`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`WALMART INC.; Z-SHADE CO., LTD.;
`COSTCO WHOLESALE CORPORATION;
`LOWE’S HOME CENTERS, LLC; and
`SHELTERLOGIC CORP.
`Petitioner
`
`v.
`
`CARAVAN CANOPY INTERNATIONAL, INC.
`Patent Owner
`_________________
`
`Case IPR2020-01026
`Patent No. 5,944,040
`_________________
`
`DECLARATION OF WILLIAM J. BROWN, JR.
`IN SUPPORT OF PRO HAC VICE MOTION
`
`
`
`
`
`1
`
`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
`
`
`
`
`
`
`
`Declaration of William J. Brown, Jr.
`
`I, William J. Brown, Jr., declare as follows:
`
`1.
`
`I am a partner in the law firm of Brown Wegner LLP, with offices
`
`located at 2010 Main Street, Suite 1260, Irvine, California 92614, which has been
`
`retained by Petitioner Lowe’s Home Centers, LLC (“Lowe’s”), in this inter partes
`
`review proceeding. Lead counsel for Petitioner is David A. Reed, who is a partner
`
`in the law firm of Kilpatrick Townsend & Stockton LLP. Mr. Reed is registered to
`
`practice before the United State Patent and Trademark Office and holds
`
`Registration No. 61,226. With respect to this proceeding, I will work closely with
`
`Mr. Reed.
`
`2.
`
`I am an experienced litigating attorney and have an established
`
`familiarity with the subject matter at issue in this proceeding. In particular, I have
`
`approximately 23 years of experience as a patent litigator and have represented
`
`clients in numerous patent litigation cases in various United States District Courts
`
`and the Court of Appeals for the Federal Circuit, including for example:
`
`Enfish LLC v. Microsoft Corporation, et al., No. 2:2012cv07360, C.D.
`
`Cal.
`
`Lamina Packaging Innovations, LLC v. LAFCO Enterprises, Inc., No.
`
`1:2012cv05225, S.D.N.Y.
`
`Fountain, Inc. v. XS Scuba, Inc., et al., No. 5:2015cv04214, N.D. Cal.
`
`
`
`2
`
`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
`
`
`
`
`
`Anu IP, LLC v. ViewSonic Corporation, No. 2:2012cv00243, E.D.
`
`Tex.
`
`Legends, Inc. v. The Upper Deck Co Inc., et al., No. 4:2009cv03463,
`
`S.D. Tex.
`
`Secure Cam, LLC v. VOXX Accessories Corporation, No.
`
`1:2018cv01922, S.D. Ind.
`
`Goldfinch Design Studio, LLC, et al. v. Collectors Universe, Inc., et
`
`al., No. 3:2020cv02542, Dist. NJ
`
`Spellbound Development Group, Inc. v. Pacific Handy Cutter, Inc., et
`
`al., No. 8:2009cv00952, C.D. Cal.; Fed. Cir. 2012-1573, -1574.
`
`3.
`
`I have an established familiarity with U.S. Patent 5,944,040 (“the ’040
`
`patent”), the patent at issue in this proceeding, and with the legal subject matter,
`
`technical subject matter, and prior art discussed in Lowe’s request for inter partes
`
`review of the '040 patent, being lead counsel for Petitioner Lowe’s in the patent
`
`infringement civil action, Caravan Canopy Int’l, Inc. v. Lowe’s Home Centers,
`
`LLC et al., 2:19-cv-06952 (C.D. Cal. Aug. 9, 2019), where the same patent that is
`
`the subject of this inter partes review proceeding, the ’040 patent, is asserted
`
`against Lowe’s. Lowe’s has a need for the same attorney to represent it in both the
`
`related PTAB and district court proceedings for many reasons, including, avoiding
`
`inconsistency in evidence and arguments, efficiency in avoiding actions that may
`
`
`
`3
`
`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
`
`
`
`
`
`cause unnecessary work or result in admissions, reliability of actual work product
`
`documents, and continuity of case-related information.
`
`4.
`
`I am a member in good standing of the Bar of State of California and
`
`am admitted to practice in the following Federal Courts:
`
`United States Supreme Court
`
`United States Court of Appeals for the Federal Circuit
`
`United States Court of Appeals for the Ninth Circuit
`
`Unites States Court of Appeals for the Armed Forces
`
`U.S. District Court for the Central District of California
`
`U.S. District Court for the Northern District of California
`
`U.S. District Court for the Eastern District of California
`
`U.S. District Court for the Southern District of California
`
`U.S. District Court for the District of Colorado
`
`U.S. District Court for the Eastern District of Texas
`
`U.S. District Court for the Southern District of Indiana.
`
`
`
`5.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`6.
`
`None of my applications for admission to practice before any court or
`
`administrative body has ever been denied.
`
`
`
`4
`
`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
`
`
`
`
`
`7.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`8.
`
`I have never been sanctioned or cited for contempt by any court or
`
`administrative body.
`
`9.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in Part 42 of Title 37 of
`
`the Code of Federal Regulations.
`
`10.
`
`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).
`
`11.
`
`I have appeared in no other proceedings before the Office in the last
`
`three (3) years.
`
`I 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 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.
`
`Executed on June 14, 2021 at Irvine, California.
`
`
`
`
`
` /William J. Brown Jr./
`William J. Brown, Jr.
`
`
`
`
`
`5
`
`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
