UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TIDE INTERNATIONAL (USA), INC.,
`Petitioner,
`
`v.
`
`UPL NA INC.,
`Patent Owner.
`
`Case IPR2020-01113
`Patent 7,473,685
`
`DECLARATION OF BAILEY K. BENEDICT IN SUPPORT OF
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`
`1
`
`TIDE 1038
`Tide v. UPL NA
`IPR2020-01113
`
`

`

`Proceeding No.: IPR2020-01113
`Attorney Docket: 49321-0001IP1
`DECLARATION OF BAILEY K. BENEDITC IN
`SUPPORT OF PETITIONER’S MOTION FOR PRO HAC
`VICE ADMISSION
`
`I, Bailey K. Benedict, hereby declare the following:
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`I am a member in good standing of the state Bar of Texas, as well as the
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`
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`1.
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`U.S. Court of Appeals for the Federal Circuit; U.S. District Court for the Eastern
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`District of Texas; U.S. District Court for the Southern District of Texas; and U.S.
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`District Court for the Western District of Texas.
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`2.
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`I have not been suspended or disbarred from practice before any court or
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`administrative body.
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`3.
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`I have never had an application for admission to practice before any court or
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`administrative body denied.
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`4.
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`No sanction or contempt citation has been imposed against me by any court
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`or administrative body.
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`5.
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`I have read and will comply with the Office Patent Trial Practice Guide, as
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`updated by the August 2018 Updated, 83 Federal Register 39,989 (Aug. 13, 2018)
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`and the Board’s Rules of Practice for Trials set forth in part 42 of Title 37 of the
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`Code of Federal Regulations.
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`6.
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`I will be subject to the USPTO Rules of Professional Conduct set forth in 37
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`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`2 
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`

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`Proceeding No.: IPR2020-01113
`Attorney Docket: 49321-0001IP1
`I have not applied to appear pro hac vice before the Office in any other
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`7.
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`proceedings during the past three years.
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`8.
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`I am an experienced litigation attorney with more than 8 years of experience
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`representing clients in patent cases with a particular focus on chemicals, oil-and-
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`gas technology and equipment for exploration, drilling, and production, and
`
`consumer goods. I have also litigated patent cases relating to software,
`
`pharmaceuticals, and 3D printing. I regularly litigate patent cases in various
`
`forums including the United States Court of Appeals for the Federal Circuit and
`
`federal district courts. Through my experience in patent litigation matters, I have
`
`represented clients in many phases of litigation including discovery, Markman
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`hearings, jury trials, bench trials, and appeals. My biography is attached hereto as
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`Exhibit A.
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`9.
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`I am serving as litigation counsel for Petitioner in the co-pending litigation
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`against Patent Owner in the Central District of California. My role in the case has
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`been to use my education and background in chemical engineering to focus on the
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`relevant technical issues.
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` hereby declare that all statements made herein of my own knowledge are true and
`
` I
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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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` 
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`3 
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`

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`Proceeding No.: IPR2020-01113
`Attorney Docket: 49321-0001IP1
`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 and that such willful false
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`statements may jeopardize the validity of the application or any patents issued
`
`thereon.
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`
`
`
`Date: April 26, 2021
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`
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`
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`Respectfully submitted,
`
`/Bailey K. Benedict/
`Bailey K. Benedict
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (713) 654-5300
`Email: BWH@fr.com
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`4 
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`APPENDIX A
`APPENDIX A
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`5
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`

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`4/22/2021
`
`Bailey K. Benedict | IP Attorney - Houston, TX | Fish
`
`Stay up to date with COVID-19 related news here
`
`Bailey K. Benedict
`Principal
`
` Houston, TX
`
` Download Bio
`
`
`
`
`
` 713-654-5331
`  benedict@fr.com
`
`
`
`Overview
`
`Insights
`
`Recognition
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`
`
`
`
`About Bailey
`Bailey Benedict is a principal in the Houston office of Fish & Richardson P.C. Ms.
`Benedict’s practice focuses on all areas of intellectual property litigation in U.S. district
`courts, with a particular focus on patent and trademark litigation. She also has
`experience in trade secret litigation, as well as representing realtors in litigation under
`the False Claims Act.
`
`Ms. Benedict has litigated in a wide variety of technology areas in U.S. district courts
`nationwide, with a particular focus on chemicals, oil-and-gas technology and
`equipment for exploration, drilling, and production, and consumer goods.  She has
`also litigated patent cases relating to software, pharmaceuticals, and 3D printing.  Ms.
`Benedict has led claim construction hearings and motion hearings in the Southern
`District of Texas, the Western District of Texas, and the Central District of California.
`She has taken cases to trial in the District of Delaware, the Middle District of Georgia,
`and the Eastern District of Texas. Ms. Benedict has worked extensively with clients
`and fact witnesses to develop cases and prepare for trial, has worked closely with
`both technical and damages expert witnesses to oversee expert reports and
`testimony, has conducted and defended many depositions, and has managed
`complex discovery.  Ms. Benedict’s experience also includes a number of appeals
`before the Federal Circuit, and one Supreme Court appeal.
`
`Ms. Benedict’s practice focuses on providing efficient, high quality service to clients
`with a particular eye toward adhering to budgets and achieving the goals most
`important to each individual client, be that a litigation win, a favorable settlement, or
`something in between.  She has negotiated many advantageous settlements for her
`clients, both in a formal mediation process and through less formal negotiations with
`opposing counsel. She also has significant experience with multi-defendant litigation,
`
`Focus Areas
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`Services
`Litigation
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`Industries
`Chemicals
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`Energy and Petrochemical
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`Life Sciences
`
`Manufacturing
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`Medical Devices
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`Education
`
`J.D., University of Texas at Austin School of Law
`(2012) Symposium Editor, Texas Intellectual
`Property Law Journal (2011-2012)
`
`B.S. cum laude, Chemical Engineering with
`emphasis in Nanotechnology, minor in Musical
`Theater, University of Southern California (2009)
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`Admissions
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`Texas 2012
`
`U.S. Court of Appeals for the Federal Circuit
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`https://www.fr.com/team/bailey-k-benedict/
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`4/22/2021
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`Bailey K. Benedict | IP Attorney - Houston, TX | Fish
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`large joint defense groups, and smaller multi-defendant opportunities that allow
`clients to benefit from cost sharing.
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`Bailey also devotes her time to pro bono matters, including working with KIND (Kids
`In Need of Defense) to help children remain in the U.S. legally.
`
`U.S. District Court for the Eastern District of
`Texas
`
`U.S. District Court for the Southern District of
`Texas
`
`U.S. District Court for the Western District of
`Texas
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`© 2021 - Fish & Richardson
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`https://www.fr.com/team/bailey-k-benedict/
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