UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VMWARE, INC., INTERNATIONAL
`BUSINESS MACHINES CORPORATION
`
`AND
`
`ORACLE AMERICA, INC.
`
`Petitioners,
`
`V.
`
`ELECTRONICS AND TELECOMMUNICATIONS RESEARCH
`
`INSTITUTE
`
`Patent Owner
`
`Case IPR2014-00949
`
`Case IPR2014-00901
`
`Patent No. 6,978,346 B2
`
`AFFIDAVIT OF MR. LEERON KALAY IN SUPPORT OF PETITIONER’S
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`1
`
`VMWARE 1015
`
`1
`
`VMWARE 1015
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VMWARE, INC., INTERNATIONAL
`BUSINESS MACHINES CORPORATION
`
`AND
`
`ORACLE AMERICA, INC.
`
`Petitioners,
`
`V.
`
`ELECTRONICS AND TELECOMMUNICATIONS RESEARCH
`
`INSTITUTE
`
`Patent Owner
`
`Case IPR2014-00949
`
`Case IPR2014-00901
`
`Patent No. 6,978,346 B2
`
`AFFIDAVIT OF MR. LEERON KALAY IN SUPPORT OF PETITIONER’S
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`1
`
`VMWARE 1015
`
`1
`
`VMWARE 1015
`
`
`
`Proceeding N0.: IPR2014-00901
`Attorney Docket: 27450-00111P1
`
`AFFIDAVIT OF MR. LEERON KALAY IN SUPPORT OF
`
`PETITIONER’S MOTION FOR PRO HAC VICE
`
`ADMISSION
`
`I, Leeron Kalay, being duly sworn and upon oath, hereby attest to the
`
`following:
`
`1.
`
`I am a member in good standing of the State Bar of California, as well as the
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`United States Court of Appeals for the Federal Circuit.
`
`2.
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`I have not been suspended or disbarred from practice before any court or
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`administrative body.
`
`3.
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`I have never had an application for admission to practice before any court or
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`administrative body denied.
`
`4.
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`No sanction or contempt citation has been imposed against me by any court
`
`or administrative body.
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`5.
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`I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board’s Rules of Practice for Trials set forth in part 42 of the Code of Federal
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`Regulations.
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`6.
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`Iwill be subject to the USPTO Code of Professional Conduct set forth in 37
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`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 1 1.19(a).
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`7.
`
`8.
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`I have never applied to appear pro hac vice before the Office.
`
`I am an experienced litigation attorney with more than 10 years of
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`experience representing clients in patent cases involving RAID systems, software,
`
`
`
`Proceeding No.: IPR2014-00901
`Attorney Docket: 27450-001 lIPl
`
`Wireless, semiconductor, medical device, and turbocharger industries.
`
`I regularly
`
`litigate patent cases in various forums including the United States Court of Appeals
`
`for the Federal Circuit, federal district courts, and the International Trade
`
`Commission. Through my experience in patent litigation matters, I have
`
`represented clients in many phases of litigation including discovery, Markrnan
`
`hearings, jury trials, bench trials, and appeals. My biography is attached hereto as
`
`Exhibit A. I also represent VMware in the co—pending litigation involving the
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`patent at issue in this proceeding, US. Patent. No. 6,978,346 (“the ’346 patent”):
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`Safe Storage LLC v. VMware, Inc., Case No. l-l3—cv-00928-GMS in the United
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`States District Court for the District of Delaware, filed on May 23, 2013.
`
`I am
`
`deeply involved in all aspects of the Delaware litigation, including claim
`
`construction and validity analysis, and have significant familiarity with the ’346
`
`patent.
`
`Date:
`
`(I “
`
`'I. I.
`
`3.3".) 1 {3;
`
`Respectfully submitted,
`
`\ \ K ,7 ,
`Leeron Kalay
`Fish & Richardson PC.
`
`3200 RBC Plaza
`
`60 South Sixth Street
`
`Minneapolis, MN 55402
`Tel: (650) 839-5196
`Email: kalay@fr.com
`
`
`
`GOVERNMENT CODE § 8202
`CALIFORNIA JURAT WITH AFFIANT STATEMENT
`Lat/I6\\'/Is\\‘.z\\'.'o\\'.5\\'.’o\\‘.5\\'.'o\\‘I'a\\‘/.at,Surat/I5\\'.$\\‘.P.\\‘.5\\‘.’.\{I'a\\’I“(I sn'. 5\\'.“(Is\\'/I5w.at “:4In:.atIat’5\\’.5\\’.:\x‘. a: .5\\‘.:\\‘/I5\\‘Iat.“Ma:.atI'a\\'.’5\{.’i\\‘.'o\<.$\\‘.
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`
`
`
`
`ee Attached Document (Notary to cross out lines 1—6 below)
`See Statement Below (Lines 1—6 to be completed only by document signer[s], not Notary)
`
`Signature of Documentfléfg‘fir No. 1
`
`Signature of Document Signer No. 2 (if any)
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`A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
`document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
`
`
`State of California W
`Subscribed and sworn to(o(r affirmed) before me
`Count of 2m
`:52
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`l
`y
`on this
`day of
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`Month
`0Year
`:Lg’e’ian imlm/
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`IE2
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`CHRISTINE LESLEY ROGERS _
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`Commission # 1971181
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`
`I
`C if
`'2:
`Notary Pubic -
`a I am
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`(and~(2),,__,"M“
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`Name(s) of Signer(s)
`
`proved to me on the basis of satisfactory evidence
`to be the person(s) who appeared before me.
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`
`
`2%,
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`Signature of Notary Public
`
`Seal
`Place Notary Seal Above
`
`OPTIONAL
`
`Though this section is optional, completing this information can deter alteration of the document or
`fraudulent reattachment of this form to an unintended document.
`
`Description of Attached Document
`
`Title or Type of Document:
`
`
`
`Document Date:
`
`Signer(s) Other Than Named Above:
`Number of Pages:
`6’«'L‘W‘LNZNZ’IL”0L4L’«L4L.L«VJ-LI-L'oL4L-L4LI-\’ec’-LI6LI'~LI-LI~L4LI~L’tL’oL’0\:4’o\J~\_/o\:{’o\:,/4L.L.LsLII.\y¢LII.LI.LII.LI ' ‘II x-II :I 'w ‘
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`©2014 National Notary Association www.NationalNotary.org'1-800-US NOTARY (1 -800-876—6827)
`
`Item #5910
`
`4
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`
`
`Exhibit A
`
`5
`
`
`
`
`
`Leeron G. Kalay
`
`Silicon Valley
`650-839-5196
`
`Email kalay@fr.com
`
`Services
`
`Litigation
`
`Patent Litigation
`
`Sectors
`Softwa re
`
`Semiconductors
`
`Leeron Kalay is a Principal in the Silicon Valley office of Fish & Richardson. His practice emphasizes
`patent litigation in a number of technology fields.
`In additional to handling litigation matters, Mr. Kalay
`counsels clients patent-related matters including portfolio analyses for acquisition or assertion, IP—
`related due—diligence, and other pre-litigation activities. Mr. Kalay has successfully represented a
`variety of clients in the software, wireless, semiconductor, medical device, and turbocharger industries.
`
`Mr. Kalay previously served as a Legal Clerk at the United States Attorney‘s Office for the Northern
`District of California (2002). He has been named a Northern California Rising Star in Intellectual
`Property Litigation by Super Lawyers since 2010.
`
`Experience
`Representative Cases
`
`SanDisk v. Kingston et al. (W.D Wis.) - Representing Kingston in patent and antitrust litigation involving
`flash memory products. Court granted summary judgment of non-infringement in favor of Kingston.
`
`MasterObjects, Inc. v. Microsoft Corp. (N.D. Cal.) — Represented Microsoft in a patent infringement case
`concerning search engine technology.
`
`SanDisk v. Phison et al. (W.D. Wis.) — Representing Kingston in patent infringement case involving flash
`memory products. District judge found summary judgment of non-infringement in favor of Kingston.
`(case currently pending appeal before the Federal Circuit)
`
`BorgWarner, Inc. v. Honeywell Int’l, Inc. (W.D.N.C.) — Represented BorgWarner in assertion of patents in
`case relating to the design and manufacture of turbocharger components. Case resulted in settlement
`for $32.5 million to client.
`
`PageMe/ding, Inc. v. Feeva Tech. et al. (N.D. Cal.) — Represented Microsoft in a patent infringement case
`concerning customized content on web properties. Obtained favorable claim construction for client,
`resulting in settlement of case shortly thereafter.
`
`6
`
`
`
`Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers 337—TA-661
`(ITC) — Represented NVIDIA and customer respondents against allegations of infringement of SDRAM
`controller patents.
`
`Thaicom Public Company Limited v. Qua/core Logic (Analog), Inc. (N.D. Cal.) — Obtained judgment for breach
`of contract, and pursued seizure of assets in support ofjudgment on behalf of client Thaicom.
`
`Certain Flash Memory Controller, Drives, Memory Cards, And Media, Players, And Products Containing Same
`337-TA—619 (ITC) — Represented Respondents accused of infringement in investigation concerning
`flash memory products. Commission found no—infringement of asserted patent claims by clients.
`
`Rambus, Inc. v. Micron Technology, Inc. (D. Del. & N.D. Cal.) — Represented Micron in a series of patent
`infringement, equitable estoppel, and antitrust matters involving SDRAM controller patents. Dist. of
`Delaware held 12 Rambus patents to be unenforceable due to spoliation and unclean hands. Spoliation
`finding was affirmed by Federal Circuit. (Cases handled prior to joining Fish & Richardson)
`
`Mangosoft, Inc. v. Oracle Corp. (D.N.H; Fed. Cir.) — Represented Oracle in patent infringement case
`concerning internet and database technology. Court granted summary judgment of noninfringement by
`Oracle; ruling upheld by Federal Circuit.
`(Case handled prior to joining Fish & Richardson)
`
`Education
`BA, University of California, Berkeley 2001
`Political Science & Rhetoric
`cum laude
`
`JD, New York University School of Law 2004
`
`Admissions
`California 2004
`
`United States District Court for the Northern District of California
`
`United States Court of Appeals for the Federal Circuit
`
`Memberships and Affiliations
`
`American Bar Association, Member
`
`Languages
`Hebrew
`
`News
`
`fish & Richardson Elevates 20 Attorne s to Principal.
`
`Speaking Engagements
`
`
`Israeli Life Sciences and Biomed IndustryUConference
`
`
`7
`
`
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