`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE, INC.,
`Petitioner,
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`v.
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`REALTIME DATA LLC,
`Patent Owner.
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`Case IPR2016-01737
`Patent No. 8,880,862
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`DECLARATION OF MICHAEL BITTNER IN SUPPORT OF
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
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`1
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`Apple v. Realtime
`Proceeding No. IPR2016-1737
`Exhibit 1028
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`Proceeding No.: IPR2016-01737
`Attorney Docket: 39521-0025IP1
`DECLARATION OF MICHAEL BITTNER IN SUPPORT
`OF PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION
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`I, Michael Bittner, hereby declare the following:
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`I am a member in good standing of the state Bar for the State of Texas, as
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`1.
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`well as the United States Court of Appeals for the Federal Circuit, the Eastern
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`District of Texas, and the Northern District of Texas.
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`2.
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`I have not been suspended or disbarred from practice before any court or
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`administrative body.
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`3.
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`I have never had an application for admission to practice before any court or
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`administrative body denied.
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`4.
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`No sanction or contempt citation has been imposed against me by any court
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`or administrative body.
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`5.
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`I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board’s Rules of Practice for Trials set forth in part 42 of the Code of Federal
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`Regulations.
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`6.
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`I will be subject to the USPTO Rules of Professional Conduct set forth in 37
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`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`7.
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`I am a litigation attorney with nearly a decade of experience representing
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`clients in cases involving computer software. I regularly litigate cases before the
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`United States Court of Appeals for the Federal Circuit, and various federal district
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`2
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`Proceeding No.: IPR2016-01737
`Attorney Docket: 39521-0025IP1
`courts. Through my practice in such cases, I have gained substantial experience in
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`jury trials, discovery, Markman hearings, and appeals. I also have a Bachelor of
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`Arts degree in History and Humanities from the University of Texas. My
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`biography is attached as Exhibit A.
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`8.
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`I also have particular experience and familiarity with the substantive and
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`technical issues involved in this Inter Partes Review proceeding. I have been
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`involved in co-pending patent litigation brought by Patent Owner against Petitioner
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`since its inception in October 2015. Over the past nineteen months years, I have
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`invested substantial time on Petitioner’s behalf on motion practice, discovery, and
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`analysis of the patents-in-suit, including the patent for which review is sought in
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`the instant proceeding.
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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 were 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 the application or any patents issued
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`thereon.
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`3
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`Proceeding No.: IPR2016-01737
`Attorney Docket: 39521-0025IP1
`Respectfully submitted,
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`/ Michael A. Bittner /
`Michael A. Bittner
`Winston & Strawn LLP
`2501 N. Harwood St., 17th Floor
`Dallas, TX 75201
`Tel: (214) 453-6500
`Email: mbittner@winston.com
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`Date: May 23, 2017
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`4
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`EXHIBIT A
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`Michael A. Bittner
`Partner
`Dallas
`+1 214-453-6464
`mbittner@winston.com
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`
`Services
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`Sectors
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`Admissions
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`Brand Enforcement/ Trademark Litigation, Complex Commercial Litigation, IP/IT
`Transactions & Licensing, Patent Litigation, Trade Secrets
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`Financial Services & Banking, Food, Beverage & Agriculture, Oil & Gas,
`Pharmaceuticals & Medical Devices, Technology & Telecommunications
`Texas
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`Education
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`The University of Texas at Austin, JD 2008
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`University of Texas, BA 2003
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`Michael Bittner is a partner in the firm’s Dallas office whose practice is focused primarily on intellectual
`property litigation, with an emphasis on patent litigation. Mr. Bittner has experience representing clients in
`a wide variety of industries and technologies, including data management, electronic commerce, financial
`services, petrochemical engineering, robotics, and medical devices. Mr. Bittner has extensive experience
`managing complex patent cases for both patentees and defendants, including coordinating the largest
`joint defense effort in the in the history of the Eastern District of Texas (more than 400 defendants).
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`Mr. Bittner also has extensive experience in representing clients in other intellectual property disputes,
`including trademark, trade dress, and trade secret litigation in Texas and across the nation. He has
`represented both Fortune 500 and small-to-medium sized business in disputes ranging from fixed fee
`brand enforcement actions and multi-million dollar “bet the business” cases.
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`Prior to joining Winston, Mr. Bittner served as a principal in the Dallas office of another Am Law 100 firm.
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`Mr. Bittner received his B.A., with high honors, from the University of Texas in 2003, and he received his
`J.D., with honors, from University of Texas at Austin School of Law in 2008, where he was articles editor
`for The Review of Litigation.
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`Honors & Awards
`• Rising Star in Intellectual Property Litigation for Texas Super Lawyers (2015-2017)
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`© 2017 Winston & Strawn LLP
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`5
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