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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
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`WALMART INC.; Z-SHADE CO., LTD.;
`COSTCO WHOLESALE CORPORATION;
`LOWE’S HOME CENTERS, LLC; and
`SHELTERLOGIC CORP.
`Petitioner
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`v.
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`CARAVAN CANOPY INTERNATIONAL, INC.
`Patent Owner
`_________________
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`Case IPR2020-01026
`Patent No. 5,944,040
`_________________
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`DECLARATION OF WILLIAM J. BROWN, JR.
`IN SUPPORT OF PRO HAC VICE MOTION
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`1
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`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
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`Declaration of William J. Brown, Jr.
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`I, William J. Brown, Jr., declare as follows:
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`1.
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`I am a partner in the law firm of Brown Wegner LLP, with offices
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`located at 2010 Main Street, Suite 1260, Irvine, California 92614, which has been
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`retained by Petitioner Lowe’s Home Centers, LLC (“Lowe’s”), in this inter partes
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`review proceeding. Lead counsel for Petitioner is David A. Reed, who is a partner
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`in the law firm of Kilpatrick Townsend & Stockton LLP. Mr. Reed is registered to
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`practice before the United State Patent and Trademark Office and holds
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`Registration No. 61,226. With respect to this proceeding, I will work closely with
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`Mr. Reed.
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`2.
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`I am an experienced litigating attorney and have an established
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`familiarity with the subject matter at issue in this proceeding. In particular, I have
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`approximately 23 years of experience as a patent litigator and have represented
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`clients in numerous patent litigation cases in various United States District Courts
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`and the Court of Appeals for the Federal Circuit, including for example:
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`Enfish LLC v. Microsoft Corporation, et al., No. 2:2012cv07360, C.D.
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`Cal.
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`Lamina Packaging Innovations, LLC v. LAFCO Enterprises, Inc., No.
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`1:2012cv05225, S.D.N.Y.
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`Fountain, Inc. v. XS Scuba, Inc., et al., No. 5:2015cv04214, N.D. Cal.
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`2
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`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
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`Anu IP, LLC v. ViewSonic Corporation, No. 2:2012cv00243, E.D.
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`Tex.
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`Legends, Inc. v. The Upper Deck Co Inc., et al., No. 4:2009cv03463,
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`S.D. Tex.
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`Secure Cam, LLC v. VOXX Accessories Corporation, No.
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`1:2018cv01922, S.D. Ind.
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`Goldfinch Design Studio, LLC, et al. v. Collectors Universe, Inc., et
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`al., No. 3:2020cv02542, Dist. NJ
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`Spellbound Development Group, Inc. v. Pacific Handy Cutter, Inc., et
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`al., No. 8:2009cv00952, C.D. Cal.; Fed. Cir. 2012-1573, -1574.
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`3.
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`I have an established familiarity with U.S. Patent 5,944,040 (“the ’040
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`patent”), the patent at issue in this proceeding, and with the legal subject matter,
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`technical subject matter, and prior art discussed in Lowe’s request for inter partes
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`review of the '040 patent, being lead counsel for Petitioner Lowe’s in the patent
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`infringement civil action, Caravan Canopy Int’l, Inc. v. Lowe’s Home Centers,
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`LLC et al., 2:19-cv-06952 (C.D. Cal. Aug. 9, 2019), where the same patent that is
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`the subject of this inter partes review proceeding, the ’040 patent, is asserted
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`against Lowe’s. Lowe’s has a need for the same attorney to represent it in both the
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`related PTAB and district court proceedings for many reasons, including, avoiding
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`inconsistency in evidence and arguments, efficiency in avoiding actions that may
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`3
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`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
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`cause unnecessary work or result in admissions, reliability of actual work product
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`documents, and continuity of case-related information.
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`4.
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`I am a member in good standing of the Bar of State of California and
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`am admitted to practice in the following Federal Courts:
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`United States Supreme Court
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`United States Court of Appeals for the Federal Circuit
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`United States Court of Appeals for the Ninth Circuit
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`Unites States Court of Appeals for the Armed Forces
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`U.S. District Court for the Central District of California
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`U.S. District Court for the Northern District of California
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`U.S. District Court for the Eastern District of California
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`U.S. District Court for the Southern District of California
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`U.S. District Court for the District of Colorado
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`U.S. District Court for the Eastern District of Texas
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`U.S. District Court for the Southern District of Indiana.
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`5.
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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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`6.
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`None of my applications for admission to practice before any court or
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`administrative body has ever been denied.
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`4
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`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
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`7.
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`I have never had a court or administrative body deny my application
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`for admission to practice.
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`8.
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`I have never been sanctioned or cited for contempt by any court or
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`administrative body.
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`9.
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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 Part 42 of Title 37 of
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`the Code of Federal Regulations.
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`10.
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`I agree to be subject to the United States Patent and Trademark Office
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`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`11.
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`I have appeared in no other proceedings before the Office in the last
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`three (3) years.
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`I declare that all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true, and
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`further that these statements were made with the knowledge that willful, false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`Executed on June 14, 2021 at Irvine, California.
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` /William J. Brown Jr./
`William J. Brown, Jr.
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`5
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`Petitioner’s Exhibit 1023
`Patent 5,944,040
`IPR2020-01026
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