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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`APPLE INC., SAMSUNG ELECTRONICS CO., LTD.,
`and SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
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`v.
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`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`_______________
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`Case IPR2022-00807
`Patent 9,756,168
`_______________
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`DECLARATION OF PHILIP J. GRAVES IN SUPPORT OF
`PATENT OWNER’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF PHILIP J. GRAVES
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`I, Philip J. Graves, being duly sworn and upon oath, hereby attest to the following:
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`1.
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`2.
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`I am a member in good standing of the State Bar of California.
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`I am Partner at the law firm of Graves & Shaw LLP (“Graves & Shaw”).
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`I have more than 25 years of experience as a litigation attorney specializing in patent
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`litigation and representing clients in patent litigation matters in various United States
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`District Courts and the United States Court of Appeals for the Federal Circuit. I am
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`admitted to practice before the United States District Courts for the Southern,
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`Eastern, Northern, and Central Districts of California. I am also admitted to practice
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`before the United States Courts of Appeals for the Ninth and Federal Circuits and
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`the United States Supreme Court.
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`3.
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`I have never been suspended or disbarred from practice before any court
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`or administrative body, apart from an administrative suspension for nonpayment of
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`inactive bar dues by the Washington Bar Association, which was lifted upon
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`payment of the overdue bar dues.
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`4.
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`I have never had an application for admission to practice before any
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`court or administrative body denied.
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`5.
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`I have never had any sanctions or contempt citations imposed on me
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`from any court or administrative body.
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`6.
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`I have read and will comply with the Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`7.
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`I agree to be subject to the United States Patent and Trademark Office
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`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`8.
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`I have previously been admitted to appear, pro hac vice, in the
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`following proceedings before the Board within the last three years:
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`• Samsung Electronics Co., et. al. v. Neonode Smartphone LLC,
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`(IPR2021-00144, -00145).
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`• Google LLC v. Neonode Smartphone LLC (IPR2021-01041).
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`• Apple Inc., et al. v. Smart Mobile Technologies LLC (IPR2022-00808).
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`• Samsung Electronics, Ltd., et al. v. Smart Mobile Technologies LLC,
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`(IPR2022-00766).
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`9. My applications for pro hac vice admission are currently pending in the
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`following matters:
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`• Apple Inc., et al. v. Smart Mobile Technologies LLC (IPR2022-00979,
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`-00980, -00981, -00982, -01222, -01223).
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`• Samsung Electronics, Ltd., et al. v. Smart Mobile Technologies LLC,
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`(IPR2022-01004, -01005, -01249).
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`10.
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`I am concurrently applying for pro hac vice admission in the following
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`matters:
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`• Apple Inc., et al. v. Smart Mobile Technologies LLC (IPR2022-00807).
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`2
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`• Samsung Electronics, Ltd., et al. v. Smart Mobile Technologies LLC
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`(IPR2022-01002, -01248).
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`11. Smart Mobile Technologies LLC’s lead counsel in this proceeding, Mr.
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`Kenneth Weatherwax, is a Partner at Lowenstein & Weatherwax LLP, and is a
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`registered practitioner experienced in proceedings before the USPTO.
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`12.
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`I have worked with lead counsel and am familiar with the subject matter
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`at issue in this proceeding. As such, I have reviewed and am very familiar with (i)
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`U.S. Patent No. 9,756,168 (the “’168 patent”), the patent-at-issue in this proceeding,
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`(ii) the prior art relied upon in Petitioner’s Petition, (iii) the legal and factual
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`arguments that have been addressed by Patent Owner, and (iv) the developments in
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`this proceeding since the filing of Petitioner’s Petition. I am counsel for Smart
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`Mobile Technologies LLC in the related co-pending district court cases, Smart
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`Mobile Technologies LLC v. Apple Inc., 6:21-cv-00603-ADA (W.D. Tex.) and
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`Smart Mobile Technologies LLC v. Samsung Electronics Co. Ltd. and Samsung
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`Electronics America, Inc., 6:21-cv-00701-ADA (W.D. Tex.), in which Patent Owner
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`has asserted the ’168 patent against Petitioners.
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`13.
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`I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief are believed to be
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`true; and further that these statements are made with knowledge that willful false
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`3
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`statements and the like so made are punishable by fine or imprisonment, or both. (18
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`U.S.C. §1001.)
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`Dated: January 13, 2023
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` / Philip J. Graves /
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`Philip J. Graves
`Graves & Shaw LLP
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`4
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