`
`1.
`
`I am an attorney at Kobre & Kim LLP, 150 California, 19th Floor,
`
`San Francisco, California 94111, which has been retained by Patent Owner
`
`Rosetta-Wireless Corporation in this inter partes review.
`
`2.
`
`I make this affidavit in support of Patent Owner’s application for my
`
`admission pro hac vice.
`
`3.
`
`I am a member in good standing of the bar in California. I am also
`
`duly admitted and authorized to practice law before the United States District
`
`Court for the Northern District of California, United States District Court for the
`
`Eastern District of California, United States District Court for the Eastern District
`
`of Texas, United States Court of the Appeals for the Ninth Circuit, United States
`
`Court of the Appeals for the Federal Circuit, and United States Supreme Court.
`
`4.
`
`I have not had any application denied for admission to practice, nor
`
`have I been sanctioned, cited for contempt, suspended or disbarred from practice,
`
`before any court or administrative body.
`
`5.
`
`If admitted pro hac vice in this matter, I will serve as counsel with
`
`Miranda Y. Jones and Michael F. Heim of the law firm of Heim, Payne &
`
`Chorush, L.L.P. Ms. Jones is lead counsel on this case and is registered to practice
`
`before the United States Patent and Trademark Office (“USPTO”).
`
`6.
`
`I understand that, upon admission pro hac vice, I will be subject to the
`
`Rosetta-2014
`
`0001
`
`
`
`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`to disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`7.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of the C.F.R.
`
`8.
`
`I hereby agree to notify the Board immediately of any matter affecting
`
`my standing at the bar of any other Court.
`
`9.
`
`I have not applied to appear pro hac vice in any other matter before
`
`the Office in the last three years.
`
`10.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding, having represented Patent Owner in District Court proceedings
`
`involving the same technology (Rosetta-Wireless Corp. v. Apple Inc. et al., No. 15-
`
`cv-00799, (N.D.Ill) and Rosetta-Wireless Corp. v. Samsung Electronics Co., Ltd. et
`
`al., No. 15-cv-10605, (N.D.Ill)). I have carefully studied the patent-in-suit,
`
`including its prosecution history, and have conducted many interviews with the
`
`inventors regarding their invention, the prosecution history and the patent. I am
`
`intimately familiar with the positions taken by the petitioners and the other
`
`defendants in the above litigation, and have provided counsel to the inventors in
`
`connection with litigation involving a foreign counterpart in the United Kingdom.
`
`More generally, I am an experienced patent litigator, having litigated numerous
`
`patent infringement cases, for both plaintiffs and defendants, at both the district
`
`
`
`
`
`0002
`
`
`
`court and Federal Circuit levels. I have, for example, served as trial and appellate
`
`counsel for the Australian national science agency, Commonwealth Scientific and
`
`Industrial Research Organisation, including in the currently pending CSIRO v.
`
`Cisco, Eastern District of Texas Case No. 6-11-cv-343 and Federal Circuit Case
`
`No. 15-1066.
`
`11.
`
`I hereby respectfully request that the Board grant Patent Owner
`
`Rosetta-Wireless Corporation’s application to permit me to appear and participate
`
`pro hac vice in this proceeding.
`
`12.
`
`I understand that willful false statements and the like are punishable
`
`by fine or imprisonment, or both, under 18 U.S.C. § 1001, and may jeopardize the
`
`validity of the application or any patent issuing thereon. I declare under penalty of
`
`perjury that the foregoing is true and correct.
`
`
`
`
`
`
`
`Executed on May 31, 2016
`
`/s/ Daniel A. Zaheer
`Daniel A. Zaheer
`
`
`
`
`
`
`
`
`
`
`0003