`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YMAX CORPORATION
`
`Petitioner
`
`V.
`
`FOCAL IP, LLC
`
`Patent Owner
`
`Case IPR2016—01258
`
`Patent Number: 7,764,777
`
`DECLARATION OF JOHN P. MURPHY IN SUPPORT OF UNOPPOSED
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`YMAX CORPORATION V. FOCAL IP, LLC
`
`
`
`I, John P. Murphy, declare as follows:
`
`1. I am more than twenty—one years of age, am competent to present this
`
`declaration, and have personal knowledge of the facts set forth herein.
`
`2.
`
`I have been practicing law in the field of intellectual property, and
`
`specifically patent litigation, for over nine years.
`
`3. 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
`
`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
`
`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.
`
`4.
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`I am a member in good standing of the State Bar of Texas. I am also
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`admitted to practice before the US. 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
`
`District Court for the Northern District of Texas.
`
`YMAX CORPORATION V. FOCAL IP, LLC
`
`
`
`5.
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`I have never been suspended or disbarred from practice before any court
`
`or administrative body.
`
`I have never been the subject of any ethical grievance
`
`procedure or investigation.
`
`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.
`
`8. 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 Title 37 of the
`
`C.F.R.
`
`9.
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`I agree to be subject to the USPTO Rules of Professional Conduct as set
`
`forth in 37 C.F.R. §§ 11.101 er seq. and disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a).
`
`10. I have appeared before the Board pro hac vice in the last three years in
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`IPR20l4~.0ll31, IPR2014-01133, 1PR2014—01134, IPR20l4-01135, and [PR2014—
`
`013l8. I presented oral arguments before the Board in IPR20l4-01133, IPR2014—
`
`01134, and IPR2014—01 135.
`
`11.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. 1 have substantively reviewed all materials filed in this Inter Parres
`
`Review, including the Petition for Inter Partes Review and all accompanying
`YIVIAX CORPORATION u. FOCAL IP, LLC
`
`
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`exhibits, and the Preliminary Response to the Petition for Inter Parres Review and
`
`all accompanying exhibits. Additionally, I assisted in drafting the Preliminary
`
`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
`
`this proceeding.
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`12.
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`I declare under penalty of perjury that the foregoing is true and correct.
`
`October 28, 2016
`
`Respectfully submitted,
`
`
`
`P. Mu
`Jo
`elson Bumgardner, P.C.
`3131 W. 7th Street
`
`Suite 300
`
`Fort Worth, Texas 76107
`P: 817.806.3808
`
`F: 817.377.3485
`
`YMAX CORPORATION V. FOCAL IP, LLC
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