DOCKET NO.: 0107131-00351US2
`Filed on behalf of Intel Corporation
`By: Grant K. Rowan, Reg. No. 41,278
`Yung-Hoon Ha, Reg. No. 56,368
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: Grant.Rowan@wilmerhale.com
`
` Yung-Hoon.Ha@wilmerhale.com
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`
`INTEL CORPORATION
`Petitioner
`
`v.
`
`DSS Technology Management, Inc.
`Patent Owner
`
`Case IPR2016-00290
`
`
`
`UPDATED DECLARATION OF LOUIS W. TOMPROS IN SUPPORT OF
`MOTION FOR ADMISSION PRO HAC VICE
`
`Intel v. DSS
`IPR2016-00290
`INTEL 1122
`
`
`
`
`Filed on behalf of Intel Corporation
`By: Grant K. Rowan, Reg. No. 41,278
`Yung-Hoon Ha, Reg. No. 56,368
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: Grant.Rowan@wilmerhale.com
`
` Yung-Hoon.Ha@wilmerhale.com
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`
`INTEL CORPORATION
`Petitioner
`
`v.
`
`DSS Technology Management, Inc.
`Patent Owner
`
`Case IPR2016-00290
`
`
`
`UPDATED DECLARATION OF LOUIS W. TOMPROS IN SUPPORT OF
`MOTION FOR ADMISSION PRO HAC VICE
`
`Intel v. DSS
`IPR2016-00290
`INTEL 1122
`
`
`
`
`
`Case No. IPR2016-00290
`
`I, Louis W. Tompros, declare as follows:
`
`1.
`
`I am a partner at the law firm of Wilmer Cutler Pickering Hale and Dorr
`
`LLP in Boston, Massachusetts.
`
`2.
`
`I have been practicing law for more than twelve years. My practice during
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`that time has focused on intellectual property litigation, and particularly,
`
`patent litigation.
`
`3.
`
`I am a member in good standing of the Bar of the Commonwealth of
`
`Massachusetts, and am admitted to practice before the United States Court
`
`of Appeals for the Federal Circuit, the United States Supreme Court, the
`
`United States Court of Appeals for the First Circuit, the United States Court
`
`of Appeals for the Seventh Circuit, and the United States District Court for
`
`the District of Massachusetts.
`
`4. My Massachusetts Bar membership No. is 657791.
`
`5.
`
`I have represented parties in patent litigation cases in the District of
`
`Massachusetts, the Eastern District of Texas, the District of Delaware, the
`
`Northern, Central, Eastern, and Southern Districts of California, the District
`
`of Minnesota, and the International Trade Commission, among other
`
`jurisdictions. Those cases have involved, among other issues, issues
`
`involving Patent Office rules, regulations, and procedures, including
`
`inventorship disputes, inequitable conduct, prosecution history disclaimer,
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`
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`2
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`Case No. IPR2016-00290
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`and other issues for which review of a patent’s prosecution history is critical.
`
`See, e.g., General Electric Company v. Wilkins, No 1:10-cv-00674-LJO-JLT
`
`(E.D. Cal.) (involving disputed inventorship); Qualcomm, Inc. v. Broadcom
`
`Corporation, No. 3:05-cv-1958 (S.D. Cal.) (involving allegations of
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`inequitable conduct).
`
`6.
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`I have represented parties in patent appeals to the United States Court of
`
`Appeals for the Federal Circuit in twenty-nine cases. Two of those cases
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`were appeals from the Patent Trial and Appeal Board (“the Board”)—In re
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`Thomas G. Packard, No. 13-1204 (PTAB No. 12/004,324), and In re Klein,
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`647 F.3d 1343, No. 2010-1411 (BPAI No. 10/2007,747). I was lead counsel
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`in the Klein and Packard cases.
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`7.
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`I have, on pro hac vice admission, represented parties in inter partes
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`reexamination matters before the Board in three matters, Reexam Control
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`Nos. 95/000,580, 95/000,633, and 95/001,272.
`
`8.
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`I have never been suspended, disbarred, sanctioned or cited for contempt by
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`any court or administrative body.
`
`9.
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`On November 7, 2013, the Patent Office denied my petition to be admitted
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`pro hac vice as backup counsel in inter partes reexamination proceeding
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`Control No. 95/001,272. However, upon a petition for reconsideration, the
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`Board subsequently admitted me pro hac vice in those proceedings in its
`
`
`
`3
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`Case No. IPR2016-00290
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`decision dated December 12, 2013. In addition, on August 9, 2016, the
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`Patent Office denied my motion to be admitted pro hac vice in this instant
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`proceeding and Case Nos. IPR2016-00287, IPR2016-00288 and IPR2016-
`
`00289 for inadvertently omitting averments required by the ’639 Order, part
`
`2(b), paragraphs ii and iv.
`
`10.
`
`I have read and will comply with Office Patent Trial Practice guide and the
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`Board’s Rules of Practice for Trials, as set forth in 37 C.F.R. Part 42.
`
`11.
`
`I agree to be subject to the United States Patent and Trademark Office Rules
`
`of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`12.
`
`In the past three years, I have appeared pro hac vice before the United States
`
`Patent and Trademark Office in the following proceedings: Control Nos.
`
`95/000,580, 95/000,633, and 95/001,272. Petitioner Intel Corp. has moved
`
`for my admission pro hac vice in Case Nos. IPR2016-00287, IPR2016-
`
`00288, IPR2016-00289 and IPR2016-290 on March 25, 2016 ,which was
`
`denied as explained above. Petitioner Intel Corp. has moved for my
`
`admission pro hac vice in Case Nos. IPR2016-00287, IPR2016-00288 and
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`IPR2016-00289 concurrently with this motion.
`
`
`
`4
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`Case No. IPR2016-00290
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`13.
`
`I am familiar with the subject matter at issue in this proceeding. I
`
`participated in the drafting of the Petition filed in this proceeding, and I have
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`reviewed the papers filed in this proceeding.
`
`14.
`
`I have represented Intel Corporation in multiple patent-related matters,
`
`including the following United States District Court cases: DSS Tech.
`
`Mgmt., Inc. v. Intel Corp. et al., 6:15-CV-130-JRG (E.D. Tex.), which is
`
`related to and involves the same patent at issue in this proceeding; Power
`
`Management Solutions LLC v. Intel Corporation et al, 1:11-cv-00743 (D.
`
`Del.); and Power Management Solutions LLC v. Intel Corporation, 13-1457
`
`(Fed. Cir.).
`
`15.
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`I hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to
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`be true; and further that these statements are made with the knowledge that
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`willful false statements and the like are punishable by fine, imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code.
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`5
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`Case No. IPR2016-00290
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`Respectfully Submitted,
`
`___/Louis W. Tompros/____________
`
`Louis W. Tompros
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`Louis.Tompros@wilmerhale.com
`Tel.: 617-526-6000
`Fax: 617-526-5000
`
`6
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`
`
`
`
`
`
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`
`
`
`
`
`
`August 10, 2016
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