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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`———————————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`———————————
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`PETROLEUM GEO-SERVICES INC.,
`Petitioner
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`v.
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`WESTERNGECO LLC
`Patent Owner
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`———————————
`
`Cases
`IPR2014-00687 (U.S. Patent No. 7,162,967)
`IPR2014-00688 (U.S. Patent No. 7,080,607)
`IPR2014-00689 (U.S. Patent No. 7,293,520)
`———————————
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`DECLARATION OF TIMOTHY K. GILMAN
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`Pursuant to 28 U.S.C. § 1746, I, Timothy K. Gilman, the undersigned,
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`hereby declare as follows:
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`1.
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`My name is Timothy K. Gilman. I am over eighteen years of
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`age, of sound mind, and in all ways qualified and competent to make this
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`declaration. I have personal knowledge of the facts contained in this declaration
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`and they are true and correct.
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`2.
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`I am a partner in the law firm of Kirkland & Ellis, L.L.P.,
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`counsel for WesternGeco L.L.C. (“WesternGeco”).
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`WesternGeco Exhibit 2101, pg. 1
`Petroleum Geo v. WesternGeco
`IPR2014-00687
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`York.
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`3.
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`4.
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`I am a member in good standing of the Bar for the State of New
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`I am not currently suspended or disbarred from any court or
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`administrative body.
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`5.
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`I have not been denied admission to any Bar, court, or
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`administrative body.
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`6.
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`I have not been sanctioned or held in contempt by any court or
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`administrative body.
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`7.
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`I have read and will comply with the Office Patent Trial
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`Practice Guide and the Patent Trial and Appeal Board’s Rules of Practice.
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`8.
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`I agree to 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).
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`9.
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`I have never applied for pro hac vice admission in any other
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`proceeding before the Office prior to this date.
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`10.
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`I have been practicing patent law since my admission to the bar
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`in 2004, over 10 years ago.
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`11.
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`I have been involved in numerous litigations involving patent
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`infringement in district courts across the country, at the Court of Appeals for the
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`Federal Circuit, and the Supreme Court.
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`2
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`WesternGeco Exhibit 2101, pg. 2
`Petroleum Geo v. WesternGeco
`IPR2014-00687
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`12.
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`I have been representing WesternGeco LLC with respect to
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`U.S. Patent Nos. 7,162,967, 7,080,607, and 7,293,520 for over five years.
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`13.
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`I have extensive experience with U.S. Patent Nos. 7,162,967,
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`7,080,607, and 7,293,520.
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`14.
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`I have represented WesternGeco LLC in the following federal
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`district court litigations where WesternGeco LLC asserted the above captioned
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`patents: WesternGeco L.L.C. v. ION Geophysical Corp., et al., Civ. No. 4:09-cv-
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`01872 (S.D. Tex.) (“the ION Litigation”); WesternGeco L.L.C. v. Polarcus US Inc.
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`and Polarcus Ltd., Civ. No. 4:13-cv-02385 (S.D. Tex.) (“the Polarcus Litigation”);
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`WesternGeco L.L.C. v. Petroleum Geo-Services, Inc. and PGS Geophysical AS,
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`Civ. No. 4:13-cv-02725 (S.D. Tex.) (“the PGS Litigation”); and WesternGeco
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`L.L.C. v. Multi Klient Invest AS, Petroleum Geo-Services, Inc., and PGS
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`Geophysical AS, Civ. No. 4:14-cv-03118 (S.D. Tex.) (“the Multi Klient
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`Litigation”), collectively referred to as “the District Court Litigations”.
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`15.
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`The ION Litigation began in 2009, progressed to trial in 2012
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`where a jury found all three patents valid and infringed, and is currently on appeal
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`to the Federal Circuit.
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`16.
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`I was trial counsel for the ION Litigation, conducted the direct
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`examination of co-inventor Dr. Bittleston at trial, and questioned the other co-
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`inventor Mr. Hillesund (who was unavailable for trial) via deposition.
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`3
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`WesternGeco Exhibit 2101, pg. 3
`Petroleum Geo v. WesternGeco
`IPR2014-00687
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`17. At the ION trial, I also conducted direct and cross examinations
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`of technical expert witnesses regarding, inter alia, the scope and validity of the
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`above captioned patents.
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`18.
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`The Polarcus and PGS Litigations were both filed in 2013. The
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`Multi Klient Litigation was filed in 2014.
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`19.
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`Shortly after WesternGeco filed its complaint, Polarcus took a
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`license to the patents at issue and the case was dismissed.
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`20.
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`21.
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`technology.
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`The PGS and Multi Klient Litigations are ongoing.
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`I am familiar with the patents at issue and their field of
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`22.
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`I have been involved in all aspects of the District Court
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`Litigations, including claim construction and validity analysis.
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`23.
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`I hereby declare that all statements made herein of my own
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`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
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States Code
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`and that such willful false statements may jeopardize the results of these
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`proceedings.
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`4
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`WesternGeco Exhibit 2101, pg. 4
`Petroleum Geo v. WesternGeco
`IPR2014-00687
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`correct.
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`24.
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`I declare under penalty of perjury that the foregoing is true and
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`April 1, 2015
`New York, New York
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`5
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`WesternGeco Exhibit 2101, pg. 5
`Petroleum Geo v. WesternGeco
`IPR2014-00687
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`