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supplementary declaration outlining limited-use losses - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Todd S. Glassey, In Pro Se 305 McGaffigan Mill Road Boulder Creek, CA. 95006 (408) 890-7321 [email protected] UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN FRANCISCO CALIFORNIA CIVIL DIVISION Microsemi Inc, US Government, et Al;, Appellee, vs. Todd S. Glassey, In Pro Se, and , Michael E. McNeil, In Pro Se, Appellant Case No.: No. 14-17574 Motion to take Judicial Notice USPTO correcting ORIGINAL FILING INFORMATION FOR US6370629 Motion to take Judicial Notice USPTO correcting ORIGINAL FILING INFORMATION FOR US6370629 1. May it Please the Court, Appellant/Plaintiffs do move the Court to TAKE Judicial Notice of these documents as having been formally filed and published by USPTO. This effort to get USPTO to correct the original filing affidavits and the Original Filing from ASSIGNED to CONDITIONALLY ASSIGED, an action by the ASSIGNMENT DESK of the USPTO as evidenced by their publication of the attached NEW ASSIGNMENT DOCUMENT AS A CORRECTION TO THE ORIGINAL ASSIGNMENT PACKAGE WHICH WAS ALSO INCLUDED IN THIS PUBLICATION. This took place formally in the first Case: 14-17574, 08/12/2015, ID: 9645284, DktEntry: 60-1, Page 1 of 3 (1 of 19)

14-17574 Docket 60 Documents

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Todd S. Glassey, In Pro Se

305 McGaffigan Mill Road

Boulder Creek, CA. 95006

(408) 890-7321

[email protected]

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

SAN FRANCISCO CALIFORNIA

CIVIL DIVISION

Microsemi Inc, US Government, et Al;,

Appellee,

vs.

Todd S. Glassey, In Pro Se, and ,

Michael E. McNeil, In Pro Se,

Appellant

Case No.: No. 14-17574

Motion to take Judicial Notice USPTO

correcting ORIGINAL FILING INFORMATION

FOR US6370629

Motion to take Judicial Notice USPTO correcting ORIGINAL FILING INFORMATION

FOR US6370629

1. May it Please the Court, Appellant/Plaintiffs do move the Court to TAKE

Judicial Notice of these documents as having been formally filed and

published by USPTO. This effort to get USPTO to correct the original

filing affidavits and the Original Filing from ASSIGNED to

CONDITIONALLY ASSIGED, an action by the ASSIGNMENT DESK of the USPTO as

evidenced by their publication of the attached NEW ASSIGNMENT DOCUMENT

AS A CORRECTION TO THE ORIGINAL ASSIGNMENT PACKAGE WHICH WAS ALSO

INCLUDED IN THIS PUBLICATION. This took place formally in the first

Case: 14-17574, 08/12/2015, ID: 9645284, DktEntry: 60-1, Page 1 of 3(1 of 19)

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week of August in 2013 and is inside the four year window started with

the TURN OVER of the executed Settlement Agreement on 26-Feb-2013.

2. The Documents include the original ASSIGNMENT PACKAGE AS FILED FOR

US6370629 showing the REMOVAL OF THE CO-INVENTOR AGREEMENT TO MAKE IT

APPEAR AS THOUGH THE FILING HAD A PERMANENT ASSIGNMENT;

3. NOTICE THERE IS NO CO-INVENTOR AGREEMENT ATTACHED AS THE CONTRACT

CLEARLY REQUIRES SINCE IT ONLY ASSIGNS THE CONTROL FOR ONE CALENDAR

YEAR. The purpose of this NOTICE Motion is to get the Court to formally

acknowledge that US6370629 when filed did not have a copy of the CO-

INVENTOR AGREEMENT ATTACHED TO IT, WHICH CLEARLY SAYS THE PATENT

ASSIGNMENT IS ONLY FOR ONE CALENDAR YEAR AND MAY NOT BE TRANSFERRED TO

ANY THIRD PARTY.

4. The corrected filing took 14 years to get in place and still has a bad

1595 (assignment form) which Appellant/Plaintiffs moved the Court to

order the correction of but like all of our motions it was stayed and

then dismissed without review by the Trial Court.

SUMMARY

5. In summary we ask the court to order Judicial Notice of this correction

from USPTO itself as to the original filing to reset it to CONDITIONAL

in form and realize that would mean the "Transfer of the Patent to

Case: 14-17574, 08/12/2015, ID: 9645284, DktEntry: 60-1, Page 2 of 3(2 of 19)

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DATUM CORPORATION which took place to enable Datum to sue for the

control of the Patent was an act based on this underlying apparent

misfiling of the Patent as Hastings (as Majority shareholder of Digital

Delivery Inc) Property;

6. As such we ask the Court to take notice of USPTO correcting the

assignment in the original patent to CONDITIONAL IN FORM;

Dated this 12TH Day of August, 2015

/s/ Todd S. Glassey

Todd S. Glassey, In Pro Se

305 McGaffigan Mill Road

Boulder Creek, CA. 95006

(408) 890-7321

[email protected]

Todd S. Glassey, In Pro Se

Case: 14-17574, 08/12/2015, ID: 9645284, DktEntry: 60-1, Page 3 of 3(3 of 19)

AUGUST 6, 2013PTAS

TODD S. GLASSSEY305 MCGAFFIGAN MILL RDBOULDER CREEK, CA 95006

103660494

UNITED STATES PATENT AND TRADEMARK OFFICENOTICE OF RECORDATION OF ASSIGNMENT DOCUMENT

THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT RECORDATION BRANCHOF THE U.S. PATENT AND TRADEMARK OFFICE. A COMPLETE COPY IS AVAILABLE AT THEASSIGNMENT SEARCH ROOM ON THE REEL AND FRAME NUMBER REFERENCED BELOW.

PLEASE REVIEW ALL INFORMATION CONTAINED ON THIS NOTICE. THE INFORMATIONCONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA PRESENT IN THE PATENTAND TRADEMARK ASSIGNMENT SYSTEM. IF YOU SHOULD FIND ANY ERRORS OR HAVEQUESTIONS CONCERNING THIS NOTICE, YOU MAY CONTACT THE ASSIGNMENT RECORDATIONBRANCH AT 571-272-3350. PLEASE SEND REQUEST FOR CORRECTION TO: U.S. PATENTAND TRADEMARK OFFICE, MAIL STOP: ASSIGNMENT RECORDATION BRANCH, P.O. BOX1450, ALEXANDRIA, VA 22313.

RECORDATION DATE: 07/22/2013 REEL/FRAME: 030939/0651NUMBER OF PAGES: 10

BRIEF: ORIG CONDITIONAL ASSIGNMENT CORRECTION

ASSIGNOR:GLASSEY, TODD S. DOC DATE: 07/19/2013

ASSIGNOR:MCNEIL, MICHAEL E. DOC DATE: 07/19/2013

ASSIGNEE:SYMMETRICOM (AS SUCCESSOR TO DDI)2300 ORCHARD PARKWAYATT LEGALSAN JOSE, CALIFORNIA US 95131

APPLICATION NUMBER: 09182342 FILING DATE: 10/29/1998PATENT NUMBER: 6370629 ISSUE DATE: 04/09/2002TITLE: CONTROLLING ACCESS TO STORED INFORMATION BASED ON GEOGRAPHICAL

LOCATION AND DATE AND TIME

ASSIGNMENT RECORDATION BRANCHPUBLIC RECORDS DIVISION

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