UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`EBAY ENTERPRISE, INC. and EBAY, INC.
`Petitioner
`v.
`LAWRENCE B. LOCKWOOD
`Patent Owner
`_____________________
`Case CBM2014-00026
`Patent No. 5,576,951
`_____________________
`
`AFFIDAVIT OF MARK P. WINE
`
`EBAY 1015
`EBAY v LOCKWOOD
`CBM2014-0026
`
`
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`EBAY ENTERPRISE, INC. and EBAY, INC.
`Petitioner
`v.
`LAWRENCE B. LOCKWOOD
`Patent Owner
`_____________________
`Case CBM2014-00026
`Patent No. 5,576,951
`_____________________
`
`AFFIDAVIT OF MARK P. WINE
`
`EBAY 1015
`EBAY v LOCKWOOD
`CBM2014-0026
`
`
`
`1.
`
`I, Mark P. Wine, am competent to present this affidavit, and have
`
`personal knowledge of the facts set forth herein.
`
`2.
`
`This affidavit is given in support of Petioner, eBay’s Motions for Pro
`
`Hac Vice Admission of Mark P. Wine in Case Nos. CBM-00025 and CBM2014-
`
`0026.
`
`3.
`
`I am a partner at the law firm of Orrick, Herrington & Sutcliffe LLP.
`
`I am an experienced litigating attorney and have been a litigating attorney for more
`
`than thirty-nine years.
`
`4.
`
`5.
`
`I have been litigating patent cases for over thirty years.
`
`I have established familiarity with the subject matter at issue in this
`
`proceeding. (Id., ¶ 6). I have litigated cases in area of electronic commerce. I
`
`have become familiar with U.S. Patent No. 5,576,951 (the “’951 Patent”) and with
`
`its prosecution history. (Id., ¶ 6). I also has in-depth familiarity with Lockwood’s
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`related U.S. Patent No. 7,010,508 (the “’508 Patent”) and its file history.
`
`6.
`
`I was counsel for eBay in a co-pending district court litigation against
`
`eBay Enterprise, Inc. That litigation is captioned Landmark Technology. LLC v.
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`iRobot Corporation, Civil Action No. 6:13-cv-0411 (E.D. Tex.) and involved the
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`’508 and ’951 patents also at issue in these covered business method review
`
`proceedings. As counsel for eBay, I had been actively involved in all aspects of its
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`district court litigation. (Id.)
`
`1
`
`
`
`7.
`
`8.
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`I am a member in good standing of the State Bar of California.
`
`I have never been disbarred from practice before any court or
`
`administrative body. I was once administratively suspended by the Minnesota
`
`Supreme Court for failure to pay annual registration dues. As explained below,
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`this administrative suspension occurred without my knowledge and I promptly
`
`corrected the situation upon being made aware of it.
`
`9.
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`In 1976 I became a member of the Minnesota Bar after passing the bar
`
`exam in that state. I practiced law in Minnesota from 1976 until 1997 when I
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`moved to California and passed the California Bar Exam.
`
`10.
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`Several years after moving to California I determined that I no longer
`
`wished to report CLE hours as required to be an active member of the Minnesota
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`Bar and took what I believed was an “inactive” status that could be converted back
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`to “active” upon proof that I had complied with my CLE requirements.
`
`11.
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`In July 2013 a staff member of my firm conducted a review of the
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`status of all attorneys in our firm who had bar memberships in states other than the
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`one in which they made their primary residence.
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`12. On July 24, 2013, I learned for the first time that I had been
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`administratively suspended by the Minnesota Supreme Court for failure to pay
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`annual registration dues and placed in a status referred to as “Involuntary
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`Restricted” until I made payment of past registration dues and requested a formal
`
`2
`
`
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`change of my status to “Voluntary Restricted” as provided in the Minnesota CLE
`
`rules.
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`13.
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`I was unaware of this administrative action by the Minnesota Supreme
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`Court until advised by my firm. I had received no communications of any sort from
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`the Minnesota Bar authorities for more than seven years prior to this discovery and
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`was unaware of my obligation to continue to pay registration fees.
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`14. Upon learning of this administrative suspension I immediately took
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`steps to bring my account current with the Minnesota Bar and simultaneously
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`petitioned the Minnesota Supreme Court to remove my administrative suspension
`
`and change my status to “Voluntary Restricted.” This status means that I am not
`
`permitted to practice law as a member of the Minnesota Bar until proof of CLE
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`compliance is made. It is the recommended status for non-resident members of the
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`Minnesota Bar who wish to maintain their membership.
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`15. As of August 7, 2013, the administrative suspension was removed by
`
`order of the Minnesota Supreme Court and I was placed on Voluntary Restricted
`
`status. In addition the Minnesota Board of CLE agreed to waive any requirement
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`that I complete additional CLE coursework at this time.
`
`16. No court or administrative body has ever denied my application for
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`admission to practice before it.
`
`3
`
`
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`17. No court or administrative body has ever imposed sanctions or
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`contempt citations on me.
`
`18.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of Section 37
`
`of the Code of Federal Regulations.
`
`19.
`
`I understand that I will be subject to the USPTO Rules of Professional
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`Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under
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`37 C.F.R. § 11.19(a).
`
`20.
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`I have applied and have been admitted to appear pro hac vice in
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`IPR2013-00433 and IPR2013-00436 before the Office in the last three (3) years.
`
`Mr. Wine is concurrently applying to appear pro hac vice before the Office in the
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`following covered business method review proceedings:
`
`Proceeding
`
`CBM2014-00026
`
`CBM2014-00025
`
`U.S. Patent No.
`
`5,576,951
`
`7,010,508
`
`21.
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`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
`
`4
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`
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`or imprisonment or both, under 18 U.S.C. 1001, and may jeopardize the validity of
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`the application or any patent issuing thereon.
`
`_______/Mark Wine/______________
`Mark P. Wine
`
`5
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