Case Document 1-13 Filed 04/12/17 Page 1 of 8 Exhibit 13 Case Document 1-13 Filed 04/12/17 Page 2 of 8 {1 ii CST 2813 URT Elevator; Form 1 FDN IN THE SUPREME COURT OF SOUTH AUSTRALIA IN THE CIVIL JURISDICTION of BETWEEN GLOBAL EQUITY MANAGEMENT (SA) PTY LTD Plaintiff and ELECTRONIC FRONTIER FOUNDATION Defendant AFFIDAVIT OF SCHUMANN RAFIZADEH Filed on behalfofthe Plaintiff, Conatur Legal GLOBAL EQUITY MANAGEMENT 1026 South Road (SA) PTY LTD by Edwardstown SA 5039 Telephone: 08 8177 2043 Mobile: Facsimile: 08 8177 2049 Email: info@conatur.com.au Code: L2529 Code: Settled by: Sean Richter Date and time of filing or transmission: Case Document 1-13 Filed 04/12/17 Page 3 of 8 Rule lol Form 33 Af?davit AFFIDAVIT I SCHUMANN of 59 Gully Road. Seacliff Park 5049, Technology inventor and Director SWEAR ON OATH THAT: 1. The Plaintiff, Global Equity Management (SAcompany listed under the Corporations Act 2001 (Cth) and is a legal person capable of suing and being sued in its own name and resident in the State of South Australia+-. GEMSA is an asset management company engaged in investing in technology and innovation and hi-tech jobs creation in South Australia. A copy of the to Company search extract is exhibited hereto and marked with the letters A copy of website is exhibited hereto and marked with the letters i am the Director and Shareholder of the Plaintiff. A current copy of my Resume is exhibited hereto and marked with the letters La) 4. i am the inventor of US Patent No. 6690400 as part of a portfolio of patents that also includes US 7356677 and US 6401183 relating to virtualization technology. A cooy of the Granting of the Patent is exhibited hereto and marked with the letters 5. On 17 August 2016 I came to find the article titled ?Stupid Patent ofthe Month: Storage Cabinets on a Computer? written by Daniel Nazer which was published on 30 June. 2016 by the its website ?Electronic Frontier Foundation- Defending Your Rights in the Digital World.? 30 {a .1 i 3a; PASHA IRANMEHR grif??f A Commissioner for taking oaths af?davits in the Supreme Court oiSouth Australia Case Document 1-13 Filed 04/12/17 Page 4 of 8 cabinets~computer) (?the Article"). A copy of the Article is exhibited hereto and marked with the letters 6. On or about 17 August 2016, visited the website and read the article. was immediately hurt and insulted as I am the inventor of the referenced patent and a director of 7. This article is damaging to GEMSA's reputation and credibility. There is currently litigation on foot in the Federal Court for Eastern District of Texas relating to a patent dispute in relation to this patent. The article is prejudicial to that pending patent dispute. 8. On or about 17 August 2016 consulted with US. based legal team Ramey Schwaller who advised me to retain representation in Australia. 9. On or about 26 August 2016 instructed Conatur Legal to write to EFFORG and request immediate withdrawal of the damaging article published on the World Wide Web. A copy of their letter dated 26 August 2016 is exhibited hereto and marked with the letters 10. On 13 September 2016 i received a responding letter from King Wood Mallesons solicitors representing the Defendant. A copy of their letter dated 3 August 2016 is exhibited hereto and marked with the letters 11. I am concerned that if the article is not immediately removed from EFFORG, and the defendant otherwise publishes or broadcasts the statements, GEMSA will sustain irreparable damage to its reputation and credibility. The article?s continued publication and circulation through various common web search engines and other such websites is continuing to damage the reputation and credibility of GEMSA, which it critically relies upon for its negotiations and ongoing discussions for the licensing arrangements and our Intellectual Property (IP), including the referenced patent. PASHA IRANMEHR A Commissioner for taking oaths 8r, af?davits in the Supreme Court of South Australia 30/ 0?1 zetf Case Document 1-13 Filed 04/12/17 Page 5 of 8 17 Additionally, if the article is not taken down immediately, many potential future licensees are likely to be discouraged from entering licensing agreements or negotiating in good faith for the product which is referred to in the article. Furthermore, the article is prejudicial to the potential for resolving the current litigation in the US. 13. Finally, the continued publication and dissemination of the article is affecting GEMSA's global development. The article discourages innovation, and this in turn may have an ongoing adverse impact upon the growth of GEMSA as a South Australian company which seeks to create a surplus of hi-tech employment opportunities in the Australian sector. 14. At this point in time it would difficult to quantify precise extent of any losses sustained consequent to the publication of the article. in order to limit the extent of such losses, it is necessary that the article be removed from the World Wide Web immediately. 15. In the circumstances, respectively request that this action be heard as a matter of urgency, be made especially returnable, and that order be granted in terms of the interlocutory application filed herewith. PASHA IRANMEHR A Commissioner for taking oaths af?davits in the 9.1 Mt Supreme Court of South Australia .Case Document 1-13 Filed 04/12/17 Page 6 of 8 lo. I know the facts deposed to herein of my own information, knowledge and belief except where otherwise appears. SWORN by the above named deponent at 394v- ?at/3015 "l 'f Before me: Note The jurat must (C) PASHA IRANMEHR .. 1 A for taking oaths af?davits in the Supreme Court of South Australia be signed by all deponents; be completed and signed by the person before whom the af?davit was sworn whose name and quali?cation must be printed beneath his or her signature: contain the full address of the person before whom the af?davit was sworn: and follow immediately on from the text and not be put on a separate page. Case Document 1-13 Filed 04/12/17 Page 7 of 8 Form 1 Front sheet FDN THE SUPREME COURT OF SOUTH AUSTRALIA IN THE CIVIL JURISDICTION SCCIV 0f BETWEEN GLOBAL EQUITY MANAGMENT (SA) PTY LTD Plaintiff and ELECTRONIC FRONTIER FOUNDATION Defendant EXHIBITS TO AFFIDAVIT OF SCHUMANN RAFIZADEH These are the exhibits marked R1 to referred to in the af?davit of Schumann Ra?zadeh sworn this 30th day of September 2016. i145 W1 (PM/nave. Before me: ?9 dim??516..? 9414 in (091?4? ac Sou-1* AWHUHQ Emma Case Document 1-13 Filed 04/12/17 Page 8 of 8 Form I Front FDN IN THE SUPREME COURT OF SOUTH AUSTRALIA IN THE CIVIL JURISDICTION SCCIV of BETWEEN GLOBAL EQUITY MANAGMENT (SA) PTY LTD Plaintiff and ELECTRONIC FRONTIER FOUNDATION Defendant INDEX TO EXHIBITS Tab No. Exhibit Page NoSR3 6-10 4 SR4 ?1 1-34 5 SR5 35?37 6 SR6 38 7 39-40