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`
`Case IPR2020-00202
`Declaration of Michael L. Lindinger
`
`
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`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MAXELL, LTD.,
`Patent Owner
`_______________
`
`Case: IPR2020-00202
`
`U.S. Patent No. 10,212,586
`_______________
`
`
`
`
`
`DECLARATION OF MICHAEL L. LINDINGER
`
`
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`1
`
`Apple v. Maxell
`IPR2020-00202
`Maxell Ex. 2030
`Page 1 of 4
`
`

`

`
`
`Case IPR2020-00202
`Declaration of Michael L. Lindinger
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`
`
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`
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`I, Michael L. Lindinger, do hereby declare as follows:
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`1.
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`I am member in good standing of the Illinois and District of Columbia
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`State Bars, and I am admitted to practice in the Courts of Appeals for the Seventh
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`and Federal Circuits and the Northern District of Illinois, District of the District of
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`Columbia, Southern District of Texas, Eastern District of Wisconsin.
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`2.
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`I am counsel at the firm of Mayer Brown LLP. I have been a litigator
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`of patent cases for more than 13 years. I have litigated numerous high-tech,
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`consumer goods-related patent cases and have regularly entered appearances as
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`counsel of record in patent cases during this time.
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`3.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`4.
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`I have not had an application to practice before any court or
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`administrative body denied.
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`5.
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`I have had no sanctions or contempt citations imposed against me by
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`any court or administrative body.
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`6.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in 37 C.F.R. § 42.
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`7.
`
`I agree to be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.F.R. §§ 11.101 et seq., and to disciplinary jurisdiction under 37
`
`
`
`2
`
`Apple v. Maxell
`IPR2020-00202
`Maxell Ex. 2030
`Page 2 of 4
`
`

`

`
`
`Case IPR2020-00202
`Declaration of Michael L. Lindinger
`
`C.F.R. §11.19(a).
`
`
`
`
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`
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`8.
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`I have not applied to appear pro hac vice in any other proceedings
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`before the Office in the last three (3) years. I am concurrently applying to appear
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`pro hac vice in IPR2020-00200 and IPR2020-00204.
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`9.
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`I have significant familiarity with the subject matter at issue in this
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`proceeding based on his work as an attorney having made an appearance in the
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`pending district court case Maxell, Ltd. v. Apple Inc., Case No. 5:19-cv-00036-
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`RWS (E.D. Tex.), which involves a variety of smartphone/tablet functionalities,
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`including the functionality that is at issue in this proceeding.
`
`10.
`
`I have been actively involved in all aspects of this pending district
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`court case, including the validity of U.S. Patent No. 10,212,586, and accordingly,
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`have gained substantive knowledge of the patent-at-issue in this proceeding, its
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`prosecution, and the cited prior art. I also have substantive knowledge of the
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`patent-at-issue in this proceeding by virtue of his preparation for this proceeding.
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`11.
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`I hereby declare under penalty of perjury under the laws of the United
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`States of America that the foregoing is true and correct, and that all statements
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`made of my own knowledge are true and that all statements made on information
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`and belief are believed to be true. I understand that willful false statements are
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`punishable by fine or imprisonment or both. See 18 U.S.C. § 1001.
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`
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`3
`
`Apple v. Maxell
`IPR2020-00202
`Maxell Ex. 2030
`Page 3 of 4
`
`

`

`
`
`
`
`By:___________________________
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`
`
`Case IPR2020-00202
`Declaration of Michael L. Lindinger
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`
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`
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`Dated:
`
`March 4, 2021
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`4
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`Apple v. Maxell
`IPR2020-00202
`Maxell Ex. 2030
`Page 4 of 4
`
`

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