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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)
`
`THIRD 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”).
`
`3.
`
`Exhibit 2141 is a true and correct copy of an Unopposed Notice of
`
`Application for Issuance of Letter of Request dated April 13, 2011 from WesternGec0 LL. C. v.
`
`ION Geophysical Corp, et aI., Civ. No. 4:09—cv—01827 (S.D. Tex.).
`
`WESTERNGECO Exhibit 2163, pg. 1
`PGS v. WESTERNGECO
`
`|PR20‘|4-00689
`
`WESTERNGECO Exhibit 2163, pg. 1
`PGS v. WESTERNGECO
`IPR2014-00689
`
`

`
`4.
`
`Exhibit 2142 is a true and correct copy of a Letter of Request dated April
`
`20, 2011 from WesternGeco LL. C. V. ION Geophysical Corp., et al., Civ. No. 4:09—cv-01827
`
`(S.D. Tex.).
`
`5.
`
`Exhibit 2143 is a true and correct copy of a Memorandum and Order dated
`
`June 19, 2013 from WesternGeco L.L.C. V. ION Geophysical Corp., er al., Civ. No. 4:09—cV-
`
`01827 (S.D. Tex.).
`
`6.
`
`Exhibit 2144 is a true and correct copy of the Final Judgment dated May
`
`7, 2014 from WesternGeco LLC. v. ION Geophysical Corp., er al., Civ. No. 4:09-cv-01827
`
`(S.D. Tex.).
`
`7.
`
`Exhibit 2146 in IPR2014-00687 is a true and correct copy of European
`
`Patent Application EP 1850151A2.
`
`8.
`
`Exhibit 2146 in IPR2014-00688 is a true and correct copy of an opposition
`
`to EP1847851 filed by ION Geophysical Corporation.
`
`9.
`
`Exhibit 2147 is a true and correct copy of an opposition to EP1850151
`
`filed by ION Geophysical Corporation.
`
`10.
`
`Exhibit 2149 is a true and correct copy of ION’s Response to
`
`WesternGeco’s Motion to Disqualify lON’s Consultants/Experts dated June 1, 2010 from
`
`WesternGeco LL. C. v. ION Geophysical Corp, el al., Civ. No. 4:09—cV-01827 (S.D. Tex.).
`
`11.
`
`Exhibit 2150 is a true and correct copy of lON’s Responsive Brief and
`
`Evidence in Support of Its Claim Construction for WesternGeco’s Patents-in—Suit dated February
`
`26, 2010 from WesternGeco LL. C. v. ION Geophysical Corp, et al., Civ. No. 4:09—cV-01827
`
`(S.D. Tex.).
`
`WESTERNGECO Exhibit 2163, pg. 2
`PGS v. WESTERNGECO
`
`|PR20‘|4-00689
`
`WESTERNGECO Exhibit 2163, pg. 2
`PGS v. WESTERNGECO
`IPR2014-00689
`
`

`
`12.
`
`Exhibit 2151 is a true and correct copy of ION Geophysical Corporation’s
`
`Trial Brief on Marking dated August 13, 2012 from WesternGeco L.L. C. v. ION Geophysical
`
`Corp, et al., Civ. No. 4:09-cv-01827 (S.D. Tex.).
`
`13.
`
`Exhibit 2152 is a true and correct copy of Defendant’s Reply in Support of
`
`Motion for Judgment as a Matter of Law and for a New Trial Due to Incorrect Claim
`
`Construction dated November 9, 2012 from WesternGeco L.L. C. v. ION Geophysical Corp, et
`
`al., Civ. No. 4:09~cv—01827 (S.D. Tex.).
`
`14.
`
`Exhibit 2153 is a true and correct copy of lON’s Motion for Judgment as a
`
`Matter of Law, Motion for New Trial on Damages, and Alternatively, Motion for Remittitur
`
`dated September 28, 2012 from WesternGeco L.L. C. v. ION Geophysical Corp, er al., Civ. No.
`
`4:09-cv-01827 (S.D. Tex.).
`
`15.
`
`Exhibit 2154 is
`
`a true and correct
`
`copy of
`
`lON’s Geophysical
`
`Corporation’s Statement of Grounds of Appeal related to European Patent No. EP 1850151.
`
`16.
`
`Exhibit 2155 is a true and correct copy of ION Geophysical Corporation’s
`
`Answer, Affirmative Defenses, and Counterclaims to WesternGeco L.L.C.’s Complaint for
`
`Patent Infringement dated June 16, 2009 from WesternGeco L.L. C. v. ION Geophysical Corp., et
`
`al., Civ. No. 4:09-cv-01827 (S.D. Tex.).
`
`17.
`
`Exhibit 2156 is a true and correct copy of ION’s Final
`
`Invalidity
`
`Contentions dated February 3, 2012 from WesternGeco L.L. C. v. ION Geophysical Corp, et al.,
`
`Civ. No. 4:09-cv-01827 (S.D. Tex.).
`
`18.
`
`Exhibit 2157 is a true and correct copy of the deposition of John
`
`Thompson dated October 26, 2011 from WesternGeco LL. C. v. ION Geophysical Corp., et al.,
`
`Civ. No. 4:09-cv-01827 (S.D. Tex.).
`
`WESTERNGECO Exhibit 2163, pg. 3
`PGS v. WESTERNGECO
`
`|PR20‘|4-00689
`
`WESTERNGECO Exhibit 2163, pg. 3
`PGS v. WESTERNGECO
`IPR2014-00689
`
`

`
`19.
`
`Exhibit 2158 is a true and correct copy of Exhibit 4 to the deposition of
`
`John Thompson dated October 26, 2011 from WesternGeco L.L. C. v. ION Geophysical Corp., et
`
`al., Civ. No. 4:09-cv-01827 (S.D. Tex.), an email with the subject line “ION Press Release”
`
`dated June 22, 2009.
`
`20.
`
`Exhibit 2159 is a true and correct copy of Exhibit 3 to the deposition of
`
`John Thompson dated October 26, 2011 from WesternGeco LLC. v. ION Geophysical Corp, et
`
`al., Civ. No. 4:09-cv-01827 (S.D. Tex.), a press release entitled “ION Files Patent Infringement
`
`Lawsuit Against WesternGeco.”
`
`21.
`
`Exhibit 2160 is a true and correct copy of Exhibit 14 to the deposition of
`
`John Thompson dated October 26, 2011 from WesternGec0 LL. C. v. ION Geophysical Corp, et
`
`al., Civ. No. 4:09-cv-01827 (S.D. Tex.), a document entitled “Issues Summary ION V.
`
`WesternGeco U.S. Law Suit Related to Lateral Steering of Marine Seismic Streamers.”
`
`22.
`
`Exhibit 2161 is a true and correct copy of a Memorandum and Order dated
`
`July 16, 2010 from WesternGeco LLC. v. ION Geophysical Corp, et al., Civ. No. 4:09-cv-
`
`01827 (S.D. Tex.).
`
`23.
`
`Exhibit 2164 is a true and correct copy of European Patent No. EP
`
`1850151Bl.
`
`24.
`
`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.
`
`WESTERNGECO Exhibit 2163, pg. 4
`PGS v. WESTERNGECO
`
`|PR20‘|4-00689
`
`WESTERNGECO Exhibit 2163, pg. 4
`PGS v. WESTERNGECO
`IPR2014-00689
`
`

`
`25.
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`
`
`'mothy K.FGi1m:ainq
`
`June 22, 2015
`New York, New York
`
`WESTERNGECO Exhibit 2163, pg. 5
`PGS v. WESTERNGECO
`
`|PR20‘|4-00689
`
`WESTERNGECO Exhibit 2163, pg. 5
`PGS v. WESTERNGECO
`IPR2014-00689

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