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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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`____________________
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`APPLE INC.,
`Petitioner
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`v.
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`UNILOC LUXEMBOURG S.A.,
`Patent Owner
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`____________________
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`Case IPR2017-02202
`Patent No. 8,239,852
`____________________
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`DECLARATION OF LUANN L. SIMMONS IN SUPPORT OF
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION PURSUANT
`TO 37 C.F.R. §42.10(C)
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`APPLE 1113
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`IPR2017-02202
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`1.
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`I, Luann L. Simmons, declare as follows:
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`I am a Partner with the law firm of O’Melveny & Myers LLP. I represent
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`and advise Petitioner Apple Inc. (“Apple”) in connection with the above-captioned
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`inter partes review (“IPR”) proceeding on the patent at issue in this IPR, U.S.
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`Patent No. 8,239,852 (“the ’852 Patent”).
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`2.
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`I have been a member in good standing of the Bar of the State of California
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`since 1999. My California State Bar number is 203526. I am also admitted to
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`practice before numerous state and federal courts, including:
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`a. US Supreme Court (admitted March 2003);
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`b. US Court of Appeals, Federal Circuit (admitted April 2003);
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`c. US Court of Appeals, Ninth Circuit (admitted January 2000);
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`d. US District Court, California Central (admitted March 2003);
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`e. US District Court, California Eastern (admitted June 2000);
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`f. US District Court, California Northern (admitted December 1999);
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`g. US District Court, California Southern (admitted September 2010); and
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`h. US District Court, Wisconsin Western (admitted December 2007).
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`3.
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`I have over 18 years of experience practicing patent and technology related
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`litigation. I have litigated numerous patent cases across the country, including in
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`California, Delaware, Oregon, Wisconsin, and Texas, and litigated many of them
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`through both trial and appeal.
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`1
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`APPLE 1113
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`IPR2017-02202
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`4.
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`I am familiar with the subject matter at issue in this proceeding. I have
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`supervised and been actively involved in the present IPR proceeding regarding the
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`’852 Patent. I have reviewed the patent and the prior art being asserted in this IPR
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`proceeding.
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`5. Moreover, I have advised Petitioner on strategy regarding Petitioner’s
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`affirmative arguments in this IPR proceeding, supervised the drafting of the
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`petition, reviewed the accompanying Declaration of Mr. Geier, and worked with
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`Petitioner to find and identify the references relied upon in the petition and to draft
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`other submissions to the Office.
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`6.
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`I have represented clients in connection with many patent litigations
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`regarding technology similar to that at issue in this IPR.
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`7.
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`Specifically, I have been lead counsel for Petitioner in district court
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`litigations involving technology similar to that at issue in this IPR, which relates
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`generally to software security systems, such as OpenTV, Inc. and Nagravision, SA
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`v. Apple Inc., Case No. 3:14-cv-01622-HSG (N.D. Cal.). I have also been counsel
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`pro hac vice for Petitioner in Board proceedings involving similar technologies.
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`8.
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`I have not been suspended or disbarred from practice before any court or
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`administrative body. I have never had an application for admission to practice
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`before any court or administrative body denied. No sanction or contempt citation
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`has been imposed against me by any court or administrative body.
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`APPLE 1113
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`IPR2017-02202
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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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`10.
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`I agree to and will be subject to the USPTO Rules of Professional Conduct
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`set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37
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`C.F.R. § 11.19(a).
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`11.
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`I have applied to, and was admitted to, appear pro hac vice before the Board
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`in the following proceedings in the last three years:
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`• IPR2015-00971;
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`• IPR2015-00980;
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`• IPR2015-00969;
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`• IPR2015-01031.
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`12.
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`I have pending motions for pro hac vice admission in IPR proceeding Nos.
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`2017-01914, 2017-01993, and 2017-02041, which involve patents asserted by the
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`Patent Owner of the ’852 Patent in the same co-pending district court litigation
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`(Uniloc USA, Inc. et al. v. Apple Inc., No. 2:17-cv-258-JRG (E.D. Texas)).
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`13.
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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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`I further declare that these statements were made with the knowledge that willful
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`false statements and the like so made are punishable by fine or imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code and that such
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`APPLE 1113
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`willful false statements may jeopardize the validity of the application or any
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`IPR2017-02202
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`patents issued thereon.
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`Date: November 7, 2017
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`Respectfully submitted,
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`/s/ Luann L. Simmons
`Luann L. Simmons
`O’Melveny & Myers LLP
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`4
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`APPLE 1113
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