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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`YMAX CORPORATION
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`Petitioner
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`V.
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`FOCAL IP, LLC
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`Patent Owner
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`Case IPR2016—O1256
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`Patent Number: 8,155,298
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`DECLARATION OF JOHN P. MURPHY IN SUPPORT OF UNOPPOSED
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`MOTION FOR PRO HAC VICE ADMISSION
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`YMAX CORPORATION V. FOCAL IP, LLC
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`I, John P. Murphy, declare as follows:
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`1. I am more than twenty-one years of age, am competent to present this
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`declaration, and have personal knowledge of the facts set forth herein.
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`2. I have been practicing law in the field of intellectual property, and
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`specifically patent litigation, for over nine years.
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`3.
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`I have extensive experience litigating patent infringement cases in many
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`different district courts across the United States. My experience in patent litigation
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`matters includes, but is not limited to: presenting oral arguments to the Board in
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`IPR proceedings; taking depositions of expert Witnesses regarding invalidity and
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`infringement; assisting experts in drafting expert reports regarding invalidity and
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`infringement; drafting claim construction briefs; drafting briefs associated with
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`motions for summary judgments regarding invalidity and infringement issues;
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`drafting invalidity and infringement contentions; and participating in patent-related
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`hearings.
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`4.
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`I am a member in good standing of the State Bar of Texas.
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`I am also
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`admitted to practice before the U.S. Court of Appeals for the Federal Circuit, the
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`United States District Court for the Eastern District of Texas, and the United States
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`District Court for the Northern District of Texas.
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`YMAX CORPORATION V. FOCAL JP, LLC
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`5. I have never been suspended or disbarred from practice before any court
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`or administrative body.
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`I have never been the subject of any ethical grievance
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`procedure or investigation.
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`6. No court or administrative body has ever denied my application for
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`admission to practice before it.
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`7. I have never had any sanctions or contempt citations imposed against me
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`by any court or administrative body.
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`8. 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 Title 37 of the
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`C.F.R.
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`9. I agree to be subj ect to the USPTO Rules of Professional Conduct as set
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`forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. §
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`1 1. 19(a).
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`10. I have appeared before the Board pro hac vice in the last three years in
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`IPRZOI4-01131, IPRZOI4-01133, IPR20l4~0ll34, IPR20l4—01l35, and IPR2014~
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`01318.
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`I presented oral arguments before the Board in IPR2014—01 133, IPR2014—
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`01134, and IPR2014—01135.
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`11. I have an established familiarity with the subject matter at issue in this
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`proceeding.
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`I have substantively reviewed all materials filed in this Inter Partes
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`Review, including the Petition for Inter Partes Review and all accompanying
`YMAX CORPORATION V. FOCAL IP, LLC
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`exhibits, and the Preliminary Response to the Petition for Inter Partes Review and
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`all accompanying exhibits. Additionally, I assisted in drafting the Preliminary
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`Response to the Petition for Inter Partes Review filed in this matter on behalf of
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`Patent Owner Focal IP, LLC.
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`I am thus Very familiar with the subj ect matter in
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`this proceeding.
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`12. I declare under penalty of perjury that the foregoing is true and correct.
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`October 28,2016
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`Respectfully submitted,
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`elson Burngardner, P.C.
`3131 W. 7th Street
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`Suite 300
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`Fort Worth, Texas 76107
`P: 817.806.3808
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`F: 817.377.3485
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`YMAX CORPORATION V. FOCAL IP, LLC