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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________
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`
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`APPLE INC.,
`Petitioner,
`
`v.
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`IMMERSION CORPORATION,
`Patent Owner.
`
`___________________
`
`
`Case IPR2016-01381
`Patent No. 8,773,356
`________________
`
`
`
`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 2010-1
`Apple v Immersion
`IPR2016-01381
`
`
`
`Case IPR2016-01381
`Patent No. 8,773,356
`
`I, Richard Birnholz, declare as follows:
`
`1.
`
`2.
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`I am an attorney licensed to practice law in the state of California.
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`I am a Partner at the law firm of Irell & Manella LLP. I have served as
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`counsel in cases relating to patents for over twenty (20) years.
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`3.
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`I am a member in good standing of the Bar of the State of California. I
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`am also admitted to practice before the Supreme Court of the State of California;
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`United States District Courts for the Southern District, Central District, Eastern
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`District and Northern District of California; United States District Court for the
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`Eastern District of Texas; U.S. Court of Appeals for the Ninth Circuit; and U.S.
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`Court of Appeals for the Federal Circuit.
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`4.
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`I am a member in good standing in all jurisdictions where I have been
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`admitted to practice.
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`5.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`6.
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`I have never had an application denied for admission to practice before
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`any court or administrative body.
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`7.
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`I have never had any sanctions or contempt citations imposed by any
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`court or administrative body.
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`8.
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`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 the C.F.R.
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`
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`- 1 -
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`Immersion Ex 2010-2
`Apple v Immersion
`IPR2016-01381
`
`
`
`Case IPR2016-01381
`Patent No. 8,773,356
`
`9.
`I agree to be subject to the USPTO Rules of Professional Conduct 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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`11.19(a).
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`10. I have not appeared pro hac vice before the United States Patent and
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`Trademark Office in the past three years.
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`11. I am counsel for Patent Owner, Immersion Corporation (“Immersion”)
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`in the following co-pending litigation: Immersion Corp. v. Apple Inc., et al., Nos.
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`1-16-cv-00077 and 1:16-cv-00325 (D. Del.) (stayed); In the Matter of: Certain
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`Mobile and Portable Electronic Devices Incorporating Haptics (Including
`
`Smartphones and Laptops) and Components Thereof, ITC Investigation Nos. 337-
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`TA-990 and -1004 (consolidated). These cases involve litigation concerning
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`Immersion’s U.S. Patent Nos. 8,773,356 (the “’356 patent”), 8,659,571 (the “’571
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`patent”), 7,808,488 (the “’488 patent”), 8,619,051 (the “’051 patent”), 8,581,710
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`(the “’710 patent”), 8,749,507 (the “’507 patent”) and 7,336,260 (the “’260
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`patent”). The aforementioned patents relate to haptic feedback technology in
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`electronic devices.
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`12. I have been involved extensively in the underlying litigation involving
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`the aforementioned patents, including issues relating to prior art and claim
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`construction of the ’356 patent. As a result, I have an established familiarity with
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`the subject matter at issue in this proceeding involving the ’356 patent.
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`- 2 -
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`Immersion Ex 2010-3
`Apple v Immersion
`IPR2016-01381
`
`
`
`Case IPR2016-01381
`Patent No. 8,773,356
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`I hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements are made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code and that such willful false
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`statements may jeopardize the validity of U.S. Patent No. 8,773,356.
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`
`
`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
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`
`
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`- 3 -
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`Immersion Ex 2010-4
`Apple v Immersion
`IPR2016-01381
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`