`U.S. Patent No. 10,129,825
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LENOVO (UNITED STATES) INC. and
`MOTOROLA MOBILITY LLC,
`Petitioners,
`v.
`THETA IP, LLC,
`Patent Owner
`
`IPR2023-00697
`U.S. Patent No. 10,129,825
`
`DECLARATION OF COREY JOHANNINGMEIER IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`IPR2023-00697
`Theta EX2001
`
`
`
`I, Corey Johanningmeier, being duly sworn and upon oath, hereby attest to
`
`IPR2023-00697
`U.S. Patent No. 10,129,825
`
`
`
`the following:
`
`1.
`
`2.
`
`I am a member in good standing of the Bar of California.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`3.
`
`I have never been denied an application for admission to practice
`
`before any court or administrative body.
`
`4.
`
`No sanction or contempt citation has ever been imposed against me by
`
`any court or administrative body.
`
`5.
`
`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,
`
`Code of Federal Regulations.
`
`6.
`
`I will 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).
`
`7.
`
`In the last three (3) years, I have appeared pro hac vice before the
`
`Office in unrelated matters IPR2020-00122, IPR2020-00123, IPR2022-00575,
`
`IPR2022-00576, IPR2022-01283, IPR2021-00076, IPR2021-00077, and IPR2022-
`
`00792, wherein the Board granted my pro hac vice application. I also filed a pro
`
`hac vice application in another related proceeding, IPR2020-00484, which was
`
`IPR2023-00697
`Theta EX2001
`
`
`
`
`terminated before a ruling on my application was made, and submitted an
`
`IPR2023-00697
`U.S. Patent No. 10,129,825
`
`
`application in an ex parte reexamination Appeal, 2022-004880, which was not
`
`granted for technical reasons.
`
`8.
`
`I am an experienced litigation attorney having familiarity with the
`
`subject matter at issue in this proceeding. I have been practicing law since 2007
`
`and have extensive experience litigating patent infringement cases in many
`
`different District Courts across the country and in the Federal Circuit, including
`
`participation in multiple trials, Markman hearings, summary judgment
`
`proceedings, and other patent-related hearings and pleadings concerning, inter alia,
`
`patent validity and/or infringement. I have presented and cross-examined
`
`inventors and expert witnesses in patent trials. I have also received professional
`
`recognition in the field of patent litigation, such as invitations to speak and publish
`
`on patent litigation matters, and have been recognized as a “Super Lawyers Rising
`
`Star,” a “Super Lawyer,” and a Managing Intellectual Property “IP STAR.”
`
`9.
`
`I am very familiar with the ’825 Patent and the subject matter at issue
`
`in this inter partes review proceeding. I am one of the primary attorneys in the
`
`pending District Court litigations in Theta IP, LLC v. Motorola Mobility LLC, et
`
`al., Case No. 1:22-cv-03441 (N.D. Ill.) and Theta IP, LLC v. Apple Inc., Case No.
`
`6:23-cv-00314-ADA (W.D. Tex.), in which the ’825 Patent is asserted. I have
`
`represented Patent Owner against Petitioner in those pending District Court
`
`
`
`2
`
`IPR2023-00697
`Theta EX2001
`
`
`
`
`litigations since their commencement. As counsel in the District Court litigations,
`
`IPR2023-00697
`U.S. Patent No. 10,129,825
`
`
`I have, among other things, been extensively involved with analysis of the ’825
`
`Patent, including with respect to validity issues.
`
`10.
`
`In addition, I was one of the primary attorneys representing Theta in
`
`the District Court litigation Theta IP, LLC v. Samsung Electronics Co., Ltd., Case
`
`No. WA:20-cv-00160-AD (W.D. Tex.) in which the ’825 Patent was asserted.
`
` declare under penalty of perjury that the foregoing is true and correct.
`
` I
`
`Executed this 23rd day of May, 2023, in Oakland, California.
`
`
`
`
`
`
`/s/ Corey Johanningmeier
`Corey Johanningmeier
`
`
`
`3
`
`IPR2023-00697
`Theta EX2001
`
`