETY Exhibit F REDACTED IN ITS ENTIRETY Exhibit G REDACTED IN ITS ENTIRETY Exhibit H REDACTED IN ITS ENTIRETY Exhibit I REDACTED IN ITS ENTIRETY Exhibit J REDACTED IN ITS ENTIRETY Exhibit K REDACTED IN ITS ENTIRETY Exhibit L REDACTED IN ITS ENTIRETY Exhibit M _ 4 e• A 7178852 .111111.1nalin: II sss ••• I. , 11111 II Ir. Awl:11211111. 111111.111.111111:11111181”!;:;11.11/11h111111•IIIIIEMELIIIIIILIIIII1111111111.11 31111111..._ ". • .' — 1.1.1.11111111111.11111111111111C111111.141.1111411111 , 11111.mmuhuniul.I.1,11111LLI.1111111.1.1.11 •1:21:1 110111111.1.BI L.II. III!Vila ninmninilmrmillilmiln N111 TAM OF AMER" 110)AUVEQAMILME WAgin PrillESEMIN .g1C__MLEt ,O UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office April 08, 2009 THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE RECORDS OF THIS OFFICE OF A DOCUMENT RECORDED ON January 14, 2008. By Authority of the Under Secretary of Commerce for Intellectual Property and Director of the United States P nt and Trademark Office P. S IN Certifying Officer HIGHLY CONFIDENTIAL OUTSIDE COUNSEL ONLY PUM 0069236 01-17-2008 Modified Version of PTO-1595 11111111111311111111 PATENTS ONLY 103476241 To the Director of the US Patent and Trademark Office: Please record documents or the new address(es) below. 1. Name of conveying party(les): ktrayille) 4 7/r/a/ . /077//irr 6,.D- ,I.irnaio / 30 p kif Additional name(s) of conveying partWres) attached? 0 Yes fil ' Egi No s 2. Name and address of receiving party(les): iiirr /Weir/ KRUM) 5572 „9-777 akrmir; J.*. Street address: City: fiat/ ii/PA' State: MY Zip: 47//0 Name: A.Aferywh,ze —e/ Additional name(s) and address(es) attached? 0 Yes Country: e-Ar4 ei No 3. Nature of conveyance/Execution Date(s): 0 Assignment • Joint Reseamh Agreement • Security Agreement • Government Interest Assignment • Merger 0 Executive Order 9424m Confirmatory License • Change of Name 0 Other Execution Date(s): May 23, 2007 4. Application or patent number(s); B. Patent No.(s) A. Patent Application No.(s) 6981040 091597975 • — C. Agent Ref No.(s) UTO-101/US This document is being filed together with a new application. Additional numbers attached? 0 Yes tii No 5. Name and address to whom correspondence concerning document should be mailed: Name: Lumen Patent Firm, Inc. Street address: 2345 Yale Street, Second Floor Zip: 94306 City: Palo Alto State: CA Phone No.: 650-424-0100 Fax No.: 650-424-0141 Country: USA Email: adminailumen.com 5. Total number of applications and patents involved: 1 1 7. Total fee (37 CFR 1.21(h) & 3.41): $ 40 ID Authorized to be charged by credit card 8. Payment Information: a. Credit Card Last 4 Numbers: 9737 Credit Card Expiration Date: 10/2009 9. Signature: Signature / Ron Jacobs / Reg.No. 50,142 Printed Name Ron Jacobs Date 1/8/08 Total number of pages including cover sheet, 4 attachments and documents: .. Documents to be recorded (Including cover sheet) should be faxed to (571-273-0140), or mailed to; Mall Stop Assignment Recordation Services, Director of the USPTO, P.O. Box 1450, Alexandria, VA 22313-1450. ji r, PATENT REEL: 020387 FRAME: 0123 HIGHLY CONFIDENTIAL OUTSIDE COUNSEL ONLY PUM 0069237 AZ-JUL-2007 10:47 FROM 00442077940145 TO 0015142213029 P.02/03 PATENT AND INIELLECTUAL PROPERTY ASSIGNMENT AGREEMENT THIS AGREEMENT is made the 23rd dsy of May, 2007 by and between Levine, Ltd. ("Assignor"), a company incotporned in the country of Cyprus, and Personalized User Model (PALM.) LLP, a Texas Limited Partnership, ("Assignee"). WHEREAS, Assignor agrees to assign to Assignee its entire title, rights and interest in and to TJnited States Patent No. 6,981,040 and any and all divisionals, continuations, continuations-in-part, reissues, renewals, extensions (including sollgementory Protection certificates), adclitions, registrations and confinnations thereof (as set forth on Schedule 1 thereto end incorporated by reference herein, the "Patent")e WHEREAS, Assignee and Assignor wish to document by formal assignment to Assignee of Assigaoes title, interest and rights in and to the Patent Assignee and Assignor therefore agree as follows. SECTION 1. ASSIGNMENT OF THE PATENT. (a) Astignor does heleby sell, transfer, convey, assign, quitclahn and deliver nnto Assignee all right title and interest of Assignor in and to the Patent, the registrations thereof, all righie of priority therein in the United States and its possessions end territories as may now or hereafter be grarrted to it by law or treaty, and all rights, interests, claims and demands mover-able in law and equity that Assignor has or may have in pmfits and damages for past, present and future infringements of the Patent, including, without limitation, the right to compromise, sue for and collect such profits and damages, the same to be held and enjoyed by Assignee, its successors and assigns or their legal representatives, as fully and enfirely as the same woutd have been held and enjoyed by Assignor if this Agreement had not been made. (b) Assigner hereby authorizes the Director of the United States Patent and Trademark Office and other empowered officials of the United States Patent and Trademark Office andfor the appropriate empowered officials in relevant jurisdictions to transfer the Parent to Assignee as assignee of Assignor's entire right, titles and interest therein or otherwise as Assignee rnay direct, in accordance with thisAgreement Assignor hereby agrees that Assignor shall and shall cause, upon (c) the ressonable request of the Assignee, each of its affiliates to, from time to time, execute and &diver re. Assignee such additional instrurnerits, documents, conveyances or assurances and take sea other action as shall be netessary or .otherwise reasonably Inquested by Assignee to confirm and assure the rights and obligations provided for in this Agreement and render effective the consummation of the transaction contemplated hereby and thisteby. SECTION 2. CHOICE OF LAW. This Agreement will be governed by, and constmed in accordance wide the laws of the State of Texas. PATENT REEL: 020387 FRAME: 0124 HIGHLY CONFIDENTIAL OUTSIDE COUNSEL ONLY PUM 0069238 05-JUL -2007 10:4e FROM 00442077940145 TO 0015142213029 P.03/03 SECTION 3. EXECUTION IN COUNTERPARTS; SEVERABILITY. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterpart; each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. Delivery of aa executed counterpart of a signature page to this Agreement by facsimile shall constitute delivery of a manually executed counterpart of this Agreement. In case any provision in or obligation under Ibis Agreement should be invalid, illegal or unenforceable in any juriscliction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall net in any way be affected or impaired thereby. SECTION 4. HEADINGS. The headings M the Sections and clauses of this Agreement are for convenience of reference only and shall not limit or otherwise affect any of the terms hereof. SECTION S. WAIVER OF JURY TRIAL. ASSIGNOR AND ASSIGNEE EACH HEREBY WAIVES ALL moms TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR (YllIER WISE) ARISING OUT OP OR RELATING TO THIS AGREEMENT. By signing in the places provided below, Assignor and Assignee accept and agree to all of the terms and waditions of this Agreement as of the day and year first above written. Personalized User Model (P.U.M.) LLP '3.3 /14/ER-K Name of Gen Skoullno TOTRL P.03 PATENT REEL: 020387 FRAME: 0126 HIGHLY CONFIDENTIAL OUTSIDE COUNSEL ONLY PUM 0069239 p.1 Jul 05 07 04:35a • SECTION 3. EXECUTION DI COUTITERPARTS; SEVERAI3ILITY. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to bc an original and all of which when taken together shall cons1itute one and the same agreement. Delivery elm executed counterpart of a signature page to this Agreement by facsimile shall constitute delivery of a manually executed counterpart of this At;reement. In case any provision in or obligation under this Agreement should be invalid, illegal or unenforceable in any jurisdiction, the validity, legaiity and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby. SECTION 4. HEADINGS. The headings in the Sections and clauses of this Agreement are for convenience of reference only and shall not limit or otherwise affect any of the terms hereof. SECTION 5. WAIVER OF JURY TRIAL. ASSIGNOR AND ASSIGNEE EACH HEREBY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR. OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT. By signing in the places provided below, Assigior and Assignee accept and agree to all orthe terms and condiaons of this Agreement as of the day and year first above written. Personalized User Model (P.U.M.)LLP Name of General Pottier: RECORDED: 01/1412008 HIGHLY CONFIDENTIAL OUTSIDE COUNSEL ONLY PATENT REEL: 020387 FRAME: 0126 PUM 0069240 Exhibit N REDACTED IN ITS ENTIRETY

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