`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`KAWASAKI RAIL CAR, INC.
`Petitioner,
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`v.
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`SCOTT BLAIR,
`Patent Owner.
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`Case No. IPR2017-01036
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`Patent No. 6,700,602
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`Issue Date: March 2, 2004
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`Title: Subway TV Media System
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`DECLARATION OF MARK A. CHAPMAN
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`1
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`KAWASAKI-1033
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`I, Mark A. Chapman, declare as follows:
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`1.
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`This declaration is given in support of Petitioner Kawasaki Rail Car, Inc.’s
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`Motion for Pro Hac Vice Admission of Mark A. Chapman under 37 C.F.R.
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`§ 42.10(c).
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`2.
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`I am a partner at the law firm Andrews Kurth Kenyon LLP, where my
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`practice focuses on patent-related matters, and in particular, patent litigation
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`in a variety of technical fields.
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`3.
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`If admitted pro hac vice in this matter, I will serve as back up counsel with
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`Sheila Mortazavi, also of the law firm Andrews Kurth Kenyon LLP. Ms.
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`Mortazavi is lead counsel and is a registered practitioner.
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`4.
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`I have over 15 years of experience in the field of patent law. My practice
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`focuses on patent litigation in district courts around the country, appeals at
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`the Federal Circuit, and Patent Office proceedings, such as reexaminations
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`and inter partes review proceedings.
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`5.
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`The proceedings before the Patent Office for which I have applied to appear
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`pro hac vice in the last three years are as follows:
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`a. Inter Partes Review Case No. IPR2015-01838
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`b. Inter Partes Review Case No. IPR2016-00291
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`c. Inter Partes Review Case No. IPR2016-00292
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`d. Inter Partes Review Case No. IPR2016-00293
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`e. Inter Partes Review Case No. IPR2016-01382
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`f. Inter Partes Review Case No. IPR2017-00117
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`g. Inter Partes Review Case No. IPR2017-00336
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`h. Inter Partes Review Case No. IPR2017-00347
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`i. Inter Partes Review Case No. IPR2017-00353
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`j. Inter Partes Review Case No. IPR2017-00355
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`k. Inter Partes Review Case No. IPR2017-00357
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`6.
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`I am a member in good standing of the New York Bar. I have not had any
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`application denied for admission to practice, nor have I been sanctioned,
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`cited for contempt, suspended or disbarred from practice, before any court or
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`administrative body.
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`7.
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`I am familiar with the subject matter of this proceeding. In particular:
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`a. I have reviewed the subject U.S. Patent No. 6,700,602 (Ex. 1001).
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`b. I have also reviewed the Petition (Paper No. 2), the prior art
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`references at issue (Exs. 1005, 1009, 1011, 1021, 1025, 1026, 1028),
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`and the declaration and supplemental declaration of Petitioner’s expert
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`(Exs. 1015, 1029).
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`c. I have also reviewed the Patent Owner’s Preliminary Response (Paper
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`No. 6), the Board’s Institution Decision (Paper No. 10), the Patent
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`Owner’s Response (Paper No. 15), and the declarations and
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`supplemental declaration of Patent Owner’s experts (Exs. 2002, 2006,
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`2007).
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`d. I have also reviewed the transcript of the deposition of Petitioner’s
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`expert (Ex. 2008).
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`e. I have also discussed the strategy, arguments and evidence in this
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`proceeding with Ms. Mortazavi. Based on my patent litigation
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`experience, I am very familiar with the legal theories at issue in this
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`case.
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`f. In addition, I have also applied for pro hac vice admission to appear in
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`Petitioner’s co-pending proceeding against Patent Owner, Inter Partes
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`Review Case No. IPR 2017-00117, in which a trial has been instituted
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`against additional claims of the same patent at issue in this
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`proceeding. I have discussed the strategy, arguments and evidence in
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`that related proceeding with Ms. Mortazavi as well.
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`8.
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`Given my familiarity with the subject matter of this proceeding, I have
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`experience and expertise important to representing Petitioner in this matter.
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`9.
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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 37 C.F.R.
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`4
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`10.
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`I have read and will comply with and be subject to the United States Patent
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`and Trademark Office Rules of Professional Conduct set forth in 37 C.F.R.
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`§§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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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.
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`Dated: January 5, 2018
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`Mark A. Chapman
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`5
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