UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner
`____________
`
`Case IPR2017-00238
`Patent 6,157,589
`____________
`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)
`
`
`
`
`
`
`
`
`
`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 1
`IPR2017-00238, Kingston Tech. Co. v. Polaris Innovations Ltd.
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner
`____________
`
`Case IPR2017-00238
`Patent 6,157,589
`____________
`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)
`
`
`
`
`
`
`
`
`
`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 1
`IPR2017-00238, Kingston Tech. Co. v. Polaris Innovations Ltd.
`
`
`
`I, Nathan Nobu Lowenstein, declare as follows:
`
`1.
`
`2.
`
`I am an attorney licensed to practice law in the State of California.
`
`I am a member in good standing in all jurisdictions where I have been
`
`admitted to practice.
`
`3.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`4.
`
`I have never had an application denied for admission to practice
`
`before any court or administrative body.
`
`5.
`
`I have never had any sanctions or contempt citations imposed upon
`
`me by any court or administrative body.
`
`6.
`
`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 37 C.F.R.
`
`7.
`
`I agree to be subject to the U.S.P.T.O. 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).
`
`8.
`
`9.
`
`I am a partner at the law firm of Lowenstein & Weatherwax LLP.
`
`I have practiced law in California for the past eleven years, and the
`
`majority of my practice has consisted of patent litigation and other
`
`patent related matters such as PTAB litigations. Representative patent
`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 2
`IPR2017-00238, Kingston Tech. Co. v. Polaris Innovations Ltd.
`
`
`
`litigations where I have been actively involved as patent litigation
`
`counsel include Tessera, Inc. v. Micron Technology, Inc. et al., 2:05-
`
`cv-00094-JDL (E.D. Tex.); St. Jude Medical, Inc., et al. v. Access
`
`Closure, Inc., 4:08-cv-04101 (W.D. Ark.); Microprocessor
`
`Enhancement Corp. v. Texas Instruments Inc., 8:08-cv-01123 (C.D.
`
`Cal.); and Quantum World Corp. v. Atmel Corp. et al., 2:07-cv-00024
`
`(E.D. Tex.).
`
`10. My experience in post grant patent proceedings includes drafting
`
`patent owner responses, taking and defending depositions, and
`
`presenting oral arguments before the Board. Representative matters
`
`where I was actively involved include Microsoft Corp. v. IpLearn
`
`Focus, LLC (IPR2015-00095 thru -097); matters involving Maxim
`
`Integrated Products, Inc. (CBM2014-00038 thru -041, -00177 thru -
`
`00180); matters involving Solocron Media, LLC (IPR2015-00387 thru
`
`-00392, -00349 thru -00350, -00342, -00364, -00376, -00380, -
`
`00383); Nissan North America, Inc. v. Diamond Coating
`
`Technologies, LLC (IPR2014-01545 thru -01548); Hyundai Motor
`
`America, Inc. et al. v. Diamond Coating Technologies, LLC
`
`(IPR2014-01549, -01553); and Intel Corp. v. Future Link Systems
`
`LLC (IPR2016-01398, IPR2016-01401 and IPR2016-1402).
`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 3
`IPR2017-00238, Kingston Tech. Co. v. Polaris Innovations Ltd.
`
`
`
`11.
`
`I am admitted to appear pro hac vice in five other matters, IPR2016-
`
`01621 thru -01623, IPR2017-00114, and IPR2017-00116, filed by
`
`Petitioner in this matter against Patent Owner in this matter.
`
`12.
`
`I am also admitted to appear pro hac vice in the currently pending
`
`matters Intel Corp. v. Future Link Systems, LLC, IPR2016-01398,
`
`IPR2016-01401 and IPR2016-01402. I applied to appear pro hac vice
`
`in the related case Intel Corp. v. Future Link Systems, LLC, IPR2016-
`
`01400, but before my application was ruled upon, institution of review
`
`in that case was denied. Id.; see IPR2016-01400, Paper 8 (P.T.A.B.
`
`Jan. 10, 2017) (decision denying institution).
`
`13.
`
`I was admitted to appear pro hac vice by this Board in the former
`
`matters Microsoft Corp. v. IpLearn Focus, LLC, IPR2015-00095, -
`
`00097, in each of which I participated actively from beginning to end,
`
`took testimony and defended witnesses in deposition, and presented
`
`argument at the oral hearing. See IPR2015-00095, Exs. 2010 & 2030
`
`(deposition transcripts) & Paper 32 (oral hearing); IPR2015-00097,
`
`Exs. 2008 & 2030 (deposition transcripts) & Paper 32 (oral hearing).
`
`14. Other than matters identified in ¶¶ 11-13, supra, I have not applied to
`
`appear pro hac vice in any other proceedings before the U.S.P.T.O. in
`
`the last three years.
`
`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 4
`IPR2017-00238, Kingston Tech. Co. v. Polaris Innovations Ltd.
`
`
`
`15.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I have reviewed the Patent at issue, U.S. Patent No.
`
`6,157,589, as well as five other patents for which Petitioner has filed a
`
`Petition for Inter Partes Review against Patent Owner (U.S. Patent
`
`Nos. 6,850,414, 7,315,454, 6,438,057, 7,206,978, and 7,334,150). I
`
`have also reviewed the Petitions and the relevant art in the six
`
`proceedings. In addition, I materially participated in drafting of the
`
`Patent Owner Preliminary Responses in all six proceedings and, am
`
`therefore, intimately familiar with the factual and legal issues in these
`
`matters.
`
`16.
`
`I have a power of attorney from Patent Owner that has been made of
`
`record in this proceeding. See Paper 5.
`
`//
`
`//
`
`//
`
`//
`
`//
`
`//
`
`//
`
`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 5
`IPR2017-00238, Kingston Tech. Co. v. Polaris Innovations Ltd.
`
`
`
`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.
`
`
`
`__________________________________
`
`Nathan Nobu Lowenstein
`Lowenstein & Weatherwax LLP
`
`Date: April 4, 2017
`
`
`
`Polaris Innovations Ltd. Exhibit 2003
`Page 2003 - 6
`IPR2017-00238, Kingston Tech. Co. v. Polaris Innovations Ltd.
`
`
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