`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`LIMESTONE MEMORY SYSTEMS LLC,
`Patent Owner.
`____________________
`
`Case IPR2016-01567
`Patent No. 5,894,441
`____________________
`
`AFFIDAVIT OF MICHAEL N. ZACHARY IN SUPPORT OF
`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
`Submitted Electronically via PTAB E2E
`
`Apple – Ex. 1023
`Apple Inc., Petitioner
`1
`
`
`
`
`
`1.
`
`I, Michael N. Zachary, am a partner at the law firm of Andrews Kurth
`
`Kenyon LLP, and have personal knowledge of the facts set forth herein.
`
`2.
`
`This affidavit is given in support of the Apple Inc.’s (“Apple”) Motion
`
`for Pro Hac Vice Admission of Michael N. Zachary.
`
`3.
`
`I am an experienced litigation attorney, having represented clients in
`
`all phases of patent cases for over 26 years, including in numerous different district
`
`courts. I have been counsel at trial and at hearings, including with respect to
`
`summary judgment proceedings on infringement and patent validity issues, claim
`
`construction proceedings, and other patent-related hearings.
`
`4.
`
`I am trial counsel for Petitioner Apple Inc. in co-pending district court
`
`litigation against the Patent Owner, Limestone Memory Systems LLC v. Apple Inc.,
`
`Civil Action No. 8:15-cv-01274, filed August 10, 2015, in the U.S. District Court
`
`for the Central District of California, which involves the same patent at issue in
`
`this proceeding (U.S. Patent No. 5,894,441 or the “’441 patent”).
`
`5.
`
`I have been actively involved in all aspects of the aforementioned
`
`district court litigation, and I am familiar with the documents filed and actions
`
`taken to date in the present matter, Case No. IPR2016-01567, including review of
`
`Petitioners’ petition herein.
`
`6.
`
`I am a member in good standing of the Bar in California, Oregon, and
`
`Washington State. I am also duly admitted and authorized to practice law before
`
`1
`
`Apple – Ex. 1023
`Apple Inc., Petitioner
`2
`
`
`
`
`
`the U.S. District Court for the Central District of California, U.S. District Court for
`
`the Eastern District of California, U.S. District Court for the Northern District of
`
`California, U.S. District Court for the Southern District of California, U.S. District
`
`Court for the District of Colorado, U.S. District Court for the District of Oregon,
`
`U.S. District Court for the Eastern District of Texas, U.S. District Court for the
`
`Eastern District of Washington, and U.S. District Court for the Western District of
`
`Washington.
`
`7.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`8.
`
`I have never made an application for admission to practice before any
`
`court or administrative body that has been denied.
`
`9.
`
`No sanctions or contempt citations have been imposed against me by
`
`any court or administrative body.
`
`10.
`
`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 Code of Federal Regulations.
`
`11.
`
`I understand that I will be subject to the USPTO Rules of Professional
`
`Conduct as set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a).
`
`12.
`
`I have appeared pro hac vice in the following other proceedings
`
`2
`
`Apple – Ex. 1023
`Apple Inc., Petitioner
`3
`
`
`
`
`
`before the United States Patent and Trademark Office in the last three (3) years,
`
`Microsoft Corp. v. Bradium Techs. LLC, IPR2015-01432; Microsoft Corp. v.
`
`Bradium Techs. LLC, IPR2015-01434; Microsoft Corp. v. Bradium Techs. LLC,
`
`IPR2015-01435, Microsoft Corp. v. Bradium Techs. LLC, IPR2016-00448,
`
`Microsoft Corp. v. Bradium Techs. LLC, IPR2016-00449, and Prism Pharma Co.,
`
`Ltd., v. Choongwae Pharma Corp., IPR2014-00315.
`
`13.
`
`I 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 were 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.
`
`
`
`Michael N. Zachary
`
`
`
`Executed on October 18, 2016
`
`
`
`3
`
`Apple – Ex. 1023
`Apple Inc., Petitioner
`4
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