`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________
`
`GUARDIAN ALLIANCE TECHNOLOGIES, INC.
`Petitioner
`
`v.
`
`__________________
`
`TYLER MILLER,
`Patent Owner
`
`__________________
`
`Case No. IPR2020-00031
`Patent No. 10,043,188
`Issued: August 7, 2018
`Application No.: 14/721,707
`Filed: May 26, 2015
`Title: BACKGROUND INVESTIGATION MANAGEMENT SERVICE
`
`__________________
`
`
`DECLARATION OF EVAN W. TALLEY IN SUPPORT OF
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION PURSUANT
`TO 37 C.F.R. § 42.10(C)
`
`
`
`GUARDIAN EXHIBIT 1034
`Guardian Alliance Technologies, Inc. v. Miller
`
`
`
`
`
`1.
`
`I, Evan W. Talley, declare as follows:
`
`I am a senior attorney with the law firm of Dunlap Codding, P.C. I advise
`
`Petitioner Guardian Alliance Technologies, Inc. (“Petitioner”) in connection with
`
`the above-captioned inter partes review (“IPR”) proceeding involving U.S. Patent
`
`No. 10,043,188 (“the ’188 Patent”). I am one of the primary attorneys for Petitioner’s
`
`indemnitee, the City of Oklahoma City, Oklahoma, in the related district court
`
`litigation (Miller Mendel, Inc. et al. v. The City of Oklahoma City, Case No. 5:18-
`
`cv-00990-JWD (W.D. Okla.)), involving the ’188 Patent.
`
`2.
`
`I have been a member in good standing of the Bar of the State of Oklahoma
`
`since 2010. My Oklahoma State Bar Number is 22923. I have also been a member
`
`in good standing of the Bar of the State of Illinois since 2018. My Illinois ARDC
`
`Number is 6326128. I am also admitted to practice before numerous federal courts,
`
`including:
`
`a. U.S. Court of Appeals, Federal Circuit (admitted November 2018);
`
`b. U.S. Court of Appeals, Tenth Circuit (admitted March 2017);
`
`c. U.S. District Court, Eastern Oklahoma (admitted November 2014);
`
`d. U.S. District Court, Western Oklahoma (admitted November 2014); and
`
`e. U.S. District Court, Northern Illinois (admitted November 2018).
`
`3.
`
`I have approximately ten years of experience in patent and complex,
`
`1
`
`
`GUARDIAN EXHIBIT 1034
`Guardian Alliance Technologies, Inc. v. Miller
`
`
`
`technology-related litigation. I have been involved in litigating numerous patent
`
`cases across the country, including in U.S. District Courts in Oklahoma, California,
`
`Texas, Illinois, Ohio, and Minnesota, such
`
`involvement
`
`including claim
`
`construction, trial, and/or appeal. In several of these cases, I have been responsible
`
`for litigating, briefing, and arguing complex claim construction and invalidity issues.
`
`4.
`
`I am familiar with the subject matter at issue in this proceeding. I have been
`
`actively involved in the present IPR proceeding regarding the ’188 Patent. I have
`
`reviewed the ’188 Patent, the Patent Owner’s infringement positions, and the prior
`
`art being asserted in this IPR proceeding.
`
`5.
`
`Further, I have advised Petitioner on strategy regarding Petitioner’s
`
`affirmative arguments in this IPR proceeding, supervised the drafting of the Petition,
`
`and worked with Petitioner and third parties to find and identify the prior art relied
`
`on in the Petition and to draft and prepare other submissions to the Office.
`
`6.
`
`I have not been suspended or disbarred from practice before any court or
`
`administrative body. I have never had an application for admission to practice before
`
`any court or administrative body denied. No sanction or contempt citation has been
`
`imposed against me by any court or administrative body.
`
`7.
`
`I have read and will comply with the Office Patent Trial Practice Guide and
`
`the Board’s Rules for Practice for Trials set forth in part 42 of 37 C.F.R.
`
`2
`
`
`GUARDIAN EXHIBIT 1034
`Guardian Alliance Technologies, Inc. v. Miller
`
`
`
`8.
`
`I will agree to and will be subject to the USPTO 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).
`
`9.
`
`I have not previously applied for pro hac vice admission before the Board.
`
`However, I have been involved in the preparation of submissions in the following
`
`IPR proceedings:
`
`• IPR2016-00593;
`
`• IPR2016-00594;
`
`• IPR2019-00668;
`
`• IPR2019-00669; and
`
`• IPR2019-00672.
`
`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. I
`
`further declare 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
`
`statements may jeopardize the validity of the application or any patents issued
`
`thereon.
`
`
`
`
`3
`
`
`GUARDIAN EXHIBIT 1034
`Guardian Alliance Technologies, Inc. v. Miller
`
`
`
`Date: February 21, 2020
`
`Respectfully submitted,
`
`a 7
`
`Evan W. Talley
`Dunlap Codding, P.C.
`
`‘
`
`
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