`By:
`Justin B. Kimble (JKimble-IPR@bcpc-law.com)
`Bragalone Conroy PC
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`Tel: 214.785.6670
`Fax: 214.786.6680
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FITBIT, INC.,
`Petitioner,
`
`v.
`
`VALENCELL, INC.,
`Patent Owner.
`
`Case IPR2017-003191
`U.S. Patent No. 8,923,941
`
`
`PRO HAC VICE MOTION TO ADMIT ATTORNEY
`JEFFREY R. BRAGALONE PURSUANT TO 37 C.F.R. § 42.10(c)
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`
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`EXHIBIT 2008: DECLARATION OF JEFFREY R. BRAGALONE
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`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`
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`1 Case IPR2017-01555 has been joined with this proceeding.
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`
`
`Case IPR2017-00319
`U.S. Pat. No. 8,923,941
`
`I, Jeffrey R. Bragalone, make the following declaration based on my own
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`personal knowledge and, if called to testify before the court, could and would testify
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`as follows:
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`1. I am a shareholder with the law firm of Bragalone Conroy PC, located at 2200
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`Ross Avenue, Suite 4500-West, Dallas, TX 75201.
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`2. I am a member in good standing of the Texas State Bar.
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`3. I have never been subject to any suspensions or disbarments from practice
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`before any court or administrative body.
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`4. None of my applications for admission to practice before any court or
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`administrative body has ever been denied.
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`5. I have never been sanctioned nor had contempt citations imposed by any court
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`or administrative body.
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`6. 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 37 C.F.R.
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`7. 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.
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`§ 11.19(a).
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`8. During the past six years, I have applied to appear or have appeared pro hac
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`vice before the PTAB in 31 other proceedings, all of which have been granted.
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`In addition, I have appeared pro hac vice in the following proceedings:
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`
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`Case IPR2017-00319
`U.S. Pat. No. 8,923,941
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`IPR2014-00785;
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`IPR2014-00810;
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`IPR2014-00824;
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`IPR2014-00825;
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`CBM2014-00166;
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`IPR2014-01092;
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`IPR2014-01094;
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`IPR2014-01095;
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`IPR2014-01096;
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`IPR2014-01097;
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`IPR2014-01278;
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`IPR2014-01282;
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`IPR2014-01283
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`IPR2014-01357;
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`IPR2014-01359;
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`IPR2014-01362;
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`IPR2015-00153;
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`IPR2015-00155;
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`IPR2015-00156;
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`IPR2015-00487;
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`IPR2015-00506;
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`IPR2015-01666
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`(joined);
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`IPR2015-01717
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`(joined);
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`IPR2015-01866;
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`IPR2015-01867;
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`IPR2015-01868;
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`PGR2016-0044;
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`IPR2016-01123; IPR2016-01220; IPR2016-01362; and CBM2017-00034.
`
`I have familiarity with the subject matter at issue in the proceeding. I have
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`represented Valencell in previous patent litigation, which representation allowed me
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`to become familiar with the subject matter at issue in the proceeding, i.e.,
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`physiological monitoring technology. Specifically, in two cases in the Eastern
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`District of North Carolina. See, e.g., Valencell, Inc. v. Apple, Inc., No. 5:16-cv-00001
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`(E.D. N.C., filed Jan. 4, 2016); see also Valencell, Inc. v. Fitbit, Inc., No. 5:16-cv-
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`00002 (E.D. N.C., filed Jan. 4, 2016). As counsel in those actions, I have become
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`very familiar with the subject matter at issue in this proceeding, e.g., physiological
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`monitoring technology. Furthermore, in those lawsuits, I have developed
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`infringement allegations that assert the patent-at-issue in this proceeding against
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`various products, including, for example watches with heart rate monitoring
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`functionality. In my role as counsel in those litigations, I have spent significant time
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`Case IPR2017-00319
`U.S. Pat. No. 8,923,941
`
`learning about physiological monitoring technology such as that found in the patent-
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`at-issue in this proceeding. Moreover, I have analyzed the prior art involved in this
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`petition as well as in the petitions for related patents.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 14th day of September, 2020.
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`Jeffrey R. Bragalone
`Bragalone Conroy PC
`2200 Ross Ave., Suite 4500-West
`Dallas, TX 75201
`Phone: (214) 785-6670
`Email: jbragalone@bcpc-law.com
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