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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`
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`RUIZ FOOD PRODUCTS, INC.,
`
`Petitioner,
`
`v.
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`MACROPOINT LLC,
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`Patent Owner.
`
`__________
`
`Case IPR2017-02016
`U.S. Patent No. 8,275,358 B1
`__________
`
`
`DECLARATION OF KYLE. B FLEMING IN SUPPORT OF
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
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`
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`
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`I, KYLE B. FLEMING, declare as follows:
`
`IPR2017-02016
`U.S. Patent No. 8,275,358
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`1.
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`I am a member in good standing of the Bar of the State of California,
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`the Bar of the State of Ohio, and the Bar of the State of New York, as well as
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`permanently admitted to, and in good standing with, the following Federal Courts:
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`A.
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` U.S. Court of Appeals for the Second Circuit
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`B. U.S. Court of Appeals for the Sixth Circuit
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`C. U.S. Court of Appeals for the Ninth Circuit
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`D. U.S. Court of Appeals for the Eleventh Circuit
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`E.
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`F.
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`U.S. Court of Appeals for the Federal Circuit
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`U.S. District Courts for the Northern, Central and Southern
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`Districts of California
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`G. U.S. District Courts for the Southern and Eastern Districts of
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`New York
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`H. U.S. District Courts for the Northern and Southern Districts of
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`Ohio
`
`I.
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`J.
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`U.S. District Courts for the Northern and Central Districts of
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`Illinois
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`U.S. District Court for the Eastern District of Michigan
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`K. U.S. District Court for the Eastern District of Wisconsin
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`
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`Exhibit 2006
`Page 1
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`
`
`
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`L.
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`U.S. District Court for the District of Colorado
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`2.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`3.
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`I have never been denied an application for admission to practice
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`before any court or administrative body.
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`4.
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`I have never had imposed against me sanctions or contempt citations
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`by any court or administrative body.
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`5.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`6.
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`I will be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 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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`7.
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`Other than contemporaneously filing a Motion for Pro Hac Vice
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`Admission in the related proceeding (IPR2017-2018), I have not previously
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`applied to appear pro hac vice in any proceedings before the PTAB in the last three
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`(3) years.
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`8.
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`I have substantial familiarity with the subject matter at issue in this
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`proceeding, specifically U.S. Patent No. 8,275,358 (and U.S. Patent No. 9,429,659
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`
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`Exhibit 2006
`Page 2
`
`
`
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`in related IPR2017-2018) and the prior art cited in the Petition. My familiarity is
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`based on the following.
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`9.
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`I have been involved in representing Patent Owner with respect to the
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`’358 patent and related patents since 2015. I was first involved in analyzing and
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`counselling the Patent Owner with respect to the related patents asserted in
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`MacroPoint, LLC v. FourKites, Inc., Case No. 1:15-cv-01002 (N.D. Ohio) and the
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`subsequent invalidity challenges thereto.
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`10.
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`I have also been involved in analyzing, evaluating and counselling the
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`Patent Owner specifically regarding the ’358 and ’659 patents as these patents are
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`being asserted against Petitioner in an infringement action pending in the Eastern
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`District of Texas, MacroPoint, LLC v. Ruiz Food Products, Inc., Case. No. 6:16-
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`cv-01133-RWS-KNM, and were also the subject of another action titled FourKites,
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`Inc. v. MacroPoint, LLC, Case No. 1-16-cv-02703 (N.D. Ohio). Although I did not
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`make a formal appearance in those cases (nor did other members of my Firm), I
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`was involved in working with Patent Owner and litigation counsel in material
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`aspects of these related actions.
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`11.
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`In addition, and with respect to these inter partes review proceedings,
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`I have been heavily involved in analyzing the Petitions and the asserted prior art
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`and Exhibits, including Petitioner’s expert’s declaration. I have been extensively
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`
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`Exhibit 2006
`Page 3
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`
`
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`involved in all aspects of these proceedings, including meeting with Patent Owner
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`and Patent Owner’s expert. I was materially and substantially involved in drafting
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`and preparing Patent Owner’s Preliminary Responses, Patent Owner’s Responses,
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`the Motion to Amend and related amended claims; and in the discovery taken thus
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`far.
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`12. A current copy of my CV is submitted herewith.
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`13.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and all statements made on information and belief are believed
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`to be true, and further that these statements were made with the knowledge that
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`willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
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`
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`Date: August 30, 2018
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`Respectfully submitted,
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`
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`
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`Kyle B. Fleming
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`
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`Exhibit 2006
`Page 4
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`
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