`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`FIRSTFACE CO., LTD.,
`
`Patent Owner.
`
`____________
`
`Case IPR2019-01012
`
`U.S. Patent No. 9,779,419
`
`____________
`DECLARATION OF SCOTT MCKEOWN IN SUPPORT OF
`THE PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 9,779,419
`
`
`
`I, Scott McKeown, make the following Declaration pursuant to 28 U.S.C.
`
`§ 1746:
`
`1.
`
`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.
`IPR2019-01012
`Page 00001
`
`
`
`2.
`
`I provide this Declaration in connection with the above-identified
`
`Inter Partes Review proceeding that is being requested at the United States Patent
`
`and Trademark Office (“USPTO”) by Apple Inc. Unless otherwise stated, the facts
`
`stated in this Declaration are based on my personal knowledge.
`
`3.
`
`On January 23, 2019 a petition for Inter Partes Review 2019-00614
`
`was filed to challenge claims 1-4, 6-7, 10-13, and 15-17 of U.S. Patent 9,779,419,
`
`which was intended to address all of the claims asserted against Petitioner in a
`
`related litigation, styled as Case No. 18-cv-2245 (N.D. Cal.). That petition
`
`inadvertently omitted dependent claim 9.
`
`4.
`
`The omission of claim 9 from IPR2019-00614 was solely a result of
`
`my misidentification of the asserted claims in Case No. 18-cv-2245.
`
`5.
`
`Petitioner first learned of this omission on April 12, 2019 and
`
`immediately and diligently prepared the accompanying petition on claim 9, which
`
`is concurrently filed herewith.
`
`6.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are 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. If called to testify as to the
`
`truth of the matters stated herein, I could and would testify competently.
`
`
`
`
`-2-
`
`IPR2019-01012 Page 00002
`
`
`
`7.
`
`I declare under penalty of perjury that the foregoing is true and
`
`correct.
`
`Executed this 24th day of April, 2019, in Washington, D.C.
`
`
`
`
`
`
`/Scott A. McKeown/
`Scott A. McKeown
`
`-3-
`
`IPR2019-01012 Page 00003
`
`
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