`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MERCEDES-BENZ USA, LLC,
`Petitioner
`v.
`
`DAEDALUS PRIME LLC
`Patent Owner
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`DECLARATION OF JIAXING (KYLE) XU
`IN SUPPORT OF PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Mercedes EX1037
`Mercedes v. Daedalus
`IPR2023-01333
`
`
`
`U.S. Patent No. 10,049,080
`Petition for Inter Partes Review
`
`I, Jiaxing (Kyle) Xu, declare as follows:
`
`1.
`
`I am a Senior Associate at the law firm of Hogan Lovells US LLP. I
`
`represent and counsel Petitioner Mercedes-Benz USA, LLC (“Petitioner”), in
`
`connection with the above-captioned inter partes review proceeding.
`
`2.
`
`I have been a member in good standing of the bars of California, New
`
`York, and U.S. District Court for the Northern District of California.
`
`3.
`
`I have not been suspended or disbarred from practice before any court
`
`or administrative body.
`
`4.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`5.
`
`I have never had a sanction or contempt citation imposed against me by
`
`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.
`
`7.
`
`I understand that 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
`
`pursuant to 37 C.F.R. § 11.19(a).
`
`8.
`
`I practice patent law, including patent litigation before courts and
`
`agencies, including U.S. District Courts and the International Trade Commission,
`
`2
`
`
`
`U.S. Patent No. 10,049,080
`Petition for Inter Partes Review
`and have done so throughout my career as an attorney since 2019.
`
`9.
`
`As a part of my patent litigation experience, I have significant
`
`knowledge and experience with litigating invalidity defenses, preparing witnesses
`
`for depositions and materials for taking depositions, and handling evidentiary issues.
`
`10.
`
`I have worked on proceedings before the Board dating back to 2021.
`
`This work experience includes: assisting with the preparation of petitions and other
`
`submissions and preparing witnesses for deposition. I have not applied to appear pro
`
`hac vice in any other proceedings before the Board in the last three (3) years.
`
`11.
`
`To date, I have worked with the named lead and back-up counsel to
`
`develop and analyze the legal and factual issues raised in the Petition. I have been
`
`significantly involved in the preparation of the Petition and supporting evidence,
`
`particularly through my work in the parallel litigation involving this patent before
`
`the United States International Trade Commission. Through this involvement, I have
`
`gained in-depth familiarity with the arguments and evidence supporting the Petition,
`
`including through the review and analysis of documents such as the challenged
`
`patent, the prosecution history of the challenged patent, technical literature, the
`
`expert declaration, and other sources of information.
`
`12.
`
`I will work in coordination and association with the designated lead
`
`counsel, Celine Jimenez Crowson, for the duration of my involvement in this
`
`3
`
`
`
`U.S. Patent No. 10,049,080
`Petition for Inter Partes Review
`
`proceeding.
`
`13.
`
`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. I further declare that these statements were made with the knowledge that
`
`willful false statements and the like so made are punishable by fine or imprisonment,
`
`or both, under Section 1001 of Title 18 of the United States Code and that such
`
`willful false statements may jeopardize the validity of this proceeding.
`
`/s/ Jiaxing (Kyle) Xu
`Jiaxing (Kyle) Xu, Esq.
`
`
`
`Date: April 29, 2024
`
`HOGAN LOVELLS US LLP
`Four Embarcadero Center, #3500
`San Francisco, CA 94111
`Telephone: 415-374-2300
`Facsimile: 415-374-2399
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
