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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
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`APPLE INC.,
`Petitioner
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`v.
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`OPENTV, INC.,
`Patent Owner.
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`Case IPR2015-01031
`Patent 7,900,229
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`DECLARATION OF LUANN L. SIMMONS IN SUPPORT OF
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. §42.10(C)
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`APPLE 1019
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`IPR2015-01031
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`1.
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`I, Luann L. Simmons, declare as follows:
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`I am a Partner with the law firm of O’Melveny & Myers LLP. I represent and
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`advise Petitioner Apple Inc. (“Apple”) in connection with the above-captioned inter
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`partes review (“IPR”) proceeding, and I am co-lead counsel in the co-pending district
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`court litigation (OpenTV, Inc. and Nagravision, SA v. Apple Inc., Case No. 3:14-cv-01622-
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`HSG (N.D. Cal.)) on the patent at issue in this IPR, U.S. Patent No. 7,900,229 (“’229
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`Patent”).
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`2.
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`I have been a member in good standing of the Bar of the State of California
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`since 1999. My California State Bar number is 203526. I am also admitted to practice
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`before numerous state and federal courts, including:
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`a. US Supreme Court (admitted March 2003);
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`b. US Court of Appeals, Federal Circuit (admitted April 2003);
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`c. US Court of Appeals, Ninth Circuit (admitted January 2000);
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`d. US District Court, California Central (admitted March 2003);
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`e. US District Court, California Eastern (admitted June 2000);
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`f. US District Court, California Northern (admitted December 1999);
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`g. US District Court, California Southern (admitted September 2010); and
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`h. US District Court, Wisconsin Western (admitted December 2007).
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`3.
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`I have over 16 years of experience practicing patent and technology related
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`litigation. I have litigated numerous patent cases across the country, including in
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`California, Delaware, Wisconsin, and Texas, and litigated many of them through both
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`trial and appeal.
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`4.
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`I am familiar with the subject matter at issue in this proceeding. I have
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`supervised and been actively involved in the present IPR proceeding regarding the
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`’229 Patent. I represent Petitioner in the co-pending district court litigation involving
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`the ’229 Patent, and I have reviewed the patent, the Patent Owner’s infringement
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`contentions served in the district court litigation, the parties’ claim construction
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`positions, and the prior art being asserted in this IPR proceeding.
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`5. Moreover, I have advised Petitioner on strategy regarding Petitioner’s
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`affirmative arguments in this IPR proceeding, supervised the drafting of the petition,
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`reviewed the accompanying Declaration of Dr. Knutson, and worked with Petitioner
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`to find and identify the references relied upon in the petition and to draft other
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`submissions to the Office.
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`6.
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`The prior art references at issue in the IPR proceedings are also at issue in the
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`co-pending district court litigation. I have reviewed both that art and other related
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`prior art—all of which were disclosed in invalidity contentions that I supervised and
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`signed.
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`7.
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`I have represented clients in connection with many patent litigations regarding
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`technology similar to that at issue in this IPR.
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`8.
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`I have not been suspended or disbarred from practice before any court or
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`administrative body. I have never had an application for admission to practice before
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`any court or administrative body denied. No sanction or contempt citation has been
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`imposed against me by any court or administrative body.
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`9.
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`I have read and will comply with the Office Patent Trial Practice Guide and the
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`Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`10.
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`I agree to and will be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a).
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`11.
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`I have not applied to appear pro hac vice before the Office in any other
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`proceeding in the last three years. I plan to file motions for pro hac vice admission in
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`IPR proceeding Nos. 2015-00971, 2015-00980, and 2015-00969, which involve
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`patents asserted by the Patent Owner of the ’229 Patent in the same co-pending
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`district court litigation (OpenTV, Inc. and Nagravision, SA v. Apple Inc., Case No. 3:14-
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`cv-01622-HSG (N.D. Cal.)).
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`12.
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`I hereby declare that all statements made herein of my own knowledge are true
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`and that all statements made on information and belief are believed to be true. I
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`further declare that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code and that such willful false
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`statements may jeopardize the validity of the application or any patents issued
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`thereon.
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`APPLE 1019
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`Date: October 2, 2015
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`IPR2015-01031
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`Respectfully submitted,
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`/s/ Luann L. Simmons
`Luann L. Simmons
`O’Melveny & Myers LLP
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