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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., MOTOROLA MOBILITY LLC, and
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.,
`Petitioner
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`v.
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`GLOBAL TOUCH SOLUTIONS, LLC,
`Patent Owner
`_______________________
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`
`
`Case IPR2015-01173
`U.S. Patent No. 7,329,970 B2
`_______________________
`
`Before JUSTIN BUSCH, LYNN E. PETTIGREW, and
`BETH Z. SHAW, Administrative Patent Judges.
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`
`DECLARATION OF JAMES R. BENDER IN SUPPORT OF
`PETITIONER APPLE INC.’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
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`
`
`
`Ex. 1034-0001
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`
`
`Case IPR2015-01173
`U.S. Patent No. 7,329,970
`
`I, James R. Bender, resident of Falls Church, Virginia, declare as follows:
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`1.
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`I am an attorney at the firm of Latham & Watkins LLP, counsel of
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`record for Petitioner Apple Inc. I have personal knowledge of the facts set forth in
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`this declaration and, if called as a witness, could and would testify competently
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`under oath.
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`2.
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`I am a member in good standing of the District of Columbia Bar (Bar
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`No. 1004382) and admitted to practice before the U.S. District Court for the
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`Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit.
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`3.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body. No application of mine for admission to practice
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`before any court or administrative body has ever been denied. No court or
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`administrative body has imposed sanctions or contempt citations against me.
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`4.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of the C.F.R.
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`I acknowledge and agree that I will 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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`5.
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`I received a Bachelor of Science degree in Electrical Engineering and
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`Computer Science from the University of California, Berkeley in 2002. I earned a
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`law degree from Columbia University School of Law in 2010, where I was a James
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`1
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`Ex. 1034-0002
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`
`
`Case IPR2015-01173
`U.S. Patent No. 7,329,970
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`Kent Scholar. I joined Latham & Watkins LLP (“Latham”) as an associate in
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`2010. I worked as an associate at Latham until 2013, when I left Latham to work
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`as a judicial law clerk for the Honorable Todd M. Hughes of the U.S. Court of
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`Appeals for the Federal Circuit. I completed my clerkship in 2014 and rejoined
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`Latham thereafter.
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`6.
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`I am a member of Latham’s intellectual property group, with a focus
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`on patent litigation, where I have practiced for approximately five years.
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`7.
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`I have been actively involved in the related district court litigation
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`between the Patent Owner and Petitioner, Global Touch Solutions, LLC v. Apple
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`Inc.., No. 3:15-cv-2748 (N.D. Cal.) since August 2014.
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`8.
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`U.S. Patent No. 7,329,970 (“’970 Patent”), which is at issue in this
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`proceeding, was one of the patents asserted by the Patent Owner in the district
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`court litigation. I have been actively involved in all aspects of the litigation,
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`including Petitioner’s factual investigation and development of its invalidity and
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`claim construction positions regarding the claims of the ’970 Patent at issue here.
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`9.
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`I have also been actively involved in analyzing and assisting with the
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`Petition for Inter Partes Review submitted in this proceeding.
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`10.
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`I am concurrently applying to appear pro hac vice in the following
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`related proceedings before the USPTO: Nos. IPR2015-01171, IPR2015-01172,
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`IPR2015-01174, and IPR2015-01175. I have appeared pro hac vice in the
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`2
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`Ex. 1034-0003
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`
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`Case IPR20 15-01173
`U.S. Patent No. 7,329,970
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`following proceeding before the USPTO: NVIDIA Corp. v. Samsung Elecs. Co.,
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`Ltd., No. IPR2015-01324.
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`Executed on May 11, 2016 in Washington, D.C.
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`3
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`Ex. 1034-0004