`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC., SAMSUNG ELECTRONICS CO., LTD., and SAMSUNG
`ELECTRONICS AMERICA, INC., and GOOGLE, INC.
`Petitioner
`
`v.
`
`SMARTFLASH, LLC
`Patent Owner
`______________
`
`Case CBM2015-000321,2
`Patent 8,336,772 B2
`______________
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`DECLARATION OF JAMES R. BATCHELDER IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`I, James R. Batchelder, being duly sworn and upon oath, hereby attest to the
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`following:
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`1.
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`2.
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`I am a member in good standing of the Bar of California.
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`I have never been suspended or disbarred from practice before any court or
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`administrative body.
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`1 The challenge to claims 14 based on 35 U.S.C. § 101 in CBM2015-00059 has
`been consolidated with this proceeding.
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` 2
`
` The challenge to claims 14 and 22 based on 35 U.S.C. § 101 in CBM2015-00132
`has been consolidated with this proceeding.
`
`Apple Exhibit 1343
`Apple Inc. v. Smartflash, LLC
`CBM2015-00032
`Page 00001
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`
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`Case CBM2015-00032
`Patent 8,336,772 B2
`I have never been denied an application for admission to practice before any
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`3.
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`court or administrative body.
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`4.
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`No sanction or contempt citation has ever been imposed against me by any
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`court or administrative body.
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`5.
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`I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board’s Rules of Practice for Trials set forth in 37 C.F.R. Part 42.
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`6.
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`I will be subject to the USPTO Rules of Professional Conduct set forth in 37
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`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`7.
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`In the last three (3) years, I have applied to appear pro hac vice before the
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`Office in CBM2013-00020 (filed 11/12/2013 (Paper 23), granted 11/26/2013
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`(Paper 39)), CBM2013-00023 (filed 11/12/2013 (Paper 20), granted 11/26/2013
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`(Paper 35)), CBM2014-00108 (filed 3/27/2015 (Paper 28), granted 4/1/2015 (Paper
`
`29)), CBM2014-00112 (filed 3/27/2015 (Paper 27), granted 4/1/2015 (Paper 28)),
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`CBM2015-00015 (filed 3/27/2015 (Paper 21), granted 4/1/2015 (Paper 22)),
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`CBM2015-00016 (filed 3/27/2015 (Paper 21), granted 4/1/2015 (Paper 22)),
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`CBM2015-00017 (filed 3/27/2015 (Paper 20), granted 4/1/2015 (Paper 21)), and
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`CBM2015-00018 (filed 3/27/2015 (Paper 13), granted 4/1/2015 (Paper 14)), also
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`representing Apple. I have also applied to appear pro hac vice before the Office in
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`IPR2013-00191 (filed 2/3/2014 (Paper 45), granted 2/13/2014 (Paper 50)).
`
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`
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`-2-
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`Page 00002
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`Case CBM2015-00032
`Patent 8,336,772 B2
`Concurrently with the present motion, I intend to file a motion to apply to
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`8.
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`appear pro hac vice before the Office in CBM2015-00028, CBM2015-00029,
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`CBM2015-00031, and CBM2015-00033, also involving Apple and Smartflash.
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`9.
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`I am an experienced litigation attorney having familiarity with the subject
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`matter at issue in this proceeding. I have been practicing law since 1988 and have
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`extensive experience litigating patent infringement cases in many different District
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`Courts across the country, including participation in multiple trials, Markman
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`hearings, patent summary judgment proceedings , and other patent-related hearings
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`and pleadings concerning, inter alia, patent validity and/or infringement. I have
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`received professional recognition in the field of patent litigation by several
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`different organizations, including The Best Lawyers in America, Northern
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`California Super Lawyers, IAM Patent 100 – The World’s Leading Patent
`
`Practitioners, and Managing IP – “IP Star”. I am very familiar with U.S. Patent
`
`No. 8,336,772 (“the ‘772 Patent”) and the issues involved in this case. I have
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`represented Apple against Smartflash in the pending District Court litigation since
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`2013, and have been actively involved as lead counsel for Apple since that time.
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`As lead counsel in the District Court litigation, I have, among other things, been
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`heavily involved with forming invalidity positions against Smartflash’s ‘772 Patent
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`and related patents.
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`-3-
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`Page 00003
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`
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`Case CBM2015-00032
`Patent 8,336,772 B2
`I declare under penalty of perjury that the foregoing is true and correct. Executed
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`this 14th day of December, 2015, in East Palo Alto, CA.
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`
`
`
`
`
`
`
`
`
`
`/s/ James R. Batchelder
`James R. Batchelder
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`-4-
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`Page 00004