UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`SUPERCELL OY,
`Petitioner
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`v.
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`GREE, INC.,
`Patent Owner
`____________________
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`Case PGR2018-00039
`Patent 9,669,308
`____________________
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`DECLARATION OF PETER T. EWALD IN
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`SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
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`Gree, Inc.
`Ex. 2005
`Page 1
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`I, Peter T. Ewald, declare as follows:
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`1.
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`I have been practicing in the field of intellectual property, and
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`particularly patent litigation, for over ten years. I have been lead or assistant
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`counsel in more than 25 patent litigations in district courts across the country since
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`October 2005.
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`2.
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`I am a member in good standing of the Bar of the Commonwealth of
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`Virginia and am admitted to practice before the U.S. District Court for the Eastern
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`District of Virginia and the U.S. Court of Appeals for the Federal Circuit.
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`3.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`4.
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`I have never had a court or administrative body deny my application
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`for admission to practice.
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`5.
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`I have never had any sanctions or contempt citations imposed upon
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`me by 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
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`Guide and the Board's Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`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. §
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`11.19(a).
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`Gree, Inc.
`Ex. 2005
`Page 2
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`I have appeared pro hac vice before the Office in a previous matter. In
`8.
`March 2016, I was granted permission to appear pro hac vice in proceeding
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`number IPR2015-00465 as counsel for the Petitioner.
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`9.
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`I am familiar with the subject matter at issue in this proceeding and I
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`have been involved since Patent Owner was served with the Petition on March 5,
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`2018. In particular, I have worked closely with Patent Owner and Patent Owner's
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`lead counsel to review and asses the allegation in the Petition, reviewed the 308
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`Patent and its prosecution history, and reviewed the relevant case law cited by
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`Petitioner. I was also significantly involved in the preparation of Patent Owner's
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`June 22, 2018 Preliminary Response.
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`10.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statement made on information and belief are
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. 1001.
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`Dated: June 21, 2018
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`Respectfully submitted,
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`/Peter T. Ewald/
`Peter T. Ewald
`Oliff PLC
`277 S. Washington St., Ste. 500
`Alexandria, VA 22314
`Telephone: 703-836-6400
`Email: pewald@oliff.com
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`Gree, Inc.
`Ex. 2005
`Page 3
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`CERTIFICATE OF SERVICE
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`In accordance with 37 C.F.R. § 42.6(e), I certify that I caused to be served
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`on counsel for Petitioner a true and correct copy of the foregoing Patent Owner’s
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`Mandatory Notices Pursuant to 37 C.F.R. §42.8 by email on the date below at the
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`following address of record:
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`Jennifer R. Bush
`Michael J. Sacksteder
`Fenwick & West LLP
`JBush-PTAB@fenwick.com
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`Dated: June 21, 2018
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`Respectfully submitted,
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`/Jesse O. Collier/
`Jesse O. Collier, Reg. No. 53,839
`Attorney for Patent Owner
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`Gree, Inc.
`Ex. 2005
`Page 4
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