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`1.
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`I am an attorney at Kobre & Kim LLP, 150 California, 19th Floor,
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`San Francisco, California 94111, which has been retained by Patent Owner
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`Rosetta-Wireless Corporation in this inter partes review.
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`2.
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`I make this affidavit in support of Patent Owner’s application for my
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`admission pro hac vice.
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`3.
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`I am a member in good standing of the bars in California and New
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`York. I am a member in good standing, in inactive status, of the bar of
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`Mississippi. I am also duly admitted and authorized to practice law before the
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`United States District Court for the Northern District of California, United States
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`District Court for the Eastern District of California, United States District Court for
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`the Central District of California, United States District Court for the Southern
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`District of California, United States District Court for the Eastern District of Texas,
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`United States District Court for the Northern District of Mississippi, United States
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`District Court for the Southern District of Mississippi, United States District Court
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`for the Southern District of New York, United States Court of the Appeals for the
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`Second Circuit, United States Court of the Appeals for the Fifth Circuit, United
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`States Court of the Appeals for the Ninth Circuit, United States Court of the
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`Appeals for the Federal Circuit, and United States Supreme Court.
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`4.
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`I have not had any application denied for admission to practice, nor
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`Rosetta-2016
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`have I been sanctioned, cited for contempt, suspended or disbarred from practice,
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`before any court or administrative body.
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`5.
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`If admitted pro hac vice in this matter, I will serve as counsel with
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`Miranda Y. Jones and Michael F. Heim of the law firm of Heim, Payne &
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`Chorush, L.L.P. Ms. Jones is lead counsel on this case and is registered to practice
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`before the United States Patent and Trademark Office (“USPTO”).
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`6.
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`I understand that, upon admission pro hac vice, I will be subject to the
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`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
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`to disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`7.
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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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`8.
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`I hereby agree to notify the Board immediately of any matter affecting
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`my standing at the bar of any other Court.
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`9.
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`I have not applied to appear pro hac vice in any other matter before
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`the Office in the last three years.
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`10.
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`I have an established familiarity with the subject matter at issue in this
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`proceeding, having represented Patent Owner as lead counsel in District Court
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`proceedings involving the same technology (Rosetta-Wireless Corp. v. Apple Inc.
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`et al., No. 15-cv-00799, (N.D.Ill) and Rosetta-Wireless Corp. v. Samsung
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`Electronics Co., Ltd. et al., No. 15-cv-10605, (N.D.Ill)). I have carefully studied
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`the patent-in-suit, including its prosecution history, and have conducted many
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`interviews with the inventors regarding their invention, the prosecution history and
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`the patent. I am intimately familiar with the positions taken by the petitioners and
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`the other defendants in the above litigation, and have provided counsel to the
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`inventors in connection with litigation involving a foreign counterpart in the
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`United Kingdom. More generally, I am an experienced patent litigator, having
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`litigated dozens of patent infringement cases, for both plaintiffs and defendants, at
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`both the district court and Federal Circuit levels. I have, for example, served as
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`lead trial and appellate counsel for the Australian national science agency,
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`Commonwealth Scientific and Industrial Research Organisation, including in the
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`currently pending CSIRO v. Cisco, Eastern District of Texas Case No. 6-11-cv-343
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`and Federal Circuit Case No. 15-1066.
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`11.
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`I hereby respectfully request that the Board grant Patent Owner
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`Rosetta-Wireless Corporation’s application to permit me to appear and participate
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`pro hac vice in this proceeding.
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`12.
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`I understand that willful false statements and the like are punishable
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`by fine or imprisonment, or both, under 18 U.S.C. § 1001, and may jeopardize the
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`validity of the application or any patent issuing thereon. I declare under penalty of
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`perjury that the foregoing is true and correct.
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`0003
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`Executed on May 31, 2016
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`/s/ Michael Ng
`Michael Ng
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