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`DZNOVO PRiCE
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`ELLWANC-EER 8: HARDY LLP
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`Victor G. Hardy
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`fl91‘399—LLiS.
`tel no: 512.539.2626
`faXno:512_539_2627
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`Suite 350 Austin, Texas 78731
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`Practice Areas
`rt
`-
`t
`in ellectual Prope y
`- Commercial Litigation
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`l"19”eCtU3l PTOPEFW I-iti93ti0|'l
`'
`- Technology
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`. Aiteinative Dispute Resoitition
`. Eientronic Discovery
`, Emnioyment Litigation
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`Contact "5:
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`Austtn office
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`7000 North Mopac Expressway
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`P: 512.539.2626
`F: 512.539.2627
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`Dallas Office
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`400 South Zang Boulevard
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`Suite 1202
`Dallas. Texas 75208
`F’: 214.948.3334
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`Ft 214-853-9410
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`Victor G, Hafdy
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`Download ‘Card
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`Practice Concentration & Experience
`
`Victor Hardy has extensive experience in high-stakes patent
`infringement litigation and other types of litigation, including
`seven jury trials, two bench trials, and several
`evidentiaryMarkman hearings. He has had extensive involvement
`in nearly every aspect oftrials in many different contexts, ranging
`from the cross-examination of Johnson & Johnson’s World Wide
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`Chairman of Consumer Products in a patent infringement trial to
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`the direct examination ofa ballistics expert in a criminal
`homicide trial.
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`Mr. Hardy is also highly experienced in patent finance and
`investment, patent negotiation and acquisition, patent valuation,
`due diligence, and strategic enforcement of IP assets. Mr. Hardy has evaluated thousands of patents
`for purposes of business investment and enforcement for leading IP investment institutions. He uses his
`extensive litigation experience to bring a real world perspective to financial modeling and valuation of
`patent assets.
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`Victor G‘ Hardy
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`Additionally, Mr. Hardy has substantial experience in class action civil rights matters including
`discrimination under Title VII and the ADEA.
`Education
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`Harvard Law School (LL.M. 1997)
`University of Texas School of Law (JD. 1994)
`University of Houston (B.B.A. 1991)
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`Licenses & Admissions
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`Licensed to practice in the state courts of Texas and New York
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`Representative Matte rs
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`- Mr. Hardy represents plaintiff Software Rights Archive insoftware Rights Archive v. Google et al, an
`industry-wide patent infringement case involving foundational patents directed towards non-semantic
`search engine algorithms. The case is currently being litigated in the Eastern District of Texas.
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`- Mr. Hardy represented sixteen plaintiffs in EEOC v. Allied Aviation, a class action racial
`discrimination lawsuit. This case resulted in the largest settlement in the history ofthe Dallas office
`of the EEOC.
`it garnered national media attention in the New York Times and the Los Angeles
`Times, as well as being featured on several national news broadcasts including Anderson Cooper's
`360 on CNN.
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`- Mr. Hardy was a senior member ofthe trial team for plaintiff Applera Corp. in Applera and Roche
`Molecular Systems v. MJ Research, a patent infringement, unfair competition, and antitrust suit
`involving the enforcement of six patents directed to the Nobel Prize-winning gene amplification
`process called the polymerase chain reaction (PCR) and thermal cycling instruments used to
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`EXHIBIT 2008
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`Facebook Inc et al_
`v_
`Software Rights Archive, LLC
`CASE IPR2013'00479
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`automate PCR. PCR has been hailed as one of the 100 greatest inventions of mankind. After a four
`week jury trial in the District of Connecticut, the jury found all six patents infringed, and four of them
`wilfully infringed, and the Court awarded nearly $50 million in damages.
`In addition, Mr. Hardy
`successfully obtained the dismissal of the defendant's antitrust tying counter-claims and patent
`misuse defenses on the eve of trial.
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`- Mr. Hardy represented Universal Instruments in Aguayo v. Universal Instruments, a patent
`infringement case involving assembly machines for printed circuit boards. The case was tried to a
`jury and settled on highly favorable terms.
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`- Mr. Hardy was a senior member of the trial team for defendant Bayer Corporation in McNei/-PPC,
`Inc. v. Bayer Corporation, a patent infringement lawsuit. McNeil, the makers of Tylenol, sued Bayer
`for its production of Bayer Aspirin gelcaps. Alter a five week jury trial and the dismissal of one of the
`patents in suit and the plaintiffs’ willful infringement claims, the case was settled on terms favorable
`to the client.
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`I Mr. Hardy represented defendant Compal Electronics in an industry-wide patent infringement suit
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`involving power management in notebook computers, desktop PCs, and monitors. He successfully
`obtained summary judgment of claims being asserted against Compal and its subsidiaries.
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`- Mr. Hardy was one of the trial counsel for defendant Delta Air Lines, lnc. in Process Resources v.
`Delta Air Lines, Inc., a patent infringement suit involving three-layer composite thermal paper used in
`airline baggage tags. The case was favorably settled days before the trial was to begin.
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`- Mr. Hardy represented CompUSA in a turnover proceeding brought by the debtor Tomorrow's Toys.
`The case was favorably settled for an amount that was a small fraction of what the plaintiff was
`seeking.
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`- Mr. Hardy is lead counsel in pursing Banco |nverlat’s claim for failure to deliver securities in the
`Socimer liquidation proceedings pending in the Bahamas.
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`- Mr. Hardy represented the creditors of Transmarketing Houston in a preference action against
`Aquilla Gas. After a five day bench trial, the Court set aside as a preference 1.8 million dollar
`transfer at issue.
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`- Mr. Hardy represented the creditors of Transmarketing Houston in a breach of fiduciary duty action
`against the former owners of TMHI. The case was eventually resolved after a jury trial where the
`creditors committee recovered a 12 million dollarjury verdict.
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`in addition to his experience in as a civil litigator, Mr. Hardy has been active with New York government
`agencies. In 2000, he served as a Special Assistant District Attorney in the Kings County District
`Attomey‘s Office in its Homicide Division. While there he tried four homicide cases (obtaining
`convictions in all four cases), including the prosecution of Jarred Errington in the notorious “punk rock
`slay trial," which received several days of coverage in the New York Post.
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`In 1999, Mr. Hardy served as Special Assistant Corporation Counsel for the New York City Law
`Department, Manhattan Trial Unit, Torts Division. He also served as an intern to the Honorable Nathan
`Hecht, Texas Supreme Court.
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`Wctor G. Hardy
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