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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`COMARCO WIRELESS TECHNOLOGIES, INC.,
`Patent Owner
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`Case IPR2015-01879
`Patent 8,492,933
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`DECLARATION OF BRETT J. WILLIAMSON IN SUPPORT
`OF PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION
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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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`COMARCO WIRELESS TECHNOLOGIES, INC.,
`Patent Owner
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`Case IPR2015-01879
`Patent 8,492,933
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`DECLARATION OF BRETT J. WILLIAMSON IN SUPPORT
`OF PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION
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`Proceeding No.: IPR2015-01879
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`I, Brett J. Williamson, declare as follows:
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`1.
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`I am a Partner with the law firm of O’Melveny & Myers LLP. I
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`represent and advise Petitioner Apple Inc. (“Apple”) in connection with the
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`above-captioned inter partes review (“IPR”) proceeding and I am lead counsel in
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`the underlying district court litigation (Comarco Wireless Technologies, Inc. v. Apple
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`Inc., Case No. 8:15-cv-00145-AG-DFM (C.D. Cal.)) on the patent at issue in
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`this IPR, U.S. Patent No. 8,492,933 (“’933 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
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`California since 1989. My California State Bar number is 145235. I have been
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`a member in good standing of the Bar of the District of Columbia since
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`February 2015. My D.C. Bar number is 1024759. I am also admitted to
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`practice before numerous federal courts:
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`h.
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`U.S.D.C. for the Northern District of California (since 1993);
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`U.S.D.C. for the Eastern District of California (since 1993);
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`U.S.D.C. for the Southern District of California (since 1993);
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`U.S.D.C. for the Central District of California (since 1989);
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`U.S.D.C. for the District of Colorado (since 1999)
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`U.S.C.A. for the Second Circuit (since 2014);
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`U.S.C.A. for the Ninth Circuit (since 1989);
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`U.S.C.A. for the Federal Circuit (since 2002); and
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`3.
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`Proceeding No.: IPR2015-01879
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`i.
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`U.S. Supreme Court (since 1995).
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`I have over 25 years of experience practicing patent and technology
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`related litigation. I have litigated numerous patent cases across the country,
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`including in Alabama, California, Colorado, Connecticut, Delaware, the District
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`of Columbia, Illinois, Nevada, Ohio, Texas, Utah, and Virginia, and litigated
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`many of them through both trial and appeal. A copy of my biography is
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`provided as Appendix A.
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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
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`the ’933 Patent. I represent Petitioner in concurrent litigation involving the
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`’933 Patent, and I have extensively reviewed the patent, its file history, the
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`Patent Owner’s preliminary infringement contentions served in the litigation,
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`and the prior art being asserted in the petition for IPR in this proceeding. I
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`have gained significant familiarity with the implicit claim construction issues in
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`the underlying litigation, including the Patent Owner’s claimed claim scope as
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`disclosed in its infringement contentions. These issues significantly overlap
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`with the corresponding issues 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
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`petition, reviewed the accompanying Declaration of Dr. Nathaniel Davis IV,
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`and worked with Petitioner to find and identify the references relied upon in
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`Proceeding No.: IPR2015-01879
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`the petition and to draft other 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
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`in the underlying litigation. I have reviewed both that art and a vast amount of
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`additional, related prior art — all of which were disclosed in invalidity
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`contentions that I participated in preparing and signed.
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`7.
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`I have represented clients in connection with many patent litigations
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`regarding technology similar to that at issue in this IPR, which relates generally
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`to mobile devices and electrical signals.
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`8.
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`I have worked closely with Dr. Davis, who provided a declaration in this
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`IPR, regarding his declaration. I was also involved in identifying and retaining
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`Dr. Davis as an expert in this IPR, and I signed his engagement letter.
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`9.
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`I frequently publish on issues concerning patent law and technology
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`related litigation.
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`10.
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`I have not been suspended or disbarred from practice before any court
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`or administrative body. I have never had an application for admission to
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`practice before any court or administrative body denied. No sanction or
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`contempt citation has been imposed against me by any court or administrative
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`body.
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`11.
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`I have read and will comply with the Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`12.
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`Proceeding No.: IPR2015-01879
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`I agree to and 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
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`under 37 C.F.R. § 11.19(a).
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`13.
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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.
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`14.
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`I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief are believed to
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`be true. I further declare that these statements were made with the knowledge
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`that willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States
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`Code and that such willful false statements may jeopardize the validity of the
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`application or any patents issued thereon.
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`Respectfully submitted,
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`/s/ Brett J. Williamson
`Brett J. Williamson
`O’Melveny & Myers LLP
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`Date: 9/30/2015
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