`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`FIRSTFACE CO., LTD.,
`
`Patent Owner.
`
`____________
`
`Case IPR2019-01011
`
`U.S. Patent No. 9,633,373
`
`____________
`DECLARATION OF SCOTT MCKEOWN IN SUPPORT OF
`THE PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 9,633,373
`
`
`
`I, Scott McKeown, make the following Declaration pursuant to 28 U.S.C.
`
`§ 1746:
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`1.
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`I am a partner at the law firm of Ropes & Gray LLP and counsel to
`
`Petitioner in the above-identified proceeding and related proceedings filed on April
`
`24, 2019.
`
`Apple Ex. 1038
`Apple Inc. v. Firstface Co., Ltd.
`IPR2019-01011
`Page 00001
`
`
`
`2.
`
`I provide this Declaration in connection with the above-identified
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`Inter Partes Review proceeding that is being requested at the United States Patent
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`and Trademark Office (“USPTO”) by Apple Inc. Unless otherwise stated, the facts
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`stated in this Declaration are based on my personal knowledge.
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`3.
`
`On January 23, 2019, a petition for Inter Partes Review 2019-00613
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`was filed to challenge claims 1-2, 4-6 and 11-14 of U.S. Patent 9,633,373, which
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`was intended to address all of the claims asserted against Petitioner in a related
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`litigation, styled as Case No. 18-cv-2245 (N.D. Cal.). That petition inadvertently
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`omitted dependent claims 10 and 18.
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`4.
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`The omission of claims 10 and 18 from IPR2019-00613 was solely a
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`result of my misidentification of the asserted claims in Case No. 18-cv-2245.
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`5.
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`Petitioner first learned of this omission on April 12, 2019 and
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`immediately and diligently prepared the accompanying petition on claims 10 and
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`18, which is concurrently filed herewith.
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`6.
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`I hereby declare that all statements made herein of my own
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`knowledge are true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. § 1001. If called to testify as to the
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`truth of the matters stated herein, I could and would testify competently.
`
`
`
`
`-2-
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`IPR2019-01011 Page 00002
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`
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`7.
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`I declare under penalty of perjury that the foregoing is true and
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`correct.
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`Executed this 24th day of April, 2019, in Washington, D.C.
`
`
`
`
`
`
`/Scott A. McKeown/
`Scott A. McKeown
`
`-3-
`
`IPR2019-01011 Page 00003
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`