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AFFIDAVIT OF GABRIEL R. GERVEY IN SUPPORT OF
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`I, Gabriel R. Gervey, being duly sworn and upon oath, hereby attest to the
`
`following:
`
`1.
`
`I am a member in good standing of the Bar of the States of Texas, and
`
`the Eastern and Western Districts of Texas.
`
`2.
`
`I have not been suspended or disbarred from practice before any court
`
`or administrative body, except as described in Addendum A, attached hereto.
`
`3.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`4.
`
`No sanction or contempt citation has been imposed against me by any
`
`court or administrative body.
`
`5.
`
`I have read and will comply with the United States Patent and
`
`Trademark Office (“Office”) Patent Trial Practice Guide and the Patent Trial and
`
`Appeal Board (“Board”) Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`6.
`
`I agree to be subject to the Office’s 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). I also agree to be subject to the Office’s Rules of Professional Conduct as
`
`set forth in Changes to Representation of Others Before the United States Patent and
`
`1
`
`IPR2019-00604
`KOM - EXHIBIT 2005
`
`

`

`Trademark Office; Final Rule, 78 Fed. Reg. 20180 (Apr. 3, 2013) (effective May 3,
`
`2013).
`
`7.
`
`In the last three (3) years, I have not applied to appear pro hac vice in
`
`any other proceedings before the Board other than in IPR2019-00591, IPR2019-
`
`00592, and IPR2019-00594.
`
`8.
`
`I am an experienced litigation attorney, with experience with complex
`
`litigation in both state and federal court. I am familiar with the subject matter at
`
`issue in this proceeding, including the prior art on which the Petitioners rely and U.S.
`
`Patent Nos. 7,536,524 (“the ’524 Patent”). I have also reviewed the pertinent issues
`
`of claim construction that have been briefed in this proceeding.
`
`9.
`
`I have represented Patent Owner KOM Software, Inc. in the civil action
`
`KOM Software, Inc. v. NetApp., Inc., 1:18-cv-00160 (D. Del.) and KOM Software,
`
`Inc. v. Hewlett Packard Enterprise Company, 1:18-cv-00159 (D. Del.) in which the
`
`’524 Patent has been asserted.
`
`10.
`
`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 are 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.
`
`
`
`
`
`
`
`2
`
`

`

`
`
`
`
`
`
`
`
`/s/ Gabriel R. Gervey
`Gabriel R. Gervey
`DiNovo Price LLP
`7000 North MoPac Expressway
`Suite 350
`Austin, Texas 78731
`Tel: 512-539-2642
`Fax: 512-539-2627
`ggervey@dinovoprice.com
`
`Date: March 25, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`Gabriel R. Gervey - Partner
`
`Mr. Gervey’s practice focuses on antitrust and intellectual property litigation.
`
`At DiNovo Price, Mr. Gervey has represented consumers in direct and indirect
`purchaser antitrust class actions. As a former Assistant Attorney General in both the
`Texas and Minnesota Offices of the Attorney General, Mr. Gervey investigated and
`prosecuted matters involving price-fixing, customer allocation, bid-rigging, and
`monopolization. He also engaged in extensive merger enforcement. Mr. Gervey’s
`experience includes antitrust matters related to high-technology consumer products,
`software, transportation, biotechnology, healthcare, pharmaceuticals, agriculture,
`finance, and telecommunications. He has considerable experience working with
`economic experts, including presenting econometric evidence at an antitrust trial.
`
`Mr. Gervey served as lead trial counsel for the 33 Plaintiff States in State of Texas v.
`Penguin Group (USA) Inc. (tried as to liability concurrently with United States v. Apple),
`an enforcement action to remedy price-fixing in the market for trade e-books.
`
`Mr. Gervey’s intellectual property experience includes patent and trade secret
`enforcement matters, primarily in the software and telecommunications industries.
`
`Mr. Gervey previously clerked for the Honorable Susan Richard Nelson on the United
`States District Court for the District of Minnesota from 2006-2007.
`
`For more information:
`https://www.dinovoprice.com/Gabriel-Gervey
`
`EDUCATION
`
`University of Wisconsin,
`Madison (J.D., cum laude,
`Order of the Coif, 2006)
`
`University of British Columbia
`(B.A. Honors, Economics,
`2000)
`
`CONTACT
`512-539-2642
`ggervey@dinovoprice.com
`
`

`

`Addendum A
`Gervey Motion to Appear Pro Hac Vice before the Patent Trial and Appeal Board
`
`
`From June 2011-September 2014, roughly, my license for the State of Minnesota was suspended
`only for nonpayment of dues. From December 2012 - September 2014, roughly, my license for the
`State of Wisconsin was also suspended only for nonpayment of dues. During those times, I was
`serving as an Assistant Attorney General for the State of Texas, where I maintained an active
`license, and did not practice in either jurisdiction - nor did I intend to practice in either jurisdiction.
`When I returned to private practice in 2014, I quickly restored both licenses to non-suspended
`status.
`
`Please do not hesitate to contact me if you have any questions or would like any additional
`information.
`
`
`
`

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