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