`
`
`
`
`
` Paper ____
`
` Date filed: February 21, 2018
`
`Filed on behalf of: Nichia Corp.
`
`
`
`
`By: Martin M. Zoltick, Lead Counsel
`Michael H. Jones, Back-up Counsel
`Mark T. Rawls, Back-up Counsel
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: mzoltick@rfem.com
`
` mjones@rfem.com
`
` mrawls@rfem.com
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
` VIZIO INC.,
`Petitioner,
`
`v.
`
`NICHIA CORP.,
`Patent Owner.
`_______________
`
`Case IPR2018-00386
`Patent 9,490,411
`_______________
`
`
`DECLARATION OF ROBERT P. PARKER IN SUPPORT OF
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE
`
`
`
`
`
`
`
`
`Case IPR2018-00386
`Patent 9,490,411
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`I, Robert P. Parker, declare as follows:
`
`1.
`
`I have been practicing in the field of intellectual property, and
`
`particularly, patent litigation, for 24 years.
`
`2.
`
`I am a member in good standing of the Bar of the District of
`
`Columbia. I am admitted to practice in the United States District Courts for the
`
`District of Columbia and Maryland and other federal district courts. I am also
`
`admitted to practice in the United States Court of Appeals for the Federal Circuit.
`
`3.
`
`I have been in private practice since 1985 and have been litigating
`
`patent cases in the International Trade Commission and federal district courts since
`
`1993.
`
`4.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`5.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`6.
`
`No sanctions or contempt citations have ever been imposed against
`
`me by any court or administrative body.
`
`
`
`2
`
`
`
`Case IPR2018-00386
`Patent 9,490,411
`I have read and will comply with the Office Patent Trial Practice
`
`7.
`
`Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42 of 37
`
`C.F.R.
`
`8.
`
`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). I also agree to be subject to the USPTO Rules of Professional Conduct
`
`as set forth in Changes to Representation of Others Before the United States Patent
`
`and Trademark Office; Final Rule, 78 Fed. Reg. 20180 (Apr. 3, 2013) (effective
`
`May 3, 2013).
`
`9.
`
`In the past three (3) years, I have been admitted pro hac vice in the
`
`following proceeding before the United States Patent and Trademark Office:
`
`- VIZIO Inc. v. Nichia Corp., IPR2017-1608; and
`
`- VIZIO Inc. v. Nichia Corp., IPR2017-01623.
`
`10.
`
`I am familiar with the subject matter at issue in this proceeding. I am
`
`lead counsel in the Nichia Corp. v. Lowe’s Home Centers, LLC patent infringement
`
`litigation (Case No. 2:16-cv-01455-JRG), which is pending in the United States
`
`District Court for the Eastern District of Texas and involves the same patent at
`
`issue in this proceeding. I was also lead trial and appellate counsel in the Nichia
`
`Corp. v. Everlight Electronics Co., Ltd. et al. (Case No. 2:13-cv-702-JRG (E.D.
`
`
`
`3
`
`
`
`Case IPR2018-00386
`Patent 9,490,411
`Tex.), affirmed, Nos. 16-1585 & 16-1618 (Fed. Cir.)), a case that involved U.S.
`
`Patent No. 8,530,250, which is related to the patent at issue in this proceeding.
`
`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 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 U.S. Patent
`
`No. 9,490,411.
`
`Date: February 21, 2018
`
`By:---1--=--~ - - -~ -=----------,,,~--=-----
`Robert P. Parker
`ROTHWELL, FIGG, ERNST &
`MANBECK, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Email: rparker@rfem.com
`
`4
`
`
`
`Case IPR2018-00386
`Patent 9,490,411
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 21st day of February, 2018, a true and correct
`
`copy of the foregoing DECLARATION OF ROBERT P. PARKER IN SUPPORT
`
`OF PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE was
`
`served, via electronic mail upon the following counsel of record for Petitioner
`
`VIZIO Inc.:
`
`
`
`
`
`
`
`Gabrielle E. Higgins
`Kathryn N.S. Hong
`ROPES & GRAY LLP
`1900 University Avenue, 6th Floor
`East Palo Alto, CA 94303-2284
`Phone: 650-617-4000
`Facsimile: 650-566-4090
`Email: Gabrielle.Higgins@ropesgray.com
`Kathryn.Hong@ropesgray.com
`
`
`5
`
`
`
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
`
`
`
`
`
`