`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AXIS COMMUNICATIONS AB, CANON, INC., AND CANON U.S.A., INC.,
`Petitioners,
`
`v.
`
`AVIGILON FORTRESS CORPORATION
`Patent Owner.
`
`Case IPR2019-00235
`Patent No. 7,868,912
`
`DECLARATION OF MICHAEL W. DE VRIES IN SUPPORT OF
`UNOPPOSED MOTION TO APPEAR PRO HAC VICE ON BEHALF OF
`PATENT OWNER AVIGILON FORTRESS CORPORATION
`
`
`
`
`
`
`
`
`
`
`AVIGILON EX. 2001
`IPR2019-00235
`Page 1 of 6
`
`
`
`
`
`I, Michael W. De Vries, do hereby declare:
`1.
`I am a partner in the law firm Kirkland & Ellis LLP. Lead counsel in this
`
`
`
`inter partes review proceeding is Eugene Goryunov, who is a partner in the
`
`law firm Kirkland & Ellis LLP, and is registered to practice before the PTO
`
`and holds Registration No. 61,579. With respect to this proceeding, I will
`
`work closely with Mr. Goryunov.
`
`2.
`
`I hold a Bachelor of Arts degree in Political Science and English from the
`
`University of California at Berkley. I hold a Juris Doctor degree from the
`
`University of California, Berkeley School of Law, and hold a Certificate in
`
`Law and Technology from the Berkeley Center for Law & Technology.
`
`3.
`
`I have more than 17 years of experience as a litigation attorney who
`
`specializes in patent litigation and represents clients in patent litigation
`
`matters in various United States District Courts, the Court of Appeals for the
`
`Federal Circuit, and before the International Trade Commission. My
`
`experience includes several matters related to computer systems and
`
`networked communications technologies, and I have particular experience
`
`relevant to the technological and legal matters at issue in this proceeding. I
`
`am, therefore, an experienced patent litigation attorney with particular
`
`expertise that is pertinent to this proceeding. Avigilon Fortress Corporation
`
`AVIGILON EX. 2001
`IPR2019-00235
`Page 2 of 6
`
`
`
`(“Avigilon”) desires, and have a need, to be represented in certain aspects of
`
`these proceedings by an experienced patent litigation attorney who has
`
`particular expertise that is relevant to the issues in this proceeding.
`
`
`
`4.
`
`I have also led efforts to educate attorneys at Kirkland & Ellis LLP about the
`
`Inter Partes Review procedures and have participated in preparing multiple
`
`Inter Partes Review petitions.
`
`5.
`
`I am very familiar with U.S. Patent No. 7,868,912, and with the legal
`
`subject matter, technical subject matter, and prior art discussed in
`
`Avigilon’s Request for Inter Partes Review of U.S. Patent No. 7,868,912,
`
`which forms the basis for this proceeding.
`
`6.
`
`I am a member in good standing of the Bar of the State of California. I am
`
`admitted to practice before the United States District Court for the Eastern
`
`District of Texas, the United States District Court for the Eastern District of
`
`California, the United States District Court for the Eastern District of
`
`California, the United States District Court for the Northern District of
`
`California, the United States District Court for the Central District of
`
`California, the United States District Court for the Southern District of
`
`California, the United States District Court of Colorado, the United States
`
`District Court for the Eastern District of Michigan, the United States Court of
`
`AVIGILON EX. 2001
`IPR2019-00235
`Page 3 of 6
`
`
`
`Appeals for the Federal Circuit, and the United States Court of Appeals for
`
`
`
`the Eleventh Circuit.
`
`7.
`
`I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`8.
`
`I have never had a court or administrative body deny my application for
`
`admission to practice.
`
`9.
`
`I have never been sanctioned or cited for contempt by any court or
`
`administrative body.
`
`10.
`
`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.
`
`11.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`12.
`
`In the past 3 years, I was admitted pro hac vice as counsel for before the
`
`PTAB in the following actions:
`
`Inter Partes Reviews IPR2014-01457, IPR2014-01458, IPR2014-01459,
`IPR2015-01052, IPR2015-01053, and IPR2015-01054 as counsel for Biscotti
`concerning a Real Time Video Communications System.
`
`Inter Partes Reviews IPR2015-00999 and IPR2015-01001 as counsel for
`Cisco Systems, Inc. concerning Admissions Control In A Connectionless
`Communications Network, and Providing Media Communication Across
`AVIGILON EX. 2001
`IPR2019-00235
`Page 4 of 6
`
`•
`
` •
`
`
`
`
`
`Firewalls, respectively.
`
`
`
`Inter Partes Reviews IPR2016-01398, IPR2016-01401, and IPR2016-01402
`as counsel for Intel Corp. concerning Security Processor With Bus
`Configuration, Performance Based Packet Ordering In A PCI Express Bus,
`and Method For Effecting The Controlled Shutdown Of Data Processing
`Units, respectively.
`
`Inter Partes Review IPR2016-01434 as counsel for Oracle Corporation
`concerning an Apparatus For Distributing Content Objects To A Personalized
`Access Point Of A User Over A Network-Based Environment And Method.
`
`Inter Partes Review IPR2017-00609, IPR2017-00610, and IPR2017-00616 as
`counsel for LivePerson, Inc. concerning Integrated Chat Client With Calling
`Party Choice; Interaction Management; And Method and Apparatus for
`Intelligent Routing of Incoming Calls to Representatives in a Call Center,
`respectively.
`
`Inter Partes Review IPR2018-00320 as counsel for Sierra Wireless, Inc.
`concerning Method and Devices for the Transmission of Data with
`Transmission Error Checking.
`
`Inter Partes Reviews IPR2017-02183, IPR2018-00128, IPR2018-00176 as
`counsel for Motorola Solutions, Inc. concerning concerning a Method of
`Efficiently Synchronizing to a Desired Timeslot in a Time Division Multiple
`Access Communication System.
`
`Inter Partes Review IPR2018-01268 as counsel for Avigilon Patent Holding 1
`Corp. concerning a Method and System for Programmable Camera for
`Configurable Security and Surveillance Systems.
`
` •
`
`
`
` •
`
`
`
` •
`
`
`
` •
`
`
`
`•
`
`•
`
`13.
`
`I 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;
`AVIGILON EX. 2001
`IPR2019-00235
`Page 5 of 6
`
`
`
`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 Section 1001 of Title 18 of the United States
`
`Code and that such willful false statements may jeopardize the validity of
`
`
`
`U.S. Patent No. 7,868,912.
`
`
`
` Date: January 9, 2019
`
`
`
`
`
`Respectfully submitted,
`
` /s/ Michael W. De Vries
`Michael W. De Vries, P.C.
`KIRKLAND & ELLIS LLP
`333 South Hope St.
`Los Angeles, CA 90071
`Telephone: 213-680-8400
`Facsimile: 213-680-8500
`michael.devries@kirkland.com
`
`
`AVIGILON EX. 2001
`IPR2019-00235
`Page 6 of 6
`
`