`Andrea Electronics Corporation
`By: William D. Belanger (Lead Counsel)
`
`belangerw@pepperlaw.com
`
`Frank D. Liu (Back-up Counsel)
`
`liuf@pepperlaw.com
`
`Paper No. ____
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`ANDREA ELECTRONICS CORPORATION,
`Patent Owner.
`
`_________________
`
`Case IPR2017-00626
`Patent 6,363,345
`_________________
`
`
`DECLARATION OF ANDREW P. ZAPPIA IN SUPPORT OF PATENT
`OWNER’S MOTION FOR PRO HAC VICE ADMISSION
`
`
`#57357827
`
`
`EX 2008
`Apple v Andrea
`IPR2017-00626
`
`
`
`Pursuant to 37 C.F.R. § 1.68, I, Andrew P. Zappia, attest to the following:
`
`1.
`
`I am a partner at Pepper Hamilton LLP, counsel for Patent Owner
`
`IPR2017-00626 (Patent 6,363,345)
`Declaration of Andrew P. Zappia
`
`
`
`
`
`
`Andrea Electronics Corporation.
`
`
`
`2.
`
`I am a member in good standing of the Bar of the State of New York
`
`and the Bar of the District of Columbia, and I am admitted to practice in the
`
`following Federal Courts:
`
`a. United States Court of Appeals for the Federal Circuit;
`
`b. United States Court of Appeals for the Second Circuit;
`
`c. United States District Court for the Western District of New York;
`
`d. United States District Court for the Eastern District of New York;
`
`e. United States District Court for the Southern District of New York;
`
`f. United States District Court for the Northern District of New York;
`
`g. United States District Court for the District of Columbia;
`
`h. United States District Court for the District of Maryland;
`
`i. United States District Court for the District of North Dakota; and
`
`j. United States District Court for the Eastern District of Texas.
`
`
`
`3.
`
`I have not been suspended or disbarred from practice before any court
`
`or administrative body.
`
`4.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`
`
`1
`
`
`
`IPR2017-00626 (Patent 6,363,345)
`Declaration of Andrew P. Zappia
`
`
`
`5.
`
`I have never had sanctions or contempt citations imposed on me by
`
`any court or administrative body imposed against me.
`
`6.
`
`I have read and will comply with the Patent Trial and Appeal Board
`
`Consolidated Trial Practice Guide (November 2019) and the Board’s Rules of
`
`Practice for Trials set forth in Part 42 of Title 37, Code of Federal Regulations.
`
`7.
`
`I will be subject to the USPTO’s Rules of Professional Conduct as set
`
`forth in 37 C.F.R. §§ 11.101 et seq., and to disciplinary jurisdiction under 37
`
`C.F.R. § 11.19(a).
`
`8.
`
`I am an experienced litigation attorney and have been involved in
`
`dozens of patent infringement cases in federal courts across the United States. I
`
`have twenty-three (23) years of litigation experience and twenty-three (23) years of
`
`patent and trademark litigation experience. I have experience in various aspects of
`
`patent infringement matters, including all aspects of litigation leading up to and
`
`including jury trials and bench trials. I have obtained substantial familiarity with
`
`the involved patent, the prior art, and the various issues raised in this proceeding. I
`
`have reviewed the Petition and cited materials and am familiar with the subject
`
`matter involved in this proceeding.
`
`9.
`
`I have been admitted pro hac vice in unrelated Case Nos. IPR2019-
`
`00577, IPR2019-0578, IPR2019-00579, IPR2019-00580, IPR2019-00581,
`
`IPR2019-00582, IPR2019-01311, IPR2019-01312, IPR2019-01359, IPR2019-
`
`
`
`2
`
`
`
`IPR2017-00626 (Patent 6,363,345)
`Declaration of Andrew P. Zappia
`
`
`01360, IPR2019-01361, IPR2019-01220, IPR2019-01221, IPR2019-01228,
`
`IPR2019-01254, IPR2019-01255, IPR2019-01256, IPR2019-01257, IPR2019-
`
`01262, IPR2019-01513, IPR2019-01515, IPR2019-015158, IPR2019-01520,
`
`IPR2019-01521, IPR2019-01522, IPR2019-01636, and IPR2019-01637.
`
`10.
`
`I have also put in a limited appearance on behalf of a non-party in
`
`related matter In re Certain Audio Processing Hardware, Software, and Products
`
`Containing the Same, United States International Trade Commission, Inv. No. 337-
`
`TA-1026.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Dated: March 30, 2020
`
`Respectfully submitted,
`
`
`
`
`
`
`
`Andrew P. Zappia
`PEPPER HAMILTON LLP
`70 Linden Oaks, Suite 210
`Rochester, New York 14625
`Tel: (585) 270-2104
`Fax: (585) 270-2179
`Email: zappiaa@pepperlaw.com
`
`3
`
`
`
`
`
`
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