`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner
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`v.
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`POLARIS INNOVATIONS LTD.,
`Patent Owner
`____________
`
`Case IPR2017-00114
`Patent 7,206,978
`____________
`DECLARATION OF NATHAN NOBU LOWENSTEIN
`IN SUPPORT OF PATENT OWNER POLARIS INNOVATIONS LTD.’S
`MOTION FOR PRO HAC VICE ADMISSION
`OF NATHAN NOBU LOWENSTEIN
`UNDER 37 C.F.R. § 42.10(c)
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`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 1
`IPR2017-00114, Kingston Tech. Co. v. Polaris Innovations Ltd.
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`I, Nathan Nobu Lowenstein, declare as follows:
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`I am an attorney licensed to practice law in the State of California.
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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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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`I have never had an application denied for admission to practice
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`before any court or administrative body.
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`I have never had any sanctions or contempt citations imposed upon
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`me by any court or administrative body.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board's Rules of Practice for Trials set forth in part 42
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`of 37 C.F.R.
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`7.
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`I agree to be subject to the U.S.P.T.O. Rules of Professional Conduct
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`set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction
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`under 37 C.F.R. § 11.19(a).
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`8.
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`9.
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`I am a partner at the law firm of Lowenstein & Weatherwax LLP.
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`I have practiced law in California for the past eleven years, and the
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`majority of my practice has consisted of patent litigation and other
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`patent related matters such as PTAB litigations. Representative patent
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`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 2
`IPR2017-00114, Kingston Tech. Co. v. Polaris Innovations Ltd.
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`litigations where I have been actively involved as patent litigation
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`counsel include Tessera, Inc. v. Micron Technology, Inc. et al., 2:05-
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`cv-00094-JDL (E.D. Tex.); St. Jude Medical, Inc., et al. v. Access
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`Closure, Inc., 4:08-cv-04101 (W.D. Ark.); Microprocessor
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`Enhancement Corp. v. Texas Instruments Inc., 8:08-cv-01123 (C.D.
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`Cal.); and Quantum World Corp. v. Atmel Corp. et al., 2:07-cv-00024
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`(E.D. Tex.).
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`10. My experience in post grant patent proceedings includes drafting
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`patent owner responses, taking and defending depositions, and
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`presenting oral arguments before the Board. Representative matters
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`where I was actively involved include Microsoft Corp. v. IpLearn
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`Focus, LLC (IPR2015-00095 thru -097); matters involving Maxim
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`Integrated Products, Inc. (CBM2014-00038 thru -041, -00177 thru -
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`00180); matters involving Solocron Media, LLC (IPR2015-00387 thru
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`-00392, -00349 thru -00350, -00342, -00364, -00376, -00380, -
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`00383); Nissan North America, Inc. v. Diamond Coating
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`Technologies, LLC (IPR2014-01545 thru -01548); Hyundai Motor
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`America, Inc. et al. v. Diamond Coating Technologies, LLC
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`(IPR2014-01549, -01553); and Intel Corp. v. Future Link Systems
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`LLC (IPR2016-01398, IPR2016-01401 and IPR2016-1402).
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`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 3
`IPR2017-00114, Kingston Tech. Co. v. Polaris Innovations Ltd.
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`11.
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`I plan to submit a declaration and application, concurrent with this
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`application, to appear pro hac vice in four other matters IPR2016-
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`01621 thru -01623, and IPR2017-00116 filed by Petitioner in this
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`matter against Patent Owner in this matter.
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`12.
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`I am also admitted to appear pro hac vice in the currently pending
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`matters Intel Corp. v. Future Link Systems, LLC, IPR2016-01398,
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`IPR2016-01401 and IPR2016-01402. I applied to appear pro hac vice
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`in the related case Intel Corp. v. Future Link Systems, LLC, IPR2016-
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`01400, but before my application was ruled upon, institution of review
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`in that case was denied. Id.; see IPR2016-01400, Paper 8 (P.T.A.B.
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`Jan. 10, 2017) (decision denying institution).
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`13.
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`I was admitted to appear pro hac vice by this Board in the former
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`matters Microsoft Corp. v. IpLearn Focus, LLC, IPR2015-00095, -
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`00097, in each of which I participated actively from beginning to end,
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`took testimony and defended witnesses in deposition, and presented
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`argument at the oral hearing. See IPR2015-00095, Exs. 2010 & 2030
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`(deposition transcripts) & Paper 32 (oral hearing); IPR2015-00097,
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`Exs. 2008 & 2030 (deposition transcripts) & Paper 32 (oral hearing).
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`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 4
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`14. Other than matters identified in ¶¶ 11-13, supra, I have not applied to
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`appear pro hac vice in any other proceedings before the U.S.P.T.O. in
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`the last three years.
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`15.
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`I have an established familiarity with the subject matter at issue in this
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`proceeding. I have reviewed the Patent at issue, U.S. Patent No.
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`7,206,978, as well as four other patents for which Petitioner has filed
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`a Petition for Inter Partes Review against Patent Owner (U.S. Patent
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`Nos. 6,850,414, 7,315,454, 6,438,057, and 7,334,150). I have also
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`reviewed the Petitions and the relevant art in the five proceedings. In
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`addition, I materially participated in drafting of the Patent Owner
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`Preliminary Responses in all five proceedings and, am therefore,
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`intimately familiar with the factual and legal issues in these matters.
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`16.
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`I have a power of attorney from Patent Owner that has been made of
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`record in this proceeding. See Paper 4.
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`//
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`//
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`//
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`//
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`//
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`Polaris Innovations Ltd. Exhibit 2003
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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.
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`__________________________________
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`Nathan Nobu Lowenstein
`Lowenstein & Weatherwax LLP
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`Date: February 16, 2017
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`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 6
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