`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COMPASS BANK, AMERICAN EXPRESS COMPANY, AMERICAN
`EXPRESS TRAVEL RELATED SERVICES COMPANY, INC.,
`DISCOVER FINANCIAL SERVICES, DISCOVER BANK, DISCOVER
`PRODUCTS INC., AND STATE FARM MUTUAL AUTOMOBILE
`INSURANCE COMPANY
`Petitioners
`
`v.
`
`MAXIM INTEGRATED PRODUCTS, INC.,
`Patent Owner
`____________
`
`Case CBM2015-00101
`Patent 6,105,013
`____________
`
`DECLARATION OF NATHAN LOWENSTEIN IN SUPPORT OF
`PATENT OWNER MAXIM INTEGRATED PRODUCTS, INC.’S
`MOTION FOR PRO HAC VICE ADMISSION OF NATHAN LOWENSTEIN
`UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`Maxim Integrated Products, Inc., Exhibit 2009
`Compass Bank et al. v. Maxim, CBM2015-00101
`Page 2009-001
`
`
`
`
`I, Nathan Lowenstein, declare as follows:
`
`1.
`
`2.
`
`I am an attorney licensed to practice law in the State of California.
`
`I am a member in good standing in all jurisdictions where I have been
`
`admitted to practice.
`
`3.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`4.
`
`I have never had an application denied for admission to practice
`
`before any court or administrative body.
`
`5.
`
`I have never had any sanctions or contempt citations imposed upon
`
`me by any court or administrative body.
`
`6.
`
`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 37 C.F.R.
`
`7.
`
`I agree to be subject to the U.S.P.T.O. Rules of Professional Conduct
`
`set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a).
`
`8.
`
`I plan to submit a declaration and application, concurrent with this
`
`application, to appear pro hac vice in the related matters CBM2015-
`
`00098 and CBM2015-00102.
`
`Maxim Integrated Products, Inc., Exhibit 2009
`Compass Bank et al. v. Maxim, CBM2015-00101
`Page 2009-002
`
`
`
`
`9.
`
`I have applied to appear pro hac vice in two other proceedings before
`
`the U.S.P.T.O. in the last three years: IPR2015-00095 and IPR2015-
`
`00097. Those proceedings are not related to the proceeding that is the
`
`subject of this declaration.
`
`10.
`
`I am a partner at the law firm of Lowenstein & Weatherwax LLP.
`
`Formerly, I was an attorney at the law firm of Irell & Manella LLP.
`
`11.
`
`I have practiced law in California for the past ten years, and the
`
`majority of my practice has consisted of patent litigation and other
`
`patent related matters. Representative patent litigations where I have
`
`been actively involved as patent litigation counsel include Tessera,
`
`Inc. v. Micron Technology, Inc. et al., 2:05-cv-00094-JDL (E.D.
`
`Tex.); St. Jude Medical, Inc., et al. v. Access Closure, Inc., 4:08-cv-
`
`04101 (W.D. Ark.); Microprocessor Enhancement Corp. v. Texas
`
`Instruments Inc., 8:08-cv-01123 (C.D. Cal.); and Quantum World
`
`Corp. v. Atmel Corp. et al., 2:07-cv-00024 (E.D. Tex.).
`
`12.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I have reviewed the Patent at issue, U.S. Patent No.
`
`6,105,013, as well as two other related patents for which Petitioners
`
`have filed a Petition for Covered Business Method Review (U.S.
`
`Patent Nos. 5,940,510 and 6,237,095). I have also reviewed the
`Maxim Integrated Products, Inc., Exhibit 2009
`Compass Bank et al. v. Maxim, CBM2015-00101
`Page 2009-003
`
`
`
`
`Petitions and the relevant art in the three proceedings. In addition, I
`
`participated in drafting of the Patent Owner Preliminary Responses in
`
`all three proceedings and, am therefore, intimately familiar with the
`
`factual and legal issues in this matter.
`
`I hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements are made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`
`
`__________________________________
`
`Nathan Lowenstein
`Lowenstein & Weatherwax LLP
`
`Date: October 13, 2015
`
`
`
`Maxim Integrated Products, Inc., Exhibit 2009
`Compass Bank et al. v. Maxim, CBM2015-00101
`Page 2009-004