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`Entered: December 10, 2020
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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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`LG DISPLAY CO., LTD.,
`Petitioner,
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`v.
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`SOLAS OLED LTD.,
`Patent Owner.
`__________________
`Case IPR2020-01238
` Patent 7,573,068
`__________________
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`DECLARATION OF GABRIEL S. GROSS IN SUPPORT OF
`PETITIONER’S REPLY TO THE PATENT OWNER PRELIMINARY
`RESPONSE
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`LG Display
`Exhibit 1035
`LG Display v. Solas
`IPR2020-01238
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`Ex. 1035-001
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`
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`IPR2020-01238 (USP 7,573,068)
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`I, Gabriel S. Gross, declare as follows:
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`Declaration In Support of
`Reply
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`1.
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`I am an attorney at the firm of Latham & Watkins LLP, counsel of rec-
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`ord for Petitioner LG Display Co., Ltd. (“Petitioner”). I have personal knowledge of
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`the facts set forth in this declaration and, if called as a witness, could and would
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`testify competently to them under oath.
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`2.
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`On May 22, 2020, during the Markman hearing, after consultation with
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`and input from the parties and their counsel, the Court set the trial date in the co-
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`pending district court action involving the ’068 patent for May 17, 2021. Ex. 1037
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`at 106:4-109:9.
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`3.
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`On August 20, 2020, the Court sua sponte changed the trial date and set
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`it for March 29, 2021, without input from the parties or their counsel. Ex. 2004.
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`4.
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`Petitioner promptly informed the Clerk of Court that its lead trial coun-
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`sel, Douglas E. Lumish of Latham & Watkins LLP, has an unmovable conflict with
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`the rescheduled March 29, 2021 trial date. Mr. Lumish is set to begin another trial
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`in the District Court of Tarrant County, Texas, 17th Judicial District, on March 22,
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`2021 in the matter of Cardone Industries, Inc. v. Joel Farina, et al., Cause No. 017-
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`271617-14.
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`5.
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`Upon being advised of this, the Clerk requested that Petitioner revisit
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`the trial date with the Court in late January or early February 2021, and advised
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`Petitioner that he was sure the Court would be happy to move the trial date if the
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`1
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`Ex. 1035-002
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`IPR2020-01238 (USP 7,573,068)
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`Declaration In Support of
`Reply
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`conflict remained. The conflict remains.
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`6.
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`On August 31, 2020, Petitioner filed with the District Court a Notice of
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`Conflict with Current Trial Setting to ensure that neither the Court nor Solas would
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`be surprised by the trial date conflict it had already raised With the Court. EX. 1036.
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`Petitioner informed Solas of the conflict and provided notice that Petitioner may
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`move for a continuance of the trial date.
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`7.
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`I declare under penalty of perjury under the laws of the United States
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`of America, including fines and/or imprisonment under 18 U.S.C. § 1001, that the
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`foregoing is true and correct.
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`Executed on December 8, 2020 in Hillsborough, California.
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`Q
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`Gabriel S. Gross
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`EX. 1035-003
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`Ex. 1035-003
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