`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HEWLETT PACKARD ENTERPRISE CoO.,
`ARUBA NETWORKS, LLC,
`APPLE INC.,
`Petitioner
`
`BILLJCO LLC,
`
`Patent Owner
`
`CASE: IPR2022-00426
`
`U.S. PATENT NO.8,761,804 B2
`
`AFFIDAVIT OF COURTLAND C. MERRILL IN SUPPORT OF
`PRO HAC VICE ADMISSION UNDER37 C.F.R § 42.10 (c)
`
`40219718.1
`40379976.1
`
`
`
`i.
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`I, Courtland C. Merrill, am more than twenty-one years of age, am competent
`
`to presentthis affidavit, and have personal knowledgeofthe facts set forth herein.
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`p2
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`This affidavit is given in support of Patent Owner, BillJCo, LLC’s Motion for
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`Pro Hac Vice Admission.
`
`oF
`
`4.
`
`I am an attorney at the law firm Saul Ewing Arnstein & Lehr, LLP.
`
`I am an experiencedtrial attorney whose practice focuses exclusively on
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`business and intellectual property disputes. I have been an intellectual property
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`litigation attorney for nearly 20 years, and I have beenlitigating patent cases
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`involving a variety of technologies during that entire time period. I have litigated
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`numerous patent disputes involving the legal concepts of both infringement and
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`validity, and I have significant experience in all aspects oflitigation, including
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`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.
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`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.
`
`40219718.1
`40379976.1
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`
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`8.
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`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_F.R.
`
`10.
`
`I understand that I will be subject to the USPTO Rules of Professional
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`Conductset 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 hac vice in any proceedings before the Office
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`in the last three (3) years.
`
`12.
`
`J have an established familiarity with the subject matter at issue in this
`
`proceeding. I have reviewed in detail U.S. Patent No. 8,761,804 B2, which is 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.
`
`8,761,804 B2.
`
`13.
`
`Ihave read and understand the pleadings submitted by both Petitioner and
`
`Patent Owner in this proceeding.
`
`I have engaged in strategic and substantive
`
`discussions regarding this proceeding with counsel for Patent Owner, BillJCo, LLC.
`
`Through my nearly 20 years of patentlitigation experience, I am very familiar with
`
`the legal theories advanced inthis case.
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`40219718.1
`40379976.1
`
`
`
`14.
`
`Through my involvementin the representation ofPatent Owner, BillJCo, LLC
`
`in pendingdistrict court litigation involving the ‘804 patent -United States District
`
`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); BillJCo, LLC v. Cisco Systems, Inc. No. 2:21-cv-
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`00181 (E.D. Tex.); and BillJCo, LLC v. Hewlett Packard Enterprise Company, No.
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`2:21-cv-00182 (E.D. Tex.). I have established familiarity with the subject matterat
`
`issue in this proceeding.
`
`Date: August 10, 2022
`
`Courtland C. Merrill
`
`Sworn to and subscribed before me
`
`this [O% day of(uu, 2022.
`
`tay" My Commission Expires Jan 31, 2025
`
`JENNIFER LYNN FLYNN
`NOTARY PUBLIC
`MINNESOTA
`
`Nia
`
`40219718.1
`40379976.1
`
`
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