`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PRONG, INC.
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`Petitioner
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`V.
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`YEOSHUA SORIAS
`
`Patent Owner
`
`Case NO. IPR2015-01317
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`U.S. Patent NO. 8,712,486
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`DECLARATION OF TIMOTHY L. FOSTER
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`IN SUPPORT OF PATENT OWNER’S MOTION FOR PRO HAC VICE
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`ADMISSION OF TIMOTHY L. FOSTER
`UNDER 37 C.F.R § 42.l0(c)
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`
`
`Case No.:IPR20l5-01317
`
`U.S. Patent No. 8,712,486
`
`.
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`.
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`.
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`.
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`I have been admitted to practice in the State of New York since 2009 and am a member
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`in good standing of the New York State Bar.
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`I am admitted and in good standing to practice before the United States District Court for
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`the Southern District of New York and the United States District Court for the Eastern
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`District of New York.
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`I have never been suspended or disbarred from practice before any court or
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`administrative body.
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`I have never been denied admission to practice before any state court or administrative
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`body.
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`. No sanctions or contempt citations have been imposed against me by any court or
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`.
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`.
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`.
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`.
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`administrative body.
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`I have read and will comply with the USPTO’s Patent Trial Practice Guide and the
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`Board’s Rules of Practice for Trials set forth in 37 C.F.R., part 42.
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`I understand that I will be subject to the USPTO’s Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.01 et. seq. and disciplinary jurisdiction under 37 C.F.R. §
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`l1.l9(a).
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`In the last three (3) years I have not applied to appear pro hac vice in any proceeding
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`before the USPTO.
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`I am an experienced litigation attorney with experience relating to intellectual property
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`matters and I represent (and previously represented) Patent Owner in numerous litigation
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`matters involving U.S. Patent No. 8,712,486.” These matters include:
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`
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`Case No.: lPR20l5-01317
`
`U.S. Patent No. 8,712,486
`
`a. Sorias v. National Cellular USA, Inc. and Prong LLC;
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`l4—CV-2897 (E.D.N.Y.)
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`(Patent Infringement for ‘486 Patent) (Currently stayed pending outcome of this
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`proceeding);
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`b. Sorias v. Go Wireless, Inc.; l6—CV-00337 (S.D.N.Y.) (Patent Infringement for
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`‘486 and other Sorias Patents);
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`c. National Cellular USA, Inc. v. Sorias, er al.; Index No. 501807/2014 (New York
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`Supreme Court, Kings County) (Breach of contract for Licensing Agreement to
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`use technology protected by ‘486 Patent); and
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`cl. Sorias v. Indiegogo, Inc., 15-CV-02118 (S.D.N.Y.) (Patent infringement for ‘486
`
`Patent) (Voluntarily dismissed by Plaintiffs in May 2015)
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`10. In addition to representation of Patent Owner in matters relating specifically to U.S.
`
`Patent No. 8,712,486, I represent Patent Owner in related intellectual property matters
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`that include:
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`a. Prong,
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`Inc. v. Zilicon Accessories, et al.; 15—CV-09161 (S.D.N.Y.) (Alleging
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`patent infringement, copyright and trademark claims); and
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`b. Sorias v. EnergyBi0nics, et al.; 15-CV-81004 (S.D. Fla.) (Patent infringement for
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`Sorias’ patent unrelated to U.S. Patent No. 8,712,486).
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`11. In the representation of Patent Owner in the various court proceedings indicated above, I
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`have developed an understanding of patent
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`law and specifically have established
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`familiarity with the subject matter at issue in in this proceeding relating to U .S. Patent
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`No. 8,712,486.
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`12. I hereby attest
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`that
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`the above statements made herein are true to the best of my
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`knowledge and belief.
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`
`
`Case No.: IPR2015-01317
`
`U.S. Patent No. 8,712,486
`
`Executed: March 9, 2016
`
`Timothy L. Foster
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