`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BRIGHT HOUSE NETWORKS, LLC
`
`WTDEOPENWEST FINANCE, LLC
`
`KNOLOGY OF FLORIDA, INC.
`
`BIRCH COMMUNICATIONS, INC.
`
`Petitioners
`
`V.
`
`FOCAL IP, LLC
`
`Patent Owner
`
`Case IPR2016-01259
`
`Patent Number: 8,155,298
`
`DECLARATION OF JOEN P. MURPHY IN SUPPORT OF UNOPPOSED
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`BHN, ET AL. 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
`
`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
`
`IPR proceedings; taking depositions of expert witnesses regarding invalidity and
`
`infringement; assisting experts in drafting expert reports regarding invalidity and
`
`infringement; drafting claim construction briefs; drafting briefs associated with
`
`motions for summary judgments regarding invalidity and infringement issues;
`
`drafting invalidity and infringement contentions; and participating in patent—related
`
`hearings.
`
`4. I am a member in good standing of the State Bar of Texas. I am also
`
`admitted to practice before the U.S. Court of Appeals for the Federal Circuit, the
`
`United States District Court for the Eastern District of Texas, and the United States
`
`District Court for the Northern District of Texas.
`
`BHN, ET AL. v. FOCAL IP, LLC
`
`
`
`5.
`
`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
`
`admission to practice before it.
`
`7. I have never had any sanctions or contempt citations imposed against me
`
`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. I agree to be subject to the USPTO Rules of Professional Conduct as set
`
`forth in 37 C.F.R. §§ ll.l0l er seq. and disciplinary jurisdiction under 37 CPR. §
`
`ll.l9(a).
`
`10. I have appeared before the Board pro hac vice in the last three years in
`
`]I’R2014-01 131, IPR2014—01133, IPR2014—O1134, IPR2014-01135, and lPR20l4—
`
`01318. I presented oral arguments before the Board in IPR2014-0113 3, lPR2014—
`
`01 134, and IPR20l4—0l 135.
`
`11. I have an established familiarity with the subject matter at issue in this
`
`proceeding.
`
`I have substantively reviewed all materials filed in this Inter Partes
`
`Review, including the Petition for Inter Partes Review and all accompanying
`BHN, ET AL. v. FOCAL IP, LLC
`
`
`
`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
`
`Patent Owner Focal IP, LLC.
`
`I am thus very familiar with the subject matter in
`
`this proceeding.
`
`12. I declare under penalty of perjury that the foregoing is true and correct.
`
`October 28, 2016
`
`Respectfully submitted,
`
` P. Mu
`
`son Bui gardner, P.C.
`-
`3131 W. 7th Street
`
`Suite 300
`
`Fort Worth, Texas 76107
`P: 817.806.3808
`
`F: 817.377.3485
`
`BHN, ET AL. V, FOCAL IP, LLC