`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`_______________
`
`Case IPR2022-01222
`Patent 8,982,863 B1
`_______________
`
`DECLARATION OF PHILIP J. GRAVES IN SUPPORT OF PATENT
`OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`
`Smart Mobile Technologies LLC, Exhibit 2001
`Page 1 of 4
`
`
`
`I, Philip J. Graves, being duly sworn and upon oath, hereby attest to the following:
`
`1.
`
`2.
`
`I am a member in good standing of the State Bar of California.
`
`I am Partner at the law firm of Graves & Shaw LLP (“Graves & Shaw”).
`
`I have more than 25 years of experience as a litigation attorney specializing in patent
`
`litigation and representing clients in patent litigation matters in various United States
`
`District Courts and the United States Court of Appeals for the Federal Circuit. I am
`
`admitted to practice before the United States District Courts for the Southern,
`
`Eastern, Northern, and Central Districts of California. I am also admitted to practice
`
`before the United States Courts of Appeals for the Ninth and Federal Circuits and
`
`the United States Supreme Court.
`
`3.
`
`I have never been suspended or disbarred from practice before any court
`
`or administrative body, apart from an administrative suspension for nonpayment of
`
`inactive bar dues by the Washington Bar Association, which was lifted upon
`
`payment of the overdue bar dues.
`
`4.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`5.
`
`I have never had any sanctions or contempt citations imposed on me
`
`from 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.
`
`Smart Mobile Technologies LLC, Exhibit 2001
`Page 2 of 4
`
`
`
`7.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`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.
`
`I have applied to appear pro hac vice in five other proceedings before
`
`the Board within the last three years. On February 11, 2021, I applied to appear pro
`
`hac vice in Samsung Electronics Co., et. al. v. Neonode Smartphone LLC, IPR2021-
`
`00144 and IPR2021-00145, and those two related applications were granted on
`
`February 26, 2021 (see IPR2021-00144, paper 17; IPR2021-00145, Paper 17). On
`
`September 28, 2021, I applied to appear pro hac vice in Google LLC v. Neonode
`
`Smartphone LLC, IPR2021-01041, and that application was granted on October 6,
`
`2021 (see IPR2021-01041, Paper 14). On May 10, 2022, I applied to appear pro hac
`
`vice in Apple Inc., et al. v. Smart Mobile Technologies LLC, IPR2022-00808, and
`
`that application was granted on July 8, 2022 (see IPR2022-00808, Paper 10). On
`
`May 10, 2022, I applied to appear pro hac vice in Samsung Electronics, Ltd., et al.
`
`v. Smart Mobile Technologies LLC, IPR2022-00766, and that application was
`
`granted on July 27, 2022 (see IPR2022-00766, Paper 9).
`
`9.
`
`Smart Mobile Technologies LLC’s lead counsel in this proceeding, Mr.
`
`Rex Hwang, is a Partner at Skiermont Derby LLP, and is a registered practitioner
`
`experienced in proceedings before the USPTO.
`
`10.
`
`I have worked with lead counsel and am familiar with the subject matter
`
`2
`
`Smart Mobile Technologies LLC, Exhibit 2001
`Page 3 of 4
`
`
`
`at issue in this proceeding. As such, I have reviewed and am very familiar with (i)
`
`U.S. Patent No. 8,982,863 (the “’863 patent”), the patent-at-issue in this proceeding,
`
`(ii) the prior art relied upon in Petitioner’s Petition, (iii) the legal and factual
`
`arguments that have been addressed by Patent Owner, and (iv) the developments in
`
`this proceeding since the filing of Petitioner’s Petition. I am counsel for Smart
`
`Mobile Technologies LLC in the related co-pending district court case Smart Mobile
`
`Technologies LLC v. Apple Inc., 6:21-cv-00603-ADA (W.D. Tex.), in which Patent
`
`Owner has asserted the ’863 patent against Petitioner.
`
`11.
`
`I hereby declare that all statements made herein of my own knowledge
`
`are true and that all statements made on information and belief are believed to be
`
`true; and further that these statements are made with knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both. (18
`
`U.S.C. §1001.)
`
`
`
`
`
`
`Dated: December 2, 2022
`
`
`
`Philip J. Graves
`
`
`
`
`
`
`3
`
`Smart Mobile Technologies LLC, Exhibit 2001
`Page 4 of 4
`
`
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