`
`Filed on behalf of Intel Corporation
`By: Grant K. Rowan, Reg. No. 41,278
`Yung-Hoon Ha, Reg. No. 56,368
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania AVe., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: Grant.Rowan@wilmerhale.com
`Yung-Hoon.Ha@Wilmerhale.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTEL CORPORATION
`
`Petitioner
`
`V.
`
`DSS Technology Management, Inc.
`Patent Owner
`
`Case IPR20 l 6—00289
`
`DECLARATION OF MICHAEL J. SUMMERSGILL IN SUPPORT OF
`MOTION FOR ADMISSION PRO HAC VICE
`
`Intel v. DSS
`Intel V. DSS
`IPR2016-00289
`IPR20l6-00289
`INTEL 1019
`INTEL 1019
`
`
`
`Case No. lPR2016~O0289
`
`1, Michael J. Summersgill, declare as follows:
`
`1.
`
`I am a partner at the law firm of Wilmer Cutler Pickering Hale
`
`& Dorr LLP in Boston, Massachusetts.
`
`2.
`
`I have been practicing law for more than nineteen years. My
`
`practice during that time has focused on intellectual property litigation, and
`
`particularly, patent litigation.
`
`3.
`
`I am a member in good standing of the Bar of the
`
`Commonwealth of Massachusetts, and am admitted to practice before the
`
`Massachusetts Supreme Judicial Court, the United States Courts of Appeal
`
`for the First, Second, Ninth, and Federal Circuits, and the United States
`
`District Court for the District of Massachusetts.
`
`3.
`
`4.
`
`My Massachusetts Bar membership No. is 632816.
`
`I have gained experience with Patent Office rules, regulations, and
`
`procedures by litigating cases involving allegations of inequitable conduct,
`
`prosecution history disclaimer, and other issues for which review of a patent's
`
`prosecution history is critical. See, e.g., Zenon Erzvtl, Inc. v. US. Filter Corp,
`
`Nos. 2006-1266, -1267 (Fed. Cir.) (involving dispute over whether patent was
`
`entitled to priority date of grandparent parent).
`
`6.
`
`I have never been suspended, disbarred, sanctioned or cited for
`
`contempt by any court or administrative body.
`
`2
`
`
`
`Case No. IPR2016—O0289
`
`7.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`8.
`
`I have read and will comply with Office Patent Trial Practice guide
`
`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of the C.F.R.
`
`9.
`
`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. § ll.l9(a).
`
`10.
`
`In the past three years, I have appeared pro hac vice before the United
`
`States Patent and Trademark Office in the following proceedings: Case Nos.
`
`CBM2014—O0028, CBM2014—00O30, CBM2014—0OO33, IPR2015—01811 and
`
`IPR2015-01 812. Petitioner Intel Corp. has moved for my admission pro hac vice
`
`in Case Nos. IPR2016—00287, IPR2016-00288 and IPR2016—0O290 concurrently
`
`with this motion.
`
`11.
`
`I am familiar with the subject matter at issue in this proceeding.
`
`I
`
`participated in the drafting of the Petition filed in this proceeding, and I have
`
`reviewed the papers filed in this proceeding.
`
`12.
`
`I have represented Intel Corporation in multiple patent—related
`
`matters, including the following United States District Court cases: DSS Tech.
`
`Mgmt, Inc. 12. Intel Corp. et al., 6:15—CV—130—JRG (E.D. TeX.), which is related to
`
`and involves the same patent at issue in this proceeding; Memory Integrity, LLC v.
`
`3
`
`
`
`Case No. IPR20l6-00289
`
`Intel Corp, No. 3:15-cv-00262-SI (D. Or.); X2Y Attenuators, LLC v. Intel Corp.et
`
`al., 1:11~cV-00117-CB (W.D. Penn.); and XZY Attenuators, LLC 12. Intel Corp.et
`
`al., 1:11-cV-00218-CB (W.D. Penn.); and the following United States International
`
`Trade Commission case: Certain Microprocessors, Components Thereof and
`
`Products Containing Same, Inv. No. 337-TA-781 (USITC).
`
`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; and further that these statements are made with the knowledge
`
`that willful false statements and the like are punishable by fine, imprisonment, or
`
`both, under Section 1001 of Title 18 of the United States Code.
`
`Respectfully Submitted,
`
`M37650
`
`
`
`Michael J. Summersgill
`WILMER CUTLER PICKERING
`
`HALE AND DORR LLP
`
`60 State Street
`
`Boston, MA 02109
`Michael.Summersgill@wi1merha1e.com
`Tel.: 617-526-6000
`
`Fax: 617-526-5000
`
`March 22, 2016
`
`4
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