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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`ZYXEL COMMUNICATIONS CORPORATION,
`
`Petitioner,
`
`v.
`
`UNM RAINFOREST INNOVATIONS,
`
`Patent Owner.
`
`
`
`
`
`
`
`IPR2021-00734
`Patent No. 8,265,096
`
`
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF HENNING SCHMIDT
`IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Ex. 2003 - IPR2021-00734
`ZyXEL Communications Corp. v. UNM Rainforest Innovations
`
`

`

`I, Henning Schmidt, declare as follows:
`
`1. My name is Henning Schmidt, and my professional address is
`
`1750 Tyson’s Blvd., Suite 1500, Tysons Corner, Virginia. I am over the age
`
`of 18, and I make this declaration based on my personal knowledge.
`
`2.
`
`I am an attorney licensed and admitted to practice in the State of
`
`Texas, where I have been admitted since 2007. I am a member in good standing
`
`with the Texas Bar. I practice in the field of intellectual property, including
`
`patent litigation, and have done so for approximately 15 years.
`
`3.
`
`I am admitted to practice before the Federal District Courts of the
`
`Northern, Western, and Eastern Districts of Texas, as well of the Fifth and
`
`Federal Courts of Appeal. I have also been admitted to practice and have
`
`appeared pro hac vice before various additional United States District Courts,
`
`including in Delaware, Georgia, California, Nebraska, Virginia, Ohio, and
`
`Washington.
`
`4.
`
`I have also appeared before the United States International Trade
`
`Commission, and have practiced and continue to practice regarding trademark
`
`matters before the United States Patent and Trademark Office, and the
`
`Trademark Trial and Appeal Board.
`
`5.
`
`I am a member of the Texas Bar Association and the Texas
`
`Intellectual Property Law Association.
`
`
`
`2
`
`
`
`
`
`
`Ex. 2003 - IPR2021-00734
`ZyXEL Communications Corp. v. UNM Rainforest Innovations
`
`

`

`6.
`
`I have extensive experience in litigating patent infringement
`
`matters. I have been litigating patent infringement cases since my admission
`
`to the bar in 2007, including as lead counsel, and have appeared before the
`
`Court of Appeals for the Federal Circuit numerous times regarding appeals in
`
`patent infringement cases.
`
`7.
`
`I have never been suspended, disbarred, sanctioned, or cited for
`
`contempt by any court or administrative body.
`
`8.
`
`I have never had a court or administrative body deny my
`
`application for admission to practice.
`
`9.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42 of
`
`the C.F.R.
`
`10.
`
`I agree to be subject to the United States Patent and Trademark
`
`Office Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`11.
`
`I have previously appeared and argued before the Board in the
`
`matter of Aruba Networks, Inc. v. Mobile Telecommunications Technologies,
`
`LLC, PTAB-IPR2016-00768, and Intel Corporation v. FG SRC LLC, PTAB-
`
`IPR2020-01449. I have not applied to appear pro hac vice before the Office
`
`in any other proceeding in the last three (3) years.
`
`
`
`3
`
`
`
`
`
`
`Ex. 2003 - IPR2021-00734
`ZyXEL Communications Corp. v. UNM Rainforest Innovations
`
`

`

`12.
`
`I have read and am familiar with the patent at issue in this
`
`proceeding and its file history, as well as the prior art and other arguments that
`
`have been asserted by petitioner.
`
`13.
`
`I declare, under penalty of perjury pursuant to 28 U.S.C. § 1746,
`
`that all statements made herein of my knowledge are true and that all
`
`statements made on information and belief are believed to be true.
`
`Dated: June 2, 2021
`
`Respectfully submitted,
`
`
`
`/s/ Henning Schmidt
`Henning Schmidt
`DiMuroGinsberg PC - DGKEYIP GROUP
`1750 Tyson’s Blvd., Suite 1500
`Tysons Corner, VA 22102
`Telephone: (703) 289-5118
`Email: hschmidt@dimuro.com
`
`4
`
`
`
`
`
`
`
`
`Ex. 2003 - IPR2021-00734
`ZyXEL Communications Corp. v. UNM Rainforest Innovations
`
`

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