`______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________
`
`APPLE INC.,
`Petitioners,
`
`v.
`
`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner.
`______________________________
`
`
`
`Case IPR No.: IPR2016-01135
`Patent 5,812,789
`
`
`
`
`
`DECLARATION OF MICHAEL MCBRIDE IN SUPPORT OF PATENT
`OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`MICHAEL MCBRIDE UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`
`
`
`
`PUMA Exhibit 2009
`APPLE v. PUMA, IPR 2016‐01135
`Page 1
`
`
`
`I, Michael McBride, being duly sworn and upon oath, hereby attest to the
`
`following:
`
`1.
`
`I am an attorney with the AZA law firm and represent the Patent Owner
`
`Parthenon Unified Memory Architecture LLC (“PUMA”) in the above
`
`captioned proceeding. I am submitting this declaration in support of Patent
`
`Owner’s Unopposed Motion for Pro Hac Vice Admission of Michael
`
`McBride Under 37 C.F.R. § 42.10(c).
`
`2.
`
`I am a member in good standing of the Bar of Texas, as well as the following
`
`Federal Courts:
`
`a) U.S. District Court for the Eastern District of Texas 2011.
`
`3.
`
`I have not been suspended or disbarred from practice before any court or
`
`administrative body;
`
`4.
`
`I have never had an application for admission to practice before any court or
`
`administrative body denied;
`
`5.
`
`I have never been subject to any sanction or contempt citation imposed by any
`
`court or administrative body.
`
`6.
`
`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 37 C.F.R.
`
`7.
`
`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. §
`
`
`
`
`
`
`
`
`
`PUMA Exhibit 2009
`APPLE v. PUMA, IPR 2016‐01135
`Page 2
`
`
`
`11.19(a).
`
`8.
`
`I have applied to appear pro hac vice before the Office in IPR2015-01500;
`
`IPR2015-01501; IPR2015-01502; IPR2016-00923; and IPR2016-00924 in
`
`the last three (3) years; and
`
`9.
`
`I am an experienced litigation attorney, with experience in a significant
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`number of District Court litigation involving patent infringement, including
`
`Markman hearings. My biography is attached as Exhibit 2009. I am counsel
`
`for Parthenon Unified Memory Architecture in a co-pending litigation in
`
`which U.S. Patent No. 5,812,789 is asserted against HTC Corporation, HTC
`
`America, Inc., and Apple Inc. In those cases I have been directly involved in
`
`all aspects of the case, including arguing two Markman hearings and
`
`conduction discovery into infringement and invalidity. As a result, I am
`
`familiar with the subject matter at issue in this proceeding as result, including
`
`the prior art on which Petition relies in this request, as well as the issues of
`
`claim construction that been briefed in the litigation.
`
`
`Dated: January 12, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`By: /s/ Michael McBride
`
`Michael McBride
`Attorney for Patent Owner
`Parthenon Unified Memory
`Architecture, LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`PUMA Exhibit 2009
`APPLE v. PUMA, IPR 2016‐01135
`Page 3
`
`
`
`AHMAD, ZAVITSANOS, ANAIPAKOS,
`ALAVI &MENSING, P.C.
`1221 McKinney Street, Suite 2500
`Houston, TX 77010
`Telephone: 713-655-1101
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PUMA Exhibit 2009
`APPLE v. PUMA, IPR 2016‐01135
`Page 4
`
`
`
`
`
`
`
`Michael D. McBride
`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING P.C.
`1221 McKinney St., Ste. 2500
`Houston, Texas 77010
`mmcbride@azalaw.com
`(713) 655‐1101; Fax (713) 655‐0062
`
`Michael McBride is an intellectual property lawyer who focuses primarily on patent litigation and
`patent prosecution matters. On the patent litigation side, his cases have involved semiconductor
`manufacturing and transistor design, flash memory controllers, fiber optic networks, digital video
`compression and processing, CMOS image sensors, and more. He has also prosecuted patent
`applications covering computer hardware and software technologies, aerospace technologies,
`and upstream oil and gas technologies.
`
`After graduating from The University of Texas School of Law with honors, Mr. McBride served as
`a law clerk to the Honorable Hayden Head of the United States District Court for the Southern
`District of Texas. He has also served as a volunteer prosecutor for the City of Houston in the city’s
`municipal courts. Prior to attending law school, Mr. McBride worked in the product engineering
`group of Fujitsu‐AMD Semiconductor LLC at its flash memory fabrication facility in Austin, Texas.
`
`Representative Matters:
`
` TiVo Inc. v. AT&T Inc., et al. (Eastern District of Texas): Represented defendants in a patent
`infringement action involving digital video recording technology.
` AT&T Intellectual Property I, Inc., et al. v. TiVo Inc. (Northern District of California): Represented
`plaintiffs in a patent infringement action involving multimedia technology.
` Virtual Sales Assistant, et al. v. Western and Southern Life Insurance Co., et al. (Western District
`of Texas): Represented defendant in a copyright infringement action involving financial forms.
` Convolve, Inc. v. Dell Inc., et al. (Eastern District of Texas): Represented defendant in a patent
`infringement action involving hard drive technology.
` Nomadix, Inc. v. Hewlett Packard Co, et al. (Central District of California): Represented defendant
`in a patent infringement action involving wireless hotspot and router technology.
` HSM Portfolio LLC v. Toshiba Corp., et al. (District of Delaware): Represented defendant in a
`patent infringement lawsuit concerning semiconductor circuit technology.
` Zond, Inc. v. Toshiba Corp., et al. (District of Massachusetts): Represented defendant in a patent
`infringement lawsuit concerning plasma‐based etching and deposition technology.
` Digital CBT LLC v. AT&T Services, Inc. (Central District of California): Represented defendant in a
`patent infringement lawsuit concerning video processing technology.
` Solid State Storage Solutions, Inc. v. Fusion‐io, Inc. (Eastern District of Texas): Represented
`defendant in a patent infringement lawsuit concerning solid state drive technology.
` Axon Energy Products, Inc.: Prepared and prosecuted foreign and domestic patent applications
`related to upstream oil and gas technology and advised client on various trademark and copyright
`issues.
`
`
`
`
`
`
`
`
`
`PUMA Exhibit 2009
`APPLE v. PUMA, IPR 2016‐01135
`Page 5
`
`
`
` Schlumberger Ltd.: Drafted intellectual property licenses and assignments in connection with
`corporate acquisitions, mergers, and joint ventures.
` American Bureau of Shipping, Inc.: Advised client on software licensing and copyright issues and
`drafted software licenses and software development agreements.
`
`EDUCATION
`J.D. (with honors), The University of Texas School of Law, 2008 – Associate Editor for Technology,
`Texas Law Review
` B.S., Electrical Engineering, The University of Texas, 2005
`
`BAR ADMISSIONS
` State Bar of Texas
`
`
`
`
`
`
`
`
`
`
`
`
`
`PUMA Exhibit 2009
`APPLE v. PUMA, IPR 2016‐01135
`Page 6
`
`