`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`PRECISION PLANTING, LLC and AGCO CORP.
`Petitioners
`
`v.
`
`DEERE & COMPANY
`Patent Owner
`
`__________________________________________________
`
`Case No. IPR2019-01050
`U.S. Patent No. 9,807,922
`__________________________________________________
`
`
`DECLARATION OF HEATH A. BROOKS IN SUPPORT OF MOTION
`FOR ADMISSION PRO HAC VICE
`
`
`
`
`IPR2019-01050
`PRECISION PLANTING v. DEERE
`EXHIBIT 1042
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2019-01050
`U.S. Patent No. 9,807,922
`Petitioners’ Exhibit No. 1042
`Declaration of Heath A. Brooks in Support of
`Motion for Admission Pro Hac Vice
`
`
`
`I, Heath A. Brooks, declare as follows:
`1.
`I am a special counsel at the law firm of Wilmer Cutler Pickering
`
`Hale and Dorr LLP in Washington, DC.
`
`2.
`
`I have been practicing law for over fifteen years. My practice during
`
`that time has focused on intellectual property litigation, and particularly, patent
`
`litigation.
`
`3.
`
`I am a member in good standing of the Bar of the District of Columbia
`
`(Bar No. 490335) and the Bar of the State of New York (Bar No. 4197422). I am
`
`also admitted to practice before the United States Court of Appeals for the Federal
`
`Circuit, the United States Court of Appeals for the Sixth Circuit, and the United
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`States District Court for the Eastern District of Wisconsin.
`
`4.
`
`I have gained experience with Patent Office rules, regulations, and
`
`procedures by litigating cases involving issues of claim construction, allegations of
`
`inequitable conduct, prosecution history disclaimer, and other issues for which
`
`review of a patent’s prosecution history is critical.
`
`5.
`
`I have never been suspended or disbarred by any court or
`
`administrative body.
`
`2
`
`
`
`Case No. IPR2019-01050
`U.S. Patent No. 9,807,922
`Petitioners’ Exhibit No. 1042
`Declaration of Heath A. Brooks in Support of
`Motion for Admission Pro Hac Vice
`
`6.
`
`I have never had a court or administrative body deny my application
`
`
`
`
`for admission to practice.
`
`7.
`
`I have never been sanctioned or cited for contempt by any court or
`
`administrative body.
`
`8.
`
`I have read and will comply with Office Patent Trial Practice Guide
`
`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of 37 C.F.R.
`
`9.
`
`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).
`
`10.
`
`I have appeared pro hac vice in the following proceedings before the
`
`United States Patent and Trademark Office in the last three years: IPR2017-00349
`
`(Limelight Networks, Inc. v. Akamai Technologies), IPR2017-00249 (Limelight
`
`Networks, Inc. v. Akamai Technologies), IPR2016-01894 (Limelight Networks, Inc.
`
`v. Akamai Technologies), IPR2016-01711 (Limelight Networks, Inc. v. Akamai
`
`Technologies), and IPR2016-01631 (Limelight Networks, Inc. v. Akamai
`
`Technologies).
`
`11.
`
`I am familiar with the subject matter at issue in these proceedings. I
`
`have reviewed the papers and exhibits filed in these proceedings. I also
`
`3
`
`
`
`Case No. IPR2019-01050
`U.S. Patent No. 9,807,922
`Petitioners’ Exhibit No. 1042
`Declaration of Heath A. Brooks in Support of
`Motion for Admission Pro Hac Vice
`
`
`
`participated in drafting the Petitions for Inter Partes Review and Petitioners’
`
`Replies in these proceedings and have reviewed Patent Owner’s Preliminary
`
`Responses and Patent Owner’s Responses filed in these proceedings.
`
`12.
`
`I am representing the Petitioners, AGCO Corporation and Precision
`
`Planting, LLC, in the following United States District Court case: Deere &
`
`Company v. AGCO Corporation and Precision Planting, LLC, C.A. No. 18-827
`
`(CFC) (D. Del.) (Consolidated), which involves the patents at issue in these
`
`proceedings, as well as the prior art references at issue in these proceedings. This
`
`case is currently stayed pending resolution of the above-captioned Inter Partes
`
`Review proceeding.
`
`13.
`
`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 are punishable by fine, imprisonment, or
`
`both, under Section 1001 of Title 18 of the United States Code.
`
`
`
`
`
`4
`
`
`
`Case No. IPR2019-01050
`U.S. Patent No. 9,807,922
`Petitioners’ Exhibit No. 1042
`Declaration of Heath A. Brooks in Support of
`Motion for Admission Pro Hac Vice
`
`Respectfully Submitted,
`
`
`/Heath A. Brooks/
`
`
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`Heath.Brooks@wilmerhale.com
`Tel.: 202-663-6973
`Fax: 202-663-6363
`
`
`
`
`Dated: May 19, 2020
`
`5
`
`
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