`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`IMMERSION CORPORATION,
`Patent Owner.
`
`___________________
`
`
`Case IPR2016-01372
`Patent No. 8,659,571
`________________
`
`
`
`DECLARATION OF RICHARD BIRNHOLZ IN SUPPORT OF
`IMMERSION CORPORATION’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`
`
`
`
`
`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`Immersion Ex 2011-1
`Apple v Immersion
`IPR2016-01372
`
`
`
`Case IPR2016-01372
`Patent No. 8,659,571
`
`I, Richard Birnholz, declare as follows:
`
`1.
`
`2.
`
`I am an attorney licensed to practice law in the state of California.
`
`I am a Partner at the law firm of Irell & Manella LLP. I have served as
`
`counsel in cases relating to patents for over twenty (20) years.
`
`3.
`
`I am a member in good standing of the Bar of the State of California. I
`
`am also admitted to practice before the Supreme Court of the State of California;
`
`United States District Courts for the Southern District, Central District, Eastern
`
`District and Northern District of California; United States District Court for the
`
`Eastern District of Texas; U.S. Court of Appeals for the Ninth Circuit; and U.S.
`
`Court of Appeals for the Federal Circuit.
`
`4.
`
`I am a member in good standing in all jurisdictions where I have been
`
`admitted to practice.
`
`5.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`6.
`
`I have never had an application denied for admission to practice before
`
`any court or administrative body.
`
`7.
`
`I have never had any sanctions or contempt citations imposed 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 the C.F.R.
`
`
`
`
`- 1 -
`
`
`
`Immersion Ex 2011-2
`Apple v Immersion
`IPR2016-01372
`
`
`
`Case IPR2016-01372
`Patent No. 8,659,571
`
`9.
`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. §
`
`11.19(a).
`
`10. I have not appeared pro hac vice before the United States Patent and
`
`Trademark Office in the past three years.
`
`11. I am counsel for Patent Owner, Immersion Corporation (“Immersion”)
`
`in the following co-pending litigation: Immersion Corp. v. Apple Inc., et al., Nos.
`
`1-16-cv-00077 and 1:16-cv-00325 (D. Del.) (stayed); In the Matter of: Certain
`
`Mobile and Portable Electronic Devices Incorporating Haptics (Including
`
`Smartphones and Laptops) and Components Thereof, ITC Investigation Nos. 337-
`
`TA-990 and -1004 (consolidated). These cases involve litigation concerning
`
`Immersion’s U.S. Patent Nos. 8,659,571 (the “’571 patent”), 7,808,488 (the “’488
`
`patent”), 8,619,051 (the “’051 patent”), 8,581,710 (the “’710 patent”), 8,749,507
`
`(the “’507 patent”), 7,336,260 (the “’260 patent”) and 8,773,356 (the “’356
`
`patent”). The aforementioned patents relate to haptic feedback technology in
`
`electronic devices.
`
`12. I have been involved extensively in the underlying litigation involving
`
`the aforementioned patents, including issues relating to prior art and claim
`
`construction of the ’571 patent. As a result, I have an established familiarity with
`
`the subject matter at issue in this proceeding involving the ’571 patent.
`
`
`
`
`- 2 -
`
`
`
`Immersion Ex 2011-3
`Apple v Immersion
`IPR2016-01372
`
`
`
`Case IPR2016-01372
`Patent No. 8,659,571
`
`I hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements are made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code and that such willful false
`
`statements may jeopardize the validity of U.S. Patent No. 8,659,571.
`
`
`
`Date: August 11, 2017
`
`
`
`
`
`/s/ Richard Birnholz
` Richard M. Birnholz
`
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`Telephone: (310) 277-1010
`Fax: (310) 203-7199
`Email: rbirnholz@irell.com
`
`
`
`
`
`- 3 -
`
`
`
`Immersion Ex 2011-4
`Apple v Immersion
`IPR2016-01372
`
`
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