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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`HYUNDAI MOTOR AMERICA,
`Petitioner
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`v.
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`STRATOSAUDIO, INC.,
`Patent Owner
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`____________________
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`Case IPR2021-01303
`U.S. Patent No. 8,688,028
`____________________
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`DECLARATION OF BRADLEY M. BERG IN SUPPORT OF
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION PURSUANT
`TO 37 C.F.R. §42.10(C)
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`Hyundai Exhibit 1025
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`IPR2021-01303
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`1.
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`I, Bradley M. Berg, declare as follows:
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`I am a Counsel with the law firm of O’Melveny & Myers LLP. I represent
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`and advise Petitioner Hyundai Motor America (“Hyundai”) in connection with the
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`above-captioned inter partes review (“IPR”) proceeding on the patent at issue in
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`this IPR, U.S. Patent No. 8,688,028 (“the ’028 Patent”).
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`2.
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`I have been a member in good standing of the Bar of the State of California
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`since 2014. My California State Bar number is 300856. I am also admitted to
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`practice before the US District Court, California Central (admitted August 2016)
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`and have appeared pro hac vice before the US District Court, Texas Western on
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`multiple occasions.
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`3.
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`I have seven years of experience practicing patent and technology related
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`litigation. I have litigated numerous patent cases across the country, including in
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`California, Delaware, Texas, and before the International Trade Commission.
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`4.
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`I am familiar with the subject matter at issue in this proceeding. I have been
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`actively involved in the present IPR proceeding regarding the ’028 Patent. I have
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`reviewed the patent and the prior art being asserted in this IPR proceeding.
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`5. Moreover, I have advised Petitioner on strategy regarding Petitioner’s
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`affirmative arguments in this IPR proceeding, assisted in the drafting of the
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`petition, reviewed the accompanying Declaration of Dr. Almeroth, and worked
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`1
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`Hyundai Exhibit 1025
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`
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`IPR2021-01303
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`with Petitioner to find and identify the references relied upon in the petition and to
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`draft other submissions to the Office.
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`6.
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`I have similarly assisted clients in connection with many patent litigations
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`regarding technology similar to that at issue in this IPR.
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`7.
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`Specifically, I have assisted Petitioner in its district court litigation,
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`StratosAudio, Inc. v. Hyundai Motor America, Case No. 2:22-cv-01712-GW-PDx
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`(C.D. Cal.).
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`8.
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`I have not been suspended or disbarred from practice before any court or
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`administrative body. I have never had an application for admission to practice
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`before any court or administrative body denied. No sanction or contempt citation
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`has been imposed against me by any court or administrative body.
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`9.
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`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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`10.
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`I agree to and will be subject to the USPTO Rules of Professional Conduct
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`set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37
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`C.F.R. § 11.19(a).
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`11.
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`I have applied to, and was admitted to, appear pro hac vice before the Board
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`in the following proceeding in the last three years:
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`• IPR2021-00308
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`• IPR2021-00304
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`2
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`Hyundai Exhibit 1025
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`IPR2021-01303
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`• IPR2021-00298
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`• IPR2021-00265
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`• IPR2021-00219
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`• IPR2021-00206
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`• CBM2020-00028
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`• IPR2021-00158
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`• IPR2019-01306
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`12.
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`I hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true.
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`I further declare that these statements were made with the knowledge that willful
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`false statements and the like so made are punishable by fine or imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code and that such
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`willful false statements may jeopardize the validity of the application or any
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`patents issued thereon.
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`March 25, 2022
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`Respectfully submitted,
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`
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`/s/ Bradley M. Berg
`Bradley M. Berg
`O’Melveny & Myers LLP
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`3
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`Hyundai Exhibit 1025
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