Data Scape Limited v. Dell Technologies, Inc. et al

Western District of Texas, txwd-6:2019-cv-00129

Exhibit D

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EXHIBIT D Docket No. 468536US IN THE UNITED STATES PATENT AND TRADEMARK OFFICE IN RE APPLICATION OF: Koji HIRANO, et al. SERIAL NO: 15/080,681 March 25, 2016 EXAMINER: PENDLETON, DIONNE RECORDING APPARATUS, SERVER APPARATUS, RECORDING METHOD PROGRAM AND STORAGE MEDIUM TERMINAL DISCLAIMER COMMISSIONER FOR PATENTS ALEXANDRIA, VIRGINIA 22313 Commissioner: Now comes the undersigned, Attorney of Record in the present application, who avers as follows: Sony Corporation is the owner of the eruire right, title and interest in and to the invention claimed and disclosed in the above-captioned patent application by virtue of assignment said Assignment having been recorded in the U.S. Patent and Trademark Office at reel no. 015506, frame(s) 0310, Sony Corporation hereby disclains the terminal part of any patent granted on the above-captioned applica- tion, which would extend beyond the expiration date of the full statutory tenn defined i 35 USC.154 and 173 as shonened by any terminal disclaimer or US. Patent No. 9330,707 and hereby agrees that any patent so granted on said above-captioned application shall be enforceable only for and during such period that it and Patent No. 9,330,707 are commonly owned. This agreement runs with any patent granted on the above-captioned application and is binding upon the granted, its successors or assigns. Sony Corporation does not disclaim any terminal part of any patert gruned on the above-captioned application that would extend to the full statutory term as defined in 35 US.C. 154 and 173 as shortened by any terminal disclaimer of US Patent No. 9,330,707 in the event that it later, expires for failure to pay a maintenance fee, is held unenforceable, is found invalid, is starorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321(a), has all claims canceled by a reexamination certificate, is reissued, or is otherwise terminated prior to the expiration of its statutory lexin as shortened by any terminal disclaincr, except for the separation of common ownership stated above. Respectfully Submitted, OBLON, MCCLELLAND, MAIER & NEUSTADT, LLP. Johnny Ma January 31, 2017 Date Signed Bradley D. Lytle Registration No. 40,073 Customer Nuinber 22850 Johny Ms Registration No. 59,976 www