`
`Entered: December 10, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`LG DISPLAY CO., LTD.,
`Petitioner,
`
`v.
`
`SOLAS OLED LTD.,
`Patent Owner.
`__________________
`Case IPR2020-01238
` Patent 7,573,068
`__________________
`
`DECLARATION OF GABRIEL S. GROSS IN SUPPORT OF
`PETITIONER’S REPLY TO THE PATENT OWNER PRELIMINARY
`RESPONSE
`
`LG Display
`Exhibit 1035
`LG Display v. Solas
`IPR2020-01238
`
`Ex. 1035-001
`
`
`
`IPR2020-01238 (USP 7,573,068)
`
`
`
`
`
`
`
`I, Gabriel S. Gross, declare as follows:
`
`
`
`
`
`
`
`
`
`
`Declaration In Support of
`Reply
`
`1.
`
`I am an attorney at the firm of Latham & Watkins LLP, counsel of rec-
`
`ord for Petitioner LG Display Co., Ltd. (“Petitioner”). I have personal knowledge of
`
`the facts set forth in this declaration and, if called as a witness, could and would
`
`testify competently to them under oath.
`
`2.
`
`On May 22, 2020, during the Markman hearing, after consultation with
`
`and input from the parties and their counsel, the Court set the trial date in the co-
`
`pending district court action involving the ’068 patent for May 17, 2021. Ex. 1037
`
`at 106:4-109:9.
`
`3.
`
`On August 20, 2020, the Court sua sponte changed the trial date and set
`
`it for March 29, 2021, without input from the parties or their counsel. Ex. 2004.
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`4.
`
`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
`
`in the District Court of Tarrant County, Texas, 17th Judicial District, on March 22,
`
`2021 in the matter of Cardone Industries, Inc. v. Joel Farina, et al., Cause No. 017-
`
`271617-14.
`
`5.
`
`Upon being advised of this, the Clerk requested that Petitioner revisit
`
`the trial date with the Court in late January or early February 2021, and advised
`
`Petitioner that he was sure the Court would be happy to move the trial date if the
`
`1
`
`Ex. 1035-002
`
`
`
`IPR2020-01238 (USP 7,573,068)
`
`Declaration In Support of
`Reply
`
`conflict remained. The conflict remains.
`
`6.
`
`On August 31, 2020, Petitionerfiled with the District Court a Notice of
`
`Conflict with Current Trial Setting to ensure that neither the Court nor Solas would
`
`be surprised by the trial date conflict it had already raised with the Court. Ex. 1036.
`
`Petitioner informed Solas of the conflict and provided notice that Petitioner may
`
`movefor a continuanceofthetrial date.
`
`7.
`
`I declare under penalty of perjury under the laws of the United States
`
`of America, including fines and/or imprisonment under 18 U.S.C. § 1001, that the
`
`foregoingis true and correct.
`
`Executed on December8, 2020 in Hillsborough, California.
`
`=
`
`Gabriel S. Gross
`
`Ex. 1035-003
`
`Ex. 1035-003
`
`
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