`U.S. Patent No. 5,954,781
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNIFIED PATENTS, INC.,
`Petitioner
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`v.
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`VELOCITY PATENT, LLC,
`Patent Owner
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`____________
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`Case IPR2017-01723
`U.S. Patent 5,954,781
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`____________
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`EXHIBIT 2001
`DECLARATION OF JAMES A. SHIMOTA IN SUPPORT OF
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE
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`IPR2017-01723
`U.S. Patent No. 5,954,781
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` I, James A. Shimota, declare as follows:
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`1. I am a member in good standing of the Bar for the State of Illinois, the U.S.
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`Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Sixth
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`Circuit, and U.S. District Court for the Northern District of Illinois.
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`2. I have been litigating patent cases for eighteen years, and have litigated
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`patent proceedings in the Northern District of Illinois, Eastern District of
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`Texas, Eastern District of Virginia, Northern and Central Districts of
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`California, Eastern District of Wisconsin, Northern District of Ohio, Eastern
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`District of Pennsylvania, Districts of Delaware and Massachusetts, and the
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`International Trade Commission, including arguing motions for summary
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`judgment on validity issues and disputed claim terms at Markman hearings.
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`3. I have never been suspended, disbarred, sanctioned or cited for contempt by
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`any court or administrative body.
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`4. I have never had a court or administrative body deny my application for
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`admission to practice.
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`5. No sanctions or contempt citations have been imposed upon me 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 for in part 42 of the Code of
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`Federal Regulations.
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`IPR2017-01723
`U.S. Patent No. 5,954,781
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`7. I agree to be subject to the United States Patent and Trademark Office’s
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`Rules of Professional Conduct which took effect on May 3, 2013, and all
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`other applicable rules and procedures.
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`8. In the past three (3) years, I have not appeared pro hac vice in any
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`proceedings before the United States Patent and Trademark Office.
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`9. I am familiar with the subject matter at issue in this proceeding. I am lead
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`counsel for Patent Owner in the underlying district court proceedings:
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`Velocity Patent LLC v. Mercedes-Benz USA, LLC, Mercedes-Benz U.S.
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`International, Inc., No. 1:13-cv-08413 (N.D. Ill. 2013) and Velocity Patent
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`LLC v. FCA US LLC, No. 1:13-cv-08419 (N.D. Ill. 2013). Additionally, I
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`was lead counsel in three related cases involving the challenged patent that
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`have settled: Velocity Patent LLC v. Audi of America, Inc., et al., No. 1:13-
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`cv-08418 (N.D. Ill. 2013), as well as litigation in the Northern District of
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`Illinois against BMW (Case No. 1:13-cv-08416), and Jaguar Land Rover
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`(Case No. 1:13-cv-08421).
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`10. I have appeared before the judges in the above-identified district court
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`proceedings for conferences and motion hearings, and in the Audi,
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`Mercedes, and FCA cases for summary judgment of invalidity and claim
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`construction hearings for U.S. Patent 5,954,781. In connection with these
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`matters, I have familiarized myself with the patent at issue, its underlying
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`IPR2017-01723
`U.S. Patent No. 5,954,781
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`file history, the background technology, and the prior art references at issue.
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` I declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct.
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`Date: August 15, 2017
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`Respectfully submitted
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`/James A. Shimota/
`HAYNES AND BOONE, LLP
`180 N. LaSalle St., Suite 2215
`Chicago, IL 60601
`Phone: (312) 216-1624
`Fax: (312) 216-1621
`jim.shimota@haynesboone.com
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