`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioners,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2022-01249
`Patent 9,019,946
`____________
`
`
`DECLARATION OF STEVEN J. UDICK IN SUPPORT OF PATENT
`OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`
`
`Smart Mobile Technologies LLC, Exhibit 2018
`Page 1 of 4
`
`
`
`I, Steven J. Udick, being duly sworn and upon oath, hereby attest to the
`
`following:
`
`1.
`
`2.
`
`I am a member of good standing with the State Bar of Texas (2012).
`
`I am Partner at the law firm of Skiermont Derby LLP. I am an
`
`experienced patent litigation attorney with more than ten years of experience. In that
`
`time, I have served as counsel in numerous patent infringement suits before the
`
`United States District Courts for the Northern, Eastern, Southern, and Western
`
`Districts of Texas, and am admitted to practice in the United States Supreme Court
`
`and the United States Courts of Appeals for the Federal Circuit.
`
`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 title 37 of the Code
`
`of Federal Regulations.
`
`- 1 -
`
`Smart Mobile Technologies LLC, Exhibit 2018
`Page 2 of 4
`
`
`
`7.
`
`I agree to be subject to the USPTO 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 two other proceedings within
`
`the last three years. On November 7, 2022, I applied to appear pro hac vice in
`
`Samsung Electronics Co., Ltd., Apple Inc., and Samsung Electronics America, Inc.
`
`v. Smart Mobile Technologies LLC, IPR2022-00766, and that application was
`
`conditionally granted on November 29, 2022 (see IPR2022-00766, Paper 19), and
`
`fully granted on December 9, 2022, when Patent Owner filed its Updated Mandatory
`
`Notices and Power of Attorney (see IPR2022-00766, Papers 21 and 22). On
`
`December 2, 2022, I applied to appear pro hac vice in Samsung Electronics Co.,
`
`Ltd., Samsung Electronics America, Inc., and Apple, Inc. v. Smart Mobile
`
`Technologies LLC, IPR2022-01004, and that application was granted on January 25,
`
`2023 (see IPR2022-01004, Paper 16).
`
`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
`
`at issue in this proceeding. As such, I have reviewed and am very familiar with (i)
`
`U.S. Patent No. 9,019,946 (the “’946 patent”), the patent-at-issue in this proceeding,
`
`- 2 -
`
`Smart Mobile Technologies LLC, Exhibit 2018
`Page 3 of 4
`
`
`
`(ii) the prior art relied upon in Petitioners’ 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 Petitioners’ Petition. I am counsel for Smart
`
`Mobile Technologies LLC in the related co-pending district court cases, Smart
`
`Mobile Technologies LLC v. Apple Inc., 6:21-cv-00603-ADA (W.D. Tex.); and
`
`Smart Mobile Technologies LLC v. Samsung Electronics Co. Ltd. and Samsung
`
`Electronics America, Inc., 6:21-cv-00701-ADA (W.D. Tex.), in which Patent Owner
`
`has asserted the ’946 patent against Petitioners.
`
`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: March 24, 2023
`
`Steven J. Udick
`
`- 3 -
`
`Smart Mobile Technologies LLC, Exhibit 2018
`Page 4 of 4
`
`
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