`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`ENSIGN US SOUTHERN DRILLING LLC
`Petitioner
`v.
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES
`Patent Owner of Record
`
`________________________
`Case No. IPR2023-00804
`
`Patent No. 10,976,016
`_________________________________
`
`DECLARATION OF NEIL KELLY IN SUPPORT OF MOTION FOR
`ADMISSION PRO HAC VICE
`
` DMS 301739823v1
`
`Petitioner Ensign
`EX1055, IPR2023-00804
`Page 1 of 3
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`
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`Case IPR2023-00804
`Patent 10,976,016
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`I, Neil Kelly, hereby declare as follows:
`
`1.
`
`2.
`
`I am of age and make this declaration upon my personal knowledge.
`
`I am an experienced litigator. I have litigated numerous technical
`
`and other complex commercial cases over the past 30 years and tried several
`
`cases to verdict, judgment, or arbitration award.
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`3.
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`I am counsel to Petitioner. I have been providing Petitioner
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`(privileged) legal advice in connection with U.S. Patent No. 10,976,016 (“the
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`ʼ016 patent”) and related patents in connection with district court litigation
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`between the parties to this IPR. Petitioner has requested that I help to represent
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`it during the remainder of this trial.
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`4.
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`I have an in-depth familiarity with the subject matter at issue in this
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`proceeding, including the lighting systems used at rig sites as a result of my
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`participation as counsel in numerous oil and gas related cases over the past two
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`decades. I have reviewed the patent and the papers and evidence filed by Petitioner.
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`5.
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`I am a member in good standing of the State Bar of Texas, and am
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`admitted to practice before the Southern, Eastern, Northern, and Western
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`Districts of Texas and the Courts of Appeals for the Third and Fifth Circuits.
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` DMS 301739823v1
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`1
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`Petitioner Ensign
`EX1055, IPR2023-00804
`Page 2 of 3
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`Dated: November 13, 2023
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`
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` DMS 301739823v1
`
`Case IPR2023-00804
`Patent 10,976,016
`I have not been suspended or disbarred from practice before any court or
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`6.
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`administrative body.
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`7.
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`I have not had any application for admission to practice before any court
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`or administrative body denied.
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`8.
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`I have not been the subject of any sanctions or contempt citations
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`imposed by any court to administrative body.
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`9.
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`I have read and will comply with the Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trial set forth in part 42 of 37 C.F.R.
`
`10.
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`I will be subject to the USPTO Rules of Professional Conduct set forth
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`in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a).
`
`11.
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`In the last three (3) years, I have not appeared pro hac vice before this
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`administrative body
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`12.
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`I declare under penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct.
`
`
`
` /Neil Kelly/
`Neil Kelly
`nkelly@andrewskurth.com
`Hunton Andrews Kurth LLP
`600 Travis Ste. 4200
`Houston, TX 77002
`Telephone: 713-220-4198
`FAX: 713-220-4285
`
`
`
`
`3
`
`Petitioner Ensign
`EX1055, IPR2023-00804
`Page 3 of 3
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`
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