`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NFL ENTERPRISES LLC,
`Petitioner
`
`v.
`
`OPENTV, INC.,
`Patent Owner
`
`CASE: IPR2017-02092
`Patent No. 6,233,736 B1
`
`Before PATRICK E. BAKER, Trial Paralegal.
`
`DECLARATION OF HILARY L. PRESTON IN SUPPORT OF
`MOTION TO APPEAR PRO HAC VICE
`
`I, Hilary L. Preston, declare as follows:
`
`1.
`
`I am a Partner with the law firm of Vinson & Elkins LLP. I have
`
`personal knowledge of the following facts, except those stated on information and
`
`belief, which I believe to be true. If called to testify, I could and would testify
`
`competently to the contents hereof.
`
`NFLE 1026 - Page 1
`
`
`
`Case IPR2017-02092
`Patent 6,233,736
`
`Pro Hac Order, Part 2 (b)(i) – Membership in Good Standing of a State Bar:
`
`2.
`
`I am a member in good standing of the Bars of the State of New York
`
`and the State of Texas.
`
`Pro Hac Order, Part 2 (b)(ii) – No Suspension or Disbarments:
`
`3.
`
`I have not been suspended or disbarred from practice before any court
`
`or administrative body.
`
`Pro Hac Order, Part 2 (b)(iii) – No Application for Admission Denied:
`
`4.
`
`I have not been denied on any application to practice before any court
`
`or administrative body.
`
`Pro Hac Order, Part 2 (b)(iv) – No Sanctions or Contempt Citations:
`
`5.
`
`I have not been sanctioned or cited for contempt by any court or
`
`administrative body.
`
`Pro Hac Order, Part 2 (b)(v) -- Compliance with Rules:
`
`6.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`Pro Hac Order, Part 2 (b)(vi) – Subject to Professional Responsibility Rules
`
`and Jurisdiction:
`
`7.
`
`I will be subject to the USPTO Code of Professional Responsibility
`
`set forth in 37 C.F.R. §§ 11.101 et seq., and disciplinary jurisdiction under 37
`
`C.F.R. § 11.19(a).
`
`NFLE 1026 - Page 2
`
`
`
`Case IPR2017-02092
`Patent 6,233,736
`
`Pro Hac Order, Part 2 (b)(vii) – Other Proceedings Before the Office:
`
`8.
`
`I have not appeared pro hac vice in any other proceedings before the
`
`Office.
`
`Pro Hac Order, Part 2 (b)(viii) – Familiarity with the Subject Matter:
`
`9.
`
`I have familiarity with the subject matter at issue in the proceeding
`
`because I have over 10 years of experience in litigating patent suits, I have litigated
`
`patent validity issues in federal court on many occasions, and because I represent
`
`the Petitioner in the related proceeding Nagravision SA and OpenTV, Inc. v. NFL
`
`Enterprises LLC, No. 2:17-cv-3919-AB-SK, filed in the U.S. District Court for the
`
`Central District of California, concerning U.S. Patent Nos. 7,996,861, 7,421,729,
`
`7,028,327, 7,950,033, 7,055,169, 7,020,888, 6,233,736, and 6,154,172, and
`
`represented the Petitioner in OpenTV, Inc. v. NFL Enterprises LLC, No. 2:17-cv-
`
`00031-JRG-RSP filed in the U. S. District Court for the Eastern District of Texas
`
`where the Patent Owner previously asserted the ’736 Patent and then voluntarily
`
`dismissed that action on May 24, 2017.
`
`I hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under 18 U.S.C. § 1001 and that such willful false statements may jeopardize the
`
`validity of the application or any patent issued thereon. I hereby acknowledge that
`
`NFLE 1026 - Page 3
`
`
`
`any willful false statement made in this declaration is punishable under 18 U.S.C.
`
`§ 1001 by fine or imprisonment of not more than five (5) years, or both.
`
`Case IPR2017-02092
`Patent 6,233,736
`
`Executed on March 28, 2018, at New York, NY.
`
`US 5557763
`
`/Hilary L. Preston/
`Hilary L. Preston
`
`NFLE 1026 - Page 4
`
`
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