`
`
`
`TO PETITIONER GOOGLE INC.’S UNOPPOSED
`MOTION FOR PRO HAC VICE ADMISSION
`OF KEVIN A. SMITH
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLE INC.
`Petitioner,
`
`v.
`
`SMARTFLASH LLC
`Patent Owner.
`
`Case CBM2015-00126
`Patent No. 8,118,221 B2
`
`
`
`
`
`
`
`
`
`DECLARATION OF KEVIN A. SMITH IN SUPPORT OF MOTION FOR PRO
`
`HAC VICE ADMISSION
`
`I, Kevin A. Smith, being duly sworn and under oath, state and declare as
`
`follows:
`
`1.
`
`I am a member in good standing of the State Bar of California and of the
`
`State Bar of New York.
`
`2.
`
`I have never been suspended or disbarred from practice by any court or
`
`administrative body.
`
`3.
`
`I have never been denied an application for admission to practice before any
`
`court or administrative body.
`
`01980-00035/7550687.1
`
`1
`
`Google Exhibit 1028 Page 00001
`
`
`
`
`
`4.
`
`I have never been sanctioned or had contempt citations imposed against me
`
`by any court or administrative body.
`
`5.
`
`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.
`
`6.
`
`I will be subject to the USPTO 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).
`
`7.
`
`I have not applied to appear pro hac vice before the Office in the last three
`
`(3) years.
`
`8.
`
`I am an experienced litigation attorney and have been practicing law since
`
`2006. My practice focuses on intellectual property litigation, and I have litigated
`
`patent infringement cases in district courts throughout the country. I have
`
`participated in all stages of district court proceedings in patent cases, including
`
`Markman hearings, trials, and other patent-related hearings and proceedings
`
`concerning patent validity and infringement issues.
`
`9.
`
`I have experience and am familiar with U.S. Patent No. 8,118,221 (“the ’221
`
`patent”). I am counsel for Google Inc., Samsung Electronics Co., Ltd., Samsung
`
`Electronics America, Inc., HTC Corporation, and HTC America, Inc. in currently
`
`stayed district court litigation where Smartflash asserts infringement of U.S. Patent
`
`Nos. 8,118,221; 7,334,720; 7,942,317; 8,033,458; 8,061,598; and 8,336,772, based
`
`in part on those defendants’ use of Google Play. (Smartflash LLC v. Google Inc.,
`
`01980-00035/7550687.1
`
`2
`
`Google Exhibit 1028 Page 00002
`
`
`
`
`
`E.D. Tex. No. 6:14-cv-435; Smartflash LLC v. Samsung Elecs. Co., Ltd., et al.,
`
`E.D. Tex. No. 6:13-cv-448.) As counsel in those district court proceedings, I have
`
`been involved in all aspects of the defense, including with respect to issues
`
`regarding the invalidity of the ’221 patent.
`
` declare under penalty of perjury under the laws of the United States that
`
` I
`
`the foregoing is true and correct. Executed on January 5, 2016, at San Francisco,
`
`California.
`
`
`
`
`/Kevin A. Smith/
`Kevin A. Smith
`
`01980-00035/7550687.1
`
`3
`
`Google Exhibit 1028 Page 00003