`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`
`
`ALLSTEEL INC.
`Petitioner
`
`
`v.
`
`
`DIRTT ENVIRONMENTAL SOLUTIONS LTD.
`Patent Owner
`
`__________________
`
`Case IPR2015-01691
`Patent No. 8,024,901
`__________________
`
`
`
`DECLARATION OF TIMOTHY M. SULLIVAN IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`
`
`
`
`ALLSTEEL EXHIBIT 1026
`Allsteel Inc. v. DIRTT Environmental
`IPR2015-01691
`
`
`
`I, Timothy M. Sullivan, declare the following:
`
`1.
`
`I am an associate at the law firm of Faegre Baker Daniels LLP, in
`
`Minneapolis, Minnesota.
`
`2.
`
`I am a member in good standing of the State Bar of Minnesota, my
`
`Minnesota Bar membership No. is 0391528.
`
`3.
`
`I have also been admitted to practice in the U.S. District Court for the
`
`District of Minnesota (1/28/2011) and U.S. Court of Appeals for the Federal
`
`Circuit (8/16/2011).
`
`4.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`5.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`6.
`
`I have never had any court impose sanctions or contempt citations
`
`against me.
`
`7.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42 of the
`
`C.F.R.
`
`8.
`
`I agree to be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a).
`
`
`
`-1-
`
`
`
`9.
`
`I have not applied to appear pro hac vice in any proceedings before
`
`the Office in the past three years.
`
`10.
`
`I have been in private practice and have been litigating patent cases
`
`for five years.
`
`11.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I was substantially involved in the preparation and filing of the
`
`Petition, and I am familiar with the subject matter in the Petition, including the
`
`technology at issue and the references and other evidence relied on in the Petition.
`
`I have read in detail and understand the papers and evidence submitted by
`
`Petitioner in this proceeding, and I am very familiar with the invalidity grounds
`
`and legal theories advanced from my years of experience litigating patent cases.
`
`12.
`
`I have reviewed in detail the patent challenged in this proceeding,
`
`U.S. Patent No. 8,024,901 (“the ’901 Patent”) (Ex. 1001) and the prosecution
`
`history file for the ‘901 Patent (Ex. 1012). I have also reviewed in detail the
`
`exhibits to the Petition, including the prior art references that are the basis for
`
`Petitioner’s obviousness grounds in this proceeding (Exs. 1002-1010) and the
`
`testimony of Dr. Joseph Beaman (Ex. 1018). Further, I have reviewed the three
`
`currently-pending re-issue applications, of which the ‘901 Patent is the subject.
`
`13.
`
`In connection with preparing the Petition, I spent a significant number
`
`of hours engaged in substantive discussions with Petitioner’s expert, Dr. Joseph
`
`
`
`-2-
`
`
`
`Beaman, who has submitted testimony in this proceeding. I have also invested a
`
`significant number of hours in strategic and substantive discussion regarding this
`
`proceeding with lead and back-up counsel for Petitioner Victor Jonas and Trevor
`
`Carter. As a result of these discussions and reviewing written materials, including
`
`the exhibits filed with the Petition, I have a detailed understanding of the subject
`
`matter at issue in this proceeding.
`
`14. Additionally, together with Mr. Carter I am counsel for Petitioner in
`
`the related patent infringement lawsuit where the ‘901 Patent has been asserted
`
`against Petitioner, which is pending in the United States District Court for the
`
`Northern District of Illinois, Case number 1:15-cv-04874. As such, I have
`
`reviewed documents and assisted in preparing the pleadings and briefs submitted in
`
`the District Court litigation. It is therefore important that I am also actively
`
`involved in this related Inter Partes Review proceeding regarding the ’901 Patent,
`
`which is the same patent at issue in the litigation.
`
`15.
`
`I hereby declare that all statements 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 are made with the knowledge that willful false
`
`statements and the like are punishable by fine, imprisonment, or both, under
`
`section 1001 of Title 18 of the United States Code.
`
`[Signature on following page]
`
`
`
`-3-
`
`
`
`Dated: February 4, 2016
`
`Respectfully Submitted,
`
`
`
`
`
`/Timothy Sullivan/
`Timothy Sullivan
`FAEGRE BAKER DANIELS LLP
`2200 Wells Fargo Center
`90 South Seventh Street
`Minneapolis, MN 55402-3901
`Telephone: (612) 766-7000
`Facsimile: (612) 766-1600
`
`
`
`-4-
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
