`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLEINC.,
`
`Petitioner
`
`BILLJCO LLC,
`
`Patent Owner
`
`CASE: IPR2022-00131
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`U.S. PATENT NO. 8,639,267
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`AFFIDAVIT OF COURTLAND C. MERRILL IN SUPPORTOF
`PRO HAC VICE ADMISSION UNDER37 C.F.R § 42.10 (c)
`
`40305614.1
`
`
`
`l.
`
`I, Courtland C. Merrill, am more than twenty-one years of age, am competent
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`to presentthis affidavit, and have personal knowledgeofthe facts set forth herein.
`
`Ds.
`
`This affidavit is given in support of Patent Owner, BillJCo, LLC’s Motion for
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`Pro Hac Vice Admission.
`
`3,
`
`4,
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`I am an attorney at the law firm Saul Ewing Arnstein & Lehr, LLP.
`
`J am an experienced trial attorney whose practice focuses exclusively on
`
`business and intellectual property disputes.
`
`I have been an intellectual property
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`litigation attorney for nearly 20 years, and I have been litigating patent cases
`
`involving a variety of technologies during that entire time period. I have litigated
`
`numerous patent disputes involving the legal concepts of both infringement and
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`validity, and I have significant experience in all aspects of litigation, including
`
`depositions, claim construction proceedings and variousstagesoftrial.
`
`5.
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`I am a memberof good standing of the Bars of: Minnesota, Wisconsin, the
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`United State District Court of the District of Minnesota, The United States District
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`Court for the Eastern District of Wisconsin, the United States Court of Appeals for
`
`the Eighth Circuit, and the United States Court of Appeals for the Federal Circuit.
`
`6.
`
`I have never been suspended or disbarred from practice before any court or
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`administrative body.
`
`7.
`
`I have never been denied admission to practice before any court or
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`administrative body.
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`40305614.1
`
`
`
`8.
`
`No court or administrative body has ever imposed sanctions or contempt
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`citations on me.
`
`9.
`
`I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board’s Rule of Practice for Trials set for in part 42 of 37 C.E.R.
`
`10.
`
`I understand that I will be subject to the USPTO Rules of Professional
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`Conduct set forth in 37 C.F.R §§ 11.101 et seg. and disciplinary jurisdiction under
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`37 C.F.R § 11.19(a).
`
`11.
`
`Ihave not applied to appearpro hacvice in any proceedingsbefore the Office
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`in the last three (3) years.
`
`12.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding.I have reviewedin detail U.S. Patent No. 8,639,267, whichis the patent
`
`challenged in this proceeding.I have also reviewed relevant references discussed in
`
`Petitioner’s Petition for Inter Partes Review of U.S. Patent No. 8,639,267.
`
`13.
`
`[ have read and understand the pleadings submitted by both Petitioner and
`
`Patent Owner in this proceeding.
`
`I have engaged in strategic and substantive
`
`discussionsregardingthis proceeding with counsel for Patent Owner, BillJCo, LLC.
`
`Through my nearly 20 years ofpatentlitigation experience, I am very familiar with
`
`the legal theories advancedin this case.
`
`14.
`
`Through my involvementin the representation of Patent Owner, BillJCo, LLC
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`in pending district court litigation involving the ‘267 patent -United States District
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`40305614.1
`
`
`
`Court for the Northern District of California BillJCo, LLC v. Apple, Inc., Case No.
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`5:22-cv-3201-YGR (previously pending in the Western District of Texas Civil
`
`Action No.: 6:21-cv-00528-ADA), I have established familiarity with the subject
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`matter at issue in this proceeding.
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`Date: July 25, 2022
`
`Sworn to and subscribed before me
`
`this £6day of / } be ,_, 2022.
`
`
`
`“Courtland
`
`
`
`ae) MycommitExpires
`
`MARGARET A CROWE
`
`NotaryPPublic
`
`EY
`ee,
`
`an)
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`40305614.1
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`
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