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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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`APPLE INC.,
`Petitioner,
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`v.
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`LBT IP I, LLC,
`Patent Owner.
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`REVISED DECLARATION OF BRIAN S. SEAL IN SUPPORT OF
`PATENT OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION PURSUANT TO 37 C.F.R. § 42.10(C)
`IN IPR’S IPR2020-01189, -01190, -01191, -01192, AND -01193
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`1. My name is Brian S. Seal. I am over 18 years of age and competent to
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`provide this declaration in support of Patent Owner’s Motion for Pro Hac Vice
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`Admission.
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`2. I am a member in good standing of the Bar of the District of Columbia, the
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`U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the
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`Federal Circuit, and the Supreme Court of the United States.
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`3. I have never been suspended or disbarred from practicing before any court
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`or administrative body.
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`LBT IP I LLC EX. 3003
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`4. I have never been denied admission to practice before any court or
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`administrative body.
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`5. No court or administrative body has ever imposed any sanctions or
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`contempt citations against me.
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`6. I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`7. I will be subject to the USPTO Rules of Professional Conduct set forth in
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`37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`8. I have not applied to appear pro hac vice in any other Office proceedings
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`in the last three years.
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`9. I am an experienced patent litigator. I am a shareholder in the firm of Butzel
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`Long PC with over 20 years of experience representing clients in patent and
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`technology-related litigation, including matters involving similar technology to that
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`at issue in this proceeding. I have litigated patent matters through trial and appeal
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`and have argued complex claim construction and invalidity issues in numerous
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`district court proceedings.
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`10. I am also familiar with the specific subject matter of this proceeding. I am
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`lead counsel for Patent Owner in the related district court litigation on the patent at
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`LBT IP I LLC EX. 3003
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`issue in this inter partes review (“IPR”), U.S. Patent No. 8,497,774 (“’774 Patent”).
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`As such, I have spent considerable time reviewing and analyzing the ’774 Patent.
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`11. My admission pro hac vice will allow Patent Owner to avoid unnecessary
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`effort and expense in this proceeding.
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`12. I am subject to the Protective Order in the district court proceeding that
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`includes a prosecution bar for any attorneys who have had access to Apple’s
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`confidential information, including source code. See Apple Ex. 1073 at 6(b). The
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`Protective Order expressly allows attorneys who had access to Apple’s confidential
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`information to participate in IPR proceedings, provided that they do not participate
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`“in drafting or amending claims.” Id.
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`13. Prior to the stay of the district court litigation, Apple produced a limited
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`amount of confidential information and no source code. To the best of my
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`recollection, and confirmed by a review of my time entries, I have not had access to
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`that confidential information and thus am not barred by the Protective Order from
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`participating in any aspect of the IPR, including claim amendments. Out of an
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`abundance of caution, however, I have not participated and am not participating in
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`any claim amendments in this IPR or in any other related IPR.
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`14. The undersigned being hereby warned that willful false statements and
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`the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C.
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`LBT IP I LLC EX. 3003
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`§1001, and that such willful false statement may jeopardize the validity of this
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`document, declares that he is properly authorized to execute this document on behalf
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`of the owner, and all statements made of his own knowledge are true and all
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`statements made on information and belief are believed to be true.
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`Date: June 4, 2021
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`/s/ Brian S. Seal
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`LBT IP I LLC EX. 3003
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