`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AMERICAN EXPRESS CO.
`Petitioner
`
`LUNENFELD
`Patent Owner
`
`CaseCBM2014-00001
`Patent 8,326,924
`
`AFFIDAVIT IN SUPPORT OF MOTION
`FOR PRO HAC VICE ADMISSION OF
`RICHARD M. MARTINEZ UNDER 37 C.F.R. § 42.10(c)
`
`LUNENFELD
`EXHIBIT 2003-1
`
`
`
`CBM2014-00001
`Patent 8,326,924
`
`I, Richard M. Martinez, declare that:
`
`1)
`
`I am a partner at the law firm of Robins, Kaplan, Miller & Ciresi L.L.P. and
`
`provide this declaration in support ofPatent Owner's Motion for mypro hac vice
`
`admission. I have personal knowledge ofthe matters set forth below, and if called
`
`as a witness, I could and would testify competently to these matters.
`
`2) I have over 17 years of patent litigation experience, including fact and expert
`
`discovery, Markman hearings, and oral arguments in patent infringement matters
`
`before both Federal district courts and the United States Court of Appeals for the
`
`Federal Circuit. Most of my work as a patent litigation attorney hasbeen in the
`
`technical areas of computer software and hardware.
`
`3) I am a member in good standing ofthe State Bar of Minnesota.
`
`4)
`
`I have never been suspended ordisbarred from practice before any court or
`
`administrative body.
`
`5) No court or administrative body has ever denied my application for admission
`
`to practice before it.
`
`6) No court oradministrative body has ever imposed sanctions orcontempt
`
`citations on me.
`
`AFFIDAVIT OF
`RICHARD M. MARTINEZ
`
`
`
`CBM2014-00001
`Patent 8,326,924
`I have read and will comply with the Office Patent Trial Practice Guide and
`
`7)
`
`the Board's Rules ofPractice for Trials set forth in part 42 of37 C.F.R.
`
`8)
`
`I understand that I will be subject to the Office's Rules ofProfessional
`
`Conduct set forth in 3 7 C. F .R. §§11.101 etseq. and disciplinary jurisdiction
`
`under 37 C.F.R.§ 11.19(a).
`
`9)
`
`I am concurrently seeking pro hac vice admission to appear in Petitioners' co
`
`pending related matteragainst Patent Owner, Case CBM2014-00050, challenging
`
`claims of U.S. Patent No. 8,239,451, which is in the same patent family as the
`
`patent at issue in this proceeding. I have notapplied to appearpro hac vice in any
`
`other proceeding beforethe Office in the last three (3) years.
`
`10) I have established familiarity with the subject matter at issue in this
`
`proceeding. I serve as Patent Owner's counsel in the parallel litigations in the
`
`U.S. District Court for the District of Delaware in which the same patent was at
`
`issue: Metasearch Systems, LLC v. Expedia, Inc. et al., 12-cv-l 188-LPS (D.
`
`Del.); Metasearch Systems, LLC v. Travelocity.com LP, 12-cv-l 189-LPS (D.
`
`Del.); Metasearch Systems, LLC v. Orbitz Worldwide, Inc., 12-cv-l 190-LPS (D.
`
`Del.); Metasearch Systems, LLC v. Priceline.com Inc., 12-cv-l 191-LPS (D.
`
`Del.); Metasearch Systems, LLC v. Yahoo! Inc., 12-cv-1223-LPS (D. Del.);
`
`Metasearch Systems, LLC v. American Express Co. et al., 12-cv-1225-LPS (D.
`
`AFFIDAVIT OF
`RICHARD M. MARTINEZ
`
`
`
`CBM2014-00001
`Patent 8,326,924
`Del.). These litigations are now stayed pending the outcome of this proceeding
`
`and Case CBM2014-00050.
`
`11) Therefore, I have an established familiarity with the subject matter at issue in
`
`this proceeding.
`
`Pursuant to 18 U.S.C. § 1001,1 declare under penalty of perjuiy that the
`
`foregoing is true and correct.
`
`Dated: June 25, 2014
`
`Richard M. Martinez
`
`Sworn to and subscribed before me
`th\sS5^tay ofJune, 2014.
`
`Notary Public
`
`-/&£S&Z^_^
`
`DIANA MARIE SPENCE
`NOTARY PUBLIC- MINNESOTA
`MYCOMMISSION EXPIRES 01/31/19|
`
`(4857526.1
`
`^^(cid:127)*N^»**^^^^**^^**S^*i^*^«#S*H^S«
`
`AFFIDAVIT OF
`RICHARD M. MARTINEZ
`
`
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