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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`CLOUDFLARE, INC. AND SONICWALL INC.,
`
`Petitioner,
`
`v.
`
`SABLE NETWORKS, INC.,
`
`Patent Owner
`
`____________
`
`Case IPR2021-00909
`
`Patent 8,243,593
`
`____________
`
`DECLARATION OF DANIEL P. HIPSKIND
`IN SUPPORT OF PATENT OWNER’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`OF DANIEL P. HIPSKIND
`UNDER 37 C.F.R. § 42.10(c)
`
`Sable Networks, Inc. Exhibit 2004
`Page 2004 - 1
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`

`

`I, Daniel P. Hipskind, declare as follows:
`
`1.
`
`2.
`
`I am an attorney licensed to practice law in the State of California.
`
`I am a member in good standing in all jurisdictions where I have been
`
`admitted to practice.
`
`3.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`4.
`
`I have never had an application denied for admission to practice
`
`before any court or administrative body.
`
`5.
`
`I have never had any sanctions or contempt citations imposed upon
`
`me by any court or administrative body.
`
`6.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`7.
`
`I agree to be subject to the U.S.P.T.O. 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).
`
`8.
`
`9.
`
`I am a partner at the law firm of Berger & Hipskind LLP.
`
`I have practiced law in California since 2009, and part of my practice
`
`has consisted of patent litigation and other patent related matters such as PTAB
`
`litigations. A noncomprehensive list of representative patent litigations where I
`
`have been actively involved as patent litigation counsel include:
`
`Sable Networks, Inc. Exhibit 2004
`Page 2004 - 2
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`

`

`• Sable Networks, Inc., et al. v. Cloudflare, Inc., No. 6:21-cv-00261-
`
`ADA (W.D. Tex.).
`
`• Sable Networks, Inc., et al. v. Splunk Inc., et al., No. 5:21-cv-00040-
`
`RWS (E.D. Tex.).
`
`• Castlemorton Wireless, LLC v. Arista Networks, Inc., No. 1:20-cv-
`
`00482-ADA (W.D. Tex.).
`
`• Castlemorton Wireless, LLC v. Juniper Networks, Inc., No. 1:20-cv-
`
`00557-ADA (W.D. Tex).
`
`• Sable Networks, Inc., et al. v. Cisco Systems, Inc., No. 6:20-cv-00288-
`
`ADA (W.D. Tex.).
`
`• Dynamic Data Technologies, LLC v. Intel Corporation, No. 1:18-cv-
`
`01977 (D. Del.).
`
`• Dynamic Data Technologies, LLC v. Dell Inc., No. 1:18-cv-10454
`
`(S.D.N.Y.).
`
`• DIFF Scale Operation Research, LLC v. Huawei Technologies Co.,
`
`Ltd., No. 2:18-cv-00062-JRG-RSP (E.D. Tex.).
`
`• DIFF Scale Operation Research, LLC v. Maxim Integrated Products,
`
`Inc., No. 3:18-cv-00611 (N.D. Tex.).
`
`• DIFF Scale Operation Research, LLC v. Extreme Networks, Inc., No.
`
`1:18-cv-02324 (S.D.N.Y.).
`
`Sable Networks, Inc. Exhibit 2004
`Page 2004 - 3
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`

`

`• University of Tennessee Research Foundation v. Citrix Systems, Inc.,
`
`No. 3:17-cv-00894 (M.D. Tenn.).
`
`• University of Tennessee Research Foundation v. Microsoft
`
`Corporation, No. 3:17-cv-00184 (E.D. Tenn.).
`
`• Marking Object Virtualization Intelligence, LLC v. Hitachi Ltd., No.
`
`2:16-cv-01055-JRG (E.D. Tex.).
`
`10. My experience in post-grant patent proceedings includes drafting
`
`patent owner responses and taking depositions. Representative matters where I am
`
`or was actively involved include:
`
`•
`
`Yahoo! Inc. v. CreateAds LLC (IPR2014-00200).
`
`• Crestron Electronics, Inc. v. Vesper Technology Research, LLC
`
`(IPR2017-00497).
`
`• Valens Semiconductor v. Vesper Technology Research, LLC
`
`(IPR2017-00865).
`
`• Unified Patents Inc. v. Dynamic Data Technologies, LLC (IPR2019-
`
`01085).
`
`• Arista Networks, Inc., et al. v. Castlemorton Wireless, LLC (IPR2020-
`
`00986).
`
`• Cloudflare, Inc. v. Sable Networks, Inc., (IPR2021-00909).
`
`• Cloudflare, Inc. v. Sable Networks, Inc., (IPR2021-00969).
`
`Sable Networks, Inc. Exhibit 2004
`Page 2004 - 4
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`

`

`• Cloudflare, Inc. v. Sable Networks, Inc., (IPR2021-01005).
`
`• Cloudflare, Inc. v. Sable Networks, Inc., (IPR2021-01067).
`
`•
`
`•
`
`•
`
`•
`
`Splunk Inc. v. Sable Networks, Inc., (IPR2021-01469).
`
`Splunk Inc. v. Sable Networks, Inc., (IPR2021-01594).
`
`Splunk Inc. v. Sable Networks, Inc., (IPR2022-00003).
`
`Splunk Inc. v. Sable Networks, Inc., (IPR2022-00228).
`
`11.
`
`I have previously been admitted to appear, pro hac vice, in the
`
`following matter before the U.S.P.T.O:
`
`•
`
`Yahoo! Inc. v. CreateAds LLC (IPR2014-00200).
`
`12.
`
`I am concurrently applying for pro hac vice admission in the
`
`following matter before the U.S.P.T.O:
`
`• Cloudflare, Inc. v. Sable Networks, Inc. (IPR2021-00969).
`
`13. A motion requesting my pro hac vice admission was filed in Arista
`
`Networks, Inc., et al. v. Castlemorton Wireless, LLC (IPR2020-00986). However,
`
`that Inter Partes Review petition was terminated prior to the Board ruling on the
`
`pro hac vice motion; the Board neither granted nor denied the request for my
`
`admission pro hac vice.
`
`14. Other than the matter identified in ¶¶ 11-13 supra, I have not applied
`
`to appear pro hac vice in any other proceedings before the U.S.P.T.O. in the last
`
`three years.
`
`Sable Networks, Inc. Exhibit 2004
`Page 2004 - 5
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`

`

`Sable Networks, Inc. Exhibit 2004
`Page 2004 - 6
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`

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