UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`THE BOEING COMPANY,
`Petitioner
`
`V.
`
`SEYMOUR
`
`Patent Owner
`
`CASE: IPRZOI 5-0134].
`
`Patent No. RE39,618
`
`DECLAIQXTION OF EDWARD G. DANE IN
`
`SUPPORT OF MOTION FOR PRO HAC VICE
`
`ADDMISSION UNDER 37 C.F.R. § 42.10
`
`

`
`lPR20l5—0l341
`
`Patent iRE39,6l 8
`
`I, Edward (Ted) G. Dane, declare and attest as follows:
`
`1.
`
`I am a member of the firm l\/Iunger, Tolles & Olson LLP.
`
`1 make this
`
`declaration in support of Petitioner The Boeing Company’s Motion for Edward (Ted)
`
`G. Dane to Appear Pro [-106 Vice Under 37 C.F.R. § 42.10, filed in the above-
`
`captioned [PR No. 2015-Ol 341.
`
`2.
`
`I have more than twenty years of litigation experience and have litigated
`
`numerous patent cases.
`
`I have argued several TRO applications, preliminary
`
`injunction motions, and ]l/Iarkman hearings in patent cases in federal district court.
`
`I
`
`have also argued four patent appeals before the United States Court of Appeals for the
`
`Federal Circuit, and appeared as counsel on numerous other appeals before the Federal.
`
`Circuit. Attached as Exhibit A is a copy of my professional biography as provided by
`
`Munger, Tolles & Olson LLP.
`
`3.
`
`I am counsel of record for Petitioner The Boeing Company in concurrent
`
`pending federal district court litigation involving the same U.S. Patent No. RE39,6l8
`
`(“the ’6l8 Patent”). See Seymour Levine v. The Boeing Company, Case No. 2:14-cv-
`
`l99l—RSL (W.D. Wash). Attached as Exhibit B is a copy of the docket from that
`
`proceeding, which shows that I have appeared as lead. counsel in that lawsuit on behalf
`
`of The Boeing Company.
`
`I am very familiar with the ’6l 8 Patent and the subject
`
`matter of the current in/"er parres review proceeding as a result of my position as The
`
`Boeing Co1npany’s lead counsel in the concurrent district court litigation.
`
`4.
`
`I was admitted to practice law in California on December l l, 1989. My
`
`bar number is No. 143195.
`
`I remain in good standing as a member of the Cal.iforni.a
`
`Bar. Attached as Exhibit C is a copy of my bar status from The State Bar of
`
`California.
`
`5.
`
`I have been admitted to the practice in the following courts:
`
`

`
`a.
`
`b.
`
`c.
`
`cl.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`j.
`
`l<.
`
`1.
`
`U SDC, E.D. Texas, Marshall Division
`
`USDC, E.D. Texas, Texarkana Division
`
`USCD, C.D. California
`
`USDC, E.D. California
`
`USDC, S.D. California
`
`USDC, N.D. California
`
`USDC, D. Arizona
`
`USDC, D. North Dakota
`
`USDC, N.D. Illinois
`
`USDC, D. Delaware
`
`USDC, S.D. Florida
`
`U.S. Court of Appeals, Federal Circuit
`
`in.
`
`U.S. Court of Appeals, 7th Circuit
`
`11.
`
`0,
`
`U.S. Court of Appeals, 9th Circuit
`
`U.S. Supreme Court
`
`6.
`
`I have never been suspended or disbarred by any court or administrative
`
`body. Nor have I ever been disciplined by a court, bar association, or committee
`
`thereof that would reflect unfavorably upon my conduct, competency or fitness as a
`
`member of the Bar. No sanctions or contempt citations have been imposed upon me
`
`by any court or administrative body. With the exception of one application for pro hac
`
`vice admission. discussed irifirz at ‘El 7, I have never been denied application for
`
`admission to practice before any court or administrative body.
`
`7.
`
`I have previously been authorized to appear pro /vac vice before the
`
`Board of Patent Appeals and lInterfe1'ences. In Alien Technology Corporation v.
`
`lntermea, Inc. at a/., Appeal 2012-005401., Reexam.in.at.ion Control No. 95/001,265
`
`(B.P.A.lI. 2012), I filed an application for pro hac vice admission that was initially
`
`denied. Upon the tiling ofa subsequent request and accompanying declaration, the
`
`

`
`Board granted my ap_pli.catio1i and authorized my appearance pro hac vice in the oral
`
`hearing in that matter.
`
`8.
`
`I have read and will comply with the Office Patent Trial Practice Guide
`
`and the Board’s Rules of Practice for Trials set foith in pait 42 of 37 CPR. I also
`
`understand that I am subject to the USPTO Rules of Professional Conduct set forth in
`
`37 CFR.
`
`1 1.101 et seq. and disciplinary jurisdiction under 37 C.F.R.
`
`ll.l9(a).
`
`9.
`
`I unclerstand that I would be admitted for the limited purpose of
`
`appearing in the ease specified above only.
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`Executed on January 12, 2016 in Los Angeles, California.
`
`
`
`Edward (Ted) G; Dane
`
`

`
`EXHIBIT A
`
`999999999999oc
`
`

`
`Ted Dane
`
`Page 1 of 1
`
`M UNGER
`TOLLES &
`OLSON l.l_P
`
`Ted Dane
`Los Angeles
`T: (213) 683-9288
`fa»ci.Dane@Io.cor_rj
`
`Practice Areas
`
`I
`I
`
`Litigation
`Patent
`
`Education
`I
`Stanford University
`(J.D., 1989)
`Order of the Coif
`I Harvard University
`(B.A., magna cum Iaude, 1986)
`Phi Beta Kappa
`
`Clerkshlps
`I
`Judge Harry T. Edwards, U.S. Court of
`Appeals, District of Columbia Circuit, 1990-
`91
`
`Bar Admissions
`I California
`
`Ted Dane
`Ted Dane was born in Yonkers. New York in 1964. He became a partner at Munger, Toiles & Olson in 1997.
`
`Mr. Dane received his A.B. degree in English in 1986 from Harvard University (magna cum laude). where he
`was elected to Phi Beta Kappa. Mr. Dane received his J.D. in 1989 from Stanford University, where he was
`elected to the Order of the Coif.
`
`After spending a year as an associate at 0'Melveny & Myers, Mr. Dane served as a law clerk to the
`Honorable Harry Edwards of the District of Columbia Court of Appeals during the 1990-1991 term.
`
`For seven months in 1998-99, Mr. Dane left Munger Toiles temporarily to work as senior litigation counsel at
`Warner Bros. During that time period. Mr. Dane was responsible for overseeing and managing claims and
`lawsuits involving Warner Bros. and its affiliated companies. Mr. Dane rejoined the partnership at Munger
`Toiles in June 1999.
`
`Throughout his practice at Munger Toiles, Mr. Dane has specialized in complex civil litigation. Mr. Dane's
`principal areas of practice are intellectual property. including patent. copyright and trademark litigation.
`entertainment law and antitrust.
`
`Specific cases Mr. Dane has handled recently include:
`
`-= Representation of Alien Technologies Corp., in patent infringement litigation involving radio frequency
`identification (RFID) technology.
`» Representation of Medegen MMS |nc., in an appeal of an adverse judgment in patent litigation suit
`involving technology relating to medical devices.
`= Representation of Verizon Services Corp., in patent infringement litigation involving telecommunications
`technology.
`-= Representation of Abbott Laboratories. in several patent lawsuits involving pharmaceutical products.
`= Representation of Creative Laboratories Inc., in patent litigation involving computer sound card
`technology.
`« Representation of Tumbleweed Communications Corp., in patent lawsuits regarding software method for
`secure e-mail transmission.
`
`« Representation of Southern California Edison, in patent litigation involving operation of a nuclear power
`plant.
`v Representation of Microsoft Corp., in antitrust litigation relating to digital media technology.
`» Representation of Occidental Petroleum, in business arbitration involving a joint venture for operation of a
`California power plant.
`- Representation of Universal Studios, in litigation involving rights to the "Alvin and the Chipmunks"
`characters.
`
`Mr. Dane has also represented ABC. Briilstein-Grey Entertainment, National Medical Enterprises, Planet
`Hollywood, Salomon Bros., the Seattle Seahawks and numerous other clients in the prosecution and
`defense of complex commercial cases in both state and Federal court.
`
`0 Munger. Toiles ll. Olson LLP All Rights Reserved
`
`http://www_.mto.com/lawyers/Ted-Dane
`
`1/11/2016
`
`

`
`EXHIBIT B
`
`999999999999oc
`
`

`
`1/11/2016
`
`WAWD CM/ECF Version 6.1
`
`CLOSED,PROTO,STAYED
`
`United States District Court for the Western District of Washington (Seattle)
`CIVIL DOCKET FOR CASE #: 2:14-cv-01991-RSL
`
`U.S. District Court
`
`Levine v. The Boeing Company
`Assigned to: Judge Robert S. Lasnik
`Case in other court: Illinois Northern, 1:14-cv-075 87
`
`Cause: 352145 Patent Infringement
`
`Date Filed: 12/29/2014
`
`Date Terminated: 01/05/2016
`
`Jury Demand: Both
`Nature of Suit: 830 Patent
`
`Jurisdiction: Federal Question
`
`Plaintiff
`
`Seymour Levine
`an individual
`
`represented by Amar L. Thakur
`QUINN EMANUEL URQUHART &
`SULLIVAN (LA)
`865 S FIGUEROA ST, 10TH FLOOR
`LOS ANGELES, CA 90017
`213-443-3263
`
`Email: amarthakur@quinnemanuel.com
`LEAD A TTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Frederick A. Lorig
`QUINN EMANUEL URQUHART &
`SULLIVAN (LA)
`865 S FIGUEROA ST, 10TH FLOOR
`LOS ANGELES, CA 90017
`213-443-3000
`
`Email:
`
`frederick1orig@quinnemanuel.com
`LEAD A TTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Bruce R Zisser
`
`QUINN EMANUEL URQUHART &
`SULLIVAN (LA)
`865 S FIGUEROA ST, 10TH FLOOR
`LOS ANGELES, CA 90017
`213-443-3434
`
`Email: brucezisser@quinnemanuel.com
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`David Aaron Nelson
`
`Quinn Emanuel Unquhart Oliver &
`
`https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.p|?370786915980199-L_1_0-1
`
`1/10
`
`

`
`1/11/2016
`
`WAWD CM/ECF Version 6.1
`
`Hedges LLP
`500 West Madison, Suite 2450
`Chicago, IL 60661
`(312)704-7400
`Email: davene1son@quinnemanue1.com
`TERMINA TED: 01/06/2 0 I 5
`
`Jenny A Durkan
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`
`600 UNIVERSITY STREET, SUITE
`2800
`
`SEATTLE, WA 98101
`206-617-1031
`
`Email: jennydurkan@quinnemanue1.com
`ATTORNEY TO BE NOTICED
`
`V.
`
`Defendant
`
`The Boeing Company
`a Delaware Corporation
`
`represented by Edward G. Dane
`MUNGER TOLLES & OLSON (L.A.)
`355 SOUTH GRAND AVE
`
`35TH FLOOR
`
`LOS ANGELES, CA 90071-1560
`213-683-9100
`
`Email: Ted.Dane@mto.com
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Peter E. Gratzinger
`MUNGER TOLLES & OLSON (L.A.)
`355 SOUTH GRAND AVE
`
`35TH FLOOR
`
`LOS ANGELES, CA 90071-1560
`213-683-9513
`
`Email: peter.gratzinger@mto.com
`LEAD A TTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Rohit K. Singla
`MUNGER TOLLES & OLSON (SF)
`560 MISSION STREET
`
`27TH FLOOR
`
`SAN FRANCISCO, CA 94105-2907
`415-512-4032
`
`Email: rohit.sing1a@mto.com
`LEAD ATTORNEY
`
`https :/Iecf.wawd.us courts .gov/cgi-bi n/DktR pt.pl?370786915980199- L_1_0- 1
`
`2/10
`
`

`
`1/11/2016
`
`WAWD CM/ECF Version 6.1
`
`PR0 HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Adam R. Lawton
`
`MUNGER TOLLES & OLSON (L.A.)
`355 SOUTH GRAND AVE
`
`35TH FLOOR
`
`LOS ANGELES, CA 90071-1560
`213-683-9100
`
`Fax: 213-687-3702
`
`Email: adam.lawton@mto.com
`PRO HAC VICE
`
`ATTORNEY T0 BE NOTICED
`
`Jonathan R Buck
`
`PERKINS COIE (IL)
`131 S DEARBORN ST
`
`STE 1700
`
`CHICAGO, IL 60603
`312-324-8400
`
`Email: JBuck@perkinscoie.com
`ATTORNEY TO BE NOTICED
`
`Ryan McBrayer
`PERKINS COIE (SEA)
`1201 3RD AVE
`
`STE 4900
`
`SEATTLE, WA 98101-3099
`206-359-3073
`Email: RMcBrayer@perkinscoie.com
`ATTORNEY TO BE NOTICED
`
`Date Filed
`
`# Docket Text
`
`09/29/2014
`
`09/29/2014
`
`09/29/2014
`
`09/29/2014
`
`09/29/2014
`
`
`
`COMPLAINTfor Patent Infiingement filed by Seymour Levine; Jury Demand.
`Filing fee $ 400, receipt number 0752-9909043. (Attachments: # 1 Exhibit A -
`USRE039618E)(Nelson, David) [Transferred from ilnd on 1/5/2015.] (Entered:
`09/29/2014)
`
`
`CIVIL Cover Sheet (Nelson, David) [Transferred from ilnd on 1/5/2015.] (Entered:
`09/29/2014)
`ATTORNEY Appearance for Plaintiff Seymour Levine by David Aaron Nelson
`(Nelson, David) [Transferred from ilnd on 1/5/2015.] (Entered: 09/29/2014)
`
`Notice of Claims Involving Patents by Seymour Levine (Nelson, David)
`[Transferred from ilnd on 1/5/2015.] (Entered: 09/29/2014)
`
`CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge
`the Honorable Sheila M. Finnegan. (nsf, ) [Transferred from ilnd on 1/5/2015.]
`(Entered: 09/30/2014)
`
`https ://ecf.wawd.uscourts .gov/cgi- bl n/D ktR pt.p|?370786915980199- L_1_0- 1
`
`3/10
`
`

`
`1/11/2016
`
`WAWD CM/ECF Version 6.1
`
`SUMMONS Issued as to Defendant The Boeing Company (pg, ) [Transferred Er?
`ilnd on 1/5/2015.] (Entered: 09/30/2014)
`
`MAILED patent report to Patent Trademark Office, Alexandria VA (mr, )
`[Transferred from ilnd on 1/5/2015.] (Entered: 09/30/2014)
`MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- I
`9913958. (Lorig, Frederick) [Transferred from ilnd on 1/5/2015.] (Entered:
`09/30/2014)
`MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- _
`9914033. (Zisser, Bruce) [Transferred from ilnd on 1/5/2015.] (Entered:
`09/30/2014)
`
`
`I
`
`MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-
`9916851. Motion for Leave to Appear Pro Hac Vice Amar T/zakur (Thakur, Amar)
`[Transferred from ilnd on 1/5/2015.] (Entered: 10/01/2014)
`
`ORDER: The initial status conference in this matter is set for 11/25/2014 at 9:30
`AM. The parties are directed to review the procedures and requirements for this
`conference on Judge Ellis’ web site and to submit the required Initial Status Report
`by 11/18/2014. Motion by Frederick A. Lorig for leave to appear pro hac vice 6 is
`granted. Motion by Bruce R. Zisser for leave to appear pro hac vice 1 is granted.
`Signed by the Honorable Sara L. Ellis on 10/ 1/2014. Mailed notice(mr, )
`[Transferred from ilnd on 1/5/2015.] (Entered: 10/02/2014)
`
`ORDER: Motion by Amar L. Thakur for leave to appear pro hac vice 8 is granted.
`Signed by the Honorable Sara L. Ellis on 10/2/2014. Mailed notice(mr, )
`[Transferred from ilnd on 1/5/2015.] (Entered: 10/03/2014)
`MOTION for Leave to Appear Pro Hac Vice Filing fee 3% 50, receipt number 0752--
`9926807. (Singla, Rohit) [Transferred from ilnd on 1/5/2015.] (Entered:
`10/03/2014)
`
`ORDER: Motion by Rohit K. Singla for leave to appear pro hac vice 1_1 is granted.
`Signed by the Honorable Sara L. Ellis on 10/6/2014. Mailed notice(mr, )
`[Transferred from ilnd on 1/5/2015.] (Entered: 10/07/2014)
`SUMMONS Returned Executed by Seymour Levine as to The Boeing Company on
`10/8/2014, answer due 10/29/2014. (Nelson, David) [Transferred from ilnd on
`1/5/2015.] (Entered: 10/15/2014)
`
`MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-
`9969297. (Lawton, Adam) [Transferred from ilnd on 1/5/2015.] (Entered:
`10/17/2014)
`
`ORDER: Motion by Adam R. Lawton for leave to appear pro hac vice on behalf of
`The Boeing Company 14 is granted. Signed by the Honorable Sara L. Ellis on
`10/20/2014. Mailed notice(mr, ) [Transferred from ilnd on 1/5/2015.] (Entered:
`10/21/2014)
`MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-“
`9992640. (Gratzinger, Peter) [Transferred from ilnd on 1/5/2015.] (Entered:
`10/24/2014)
`
`10/01/2014
`
`10/01/2014
`
`loo
`
`I!)
`
`10/02/2014
`
`1
`
`10/03/2014
`
`10/06/2014
`
`_
`
`10/15/2014
`
`10/17/2014
`
`10/20/2014
`
`10/24/2014
`
`I3
`
`1
`
`https://ecf.w‘awd.us courts.gov/cgl-bin/D ktR pt.p|?370786915980199- L_1_0-1
`
`4/10
`
`
`
`
`
`
`09/30/2014
`
`09/30/2014
`
`09/30/2014
`
`09/30/2014
`
`

`
`1/11/2016
`
`10/28/2014
`
`10/29/2014
`
`10/29/2014
`
`10/30/2014
`
`10/30/2014
`
`11/03/2014
`
`WAWD CM/ECF Version 6.1
`
`1_7 ATTORNEY Appearance for Defendant The Boeing Company by Jonathan R
`Buck (Buck, Jonathan) [Transferred from ilnd on 1/5/2015.] (Entered: 10/28/2014)
`
`1_8 ANSWER to Complaint with Jury Demand by The Boeing Company(Lawton,
`Adam) [Transferred from ilnd on 1/5/2015.] (Entered: 10/29/2014)
`Q NOTIFICATION ofAff11iates pursuant to Local Rule 3.2 by The Boeing Company I
`(Lawton, Adam) [Transferred from ilnd on 1/5/2015.] (Entered: 10/29/2014)
`
`2_0 MOTION by Defendant The Boeing Company for extension of time and
`Stipulation to Extend Time for Patent Disclosures (Unopposed? (Buck, Jonathan)
`[Transferred from ilnd on 1/5/2015.] (Entered: 10/30/2014)
`
`2_1 NOTICE of Motion by Jonathan R Buck for presentment of extension of time _2_0
`before Honorable Sara L. Ellis on 11/5/2014 at 09:30 AM. (Buck, Jonathan)
`[Transferred from ilnd on 1/5/2015.] (Entered: 10/30/2014)
`
`2_2_ ORDER: Motion by Peter E. Gratzinger for leave to appear pro hac vice 1g is
`granted. Signed by the Honorable Sara L. Ellis on 11/3/2014. Mailed notice(mr, )
`[Transferred from ilnd on 1/5/2015.] (Entered: 11/04/2014)
`
`11/04/2014
`
`1 13
`
`MINUTE entry before the Honorable Sara L. Ellis: Unopposed motion and
`stipulation to extend time for patent disclosures E is granted. Parties are granted a
`30-day extension of time to comply with Rule 2.1 of the Local Patent Rules of the
`Northern District of Illinois. Status hearing of 11/25/14 to stand. No appearance
`required, 11/5/2014. Mailed notice (rj, ) [Transferred from ilnd on 1/5/2015.]
`(Entered: 11/04/2014)
`
`11/11/2014
`
`11/11/2014
`
`11/18/2014
`
`11/19/2014
`
`11/26/2014
`
`_2__ MOTION by Defendant The Boeing Company to transfer case to the Western
`District of Washington Pursuant to 28 US. C. 1404(a) (Attachments: # 1
`Declaration of John B. Maggiore, # 2 Declaration of Rohit K. Singla, # 3 Exhibit 1,
`# 4 Exhibit 2, # 5 Exhibit 3, # Q Exhibit 4, # 1 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit
`7, # Q Exhibit 8, # Q Exhibit 9, # L; Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12,
`# 15 Exhibit 13, # L6 Exhibit 14, # 11 Exhibit 15)(Lawton, Adam) [Transferred
`from ilnd on 1/5/2015.] (Entered: 11/11/2014)
`
`2_5_ NOTICE of Motion by Adam R. Lawton for presentment of motion to transfer
`case,, E before Honorable Sara L. Ellis on 11/ 1 8/2014 at 09:30 AM. (Lawton,
`Adam) [Transferred from ilnd on 1/5/2015.] (Entered: 11/11/2014)
`
`
`E MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on
`11/18/2014 regarding motion to transfer case,, 24 . Briefing schedule as to motion
`to transfer case,, E : Plaintiffs response due by 12/9/2014. Defendant's reply due
`by 12/23/2014. Status hearing set for 3/3/2015 at 9:30 AM for ruling on motion to
`transfer venue. Status hearing set for 11/25/2014 is stricken. Mailed notice (rj, )
`[Transferred from ilnd on 1/5/2015 .] (Entered: 11/18/2014)
`
`2_7 Amended ANSWER to Complaint by The Boeing Company(Lawton, Adam)
`[Transferred from ilnd on 1/5/2015.] (Entered: 11/19/2014)
`
`2_8 MOTION by Plaintiff Seymour Levinefor Clarification and/or Reconsideration of
`Discovery Stay (Attachments: # 1 Exhibit to Motion, # 2 Declaration of Amar L.
`Thakur, # 3 Exhibit A to Declaration of Amar L. Thakur, # 4 Exhibit B to
`Declaration of Amar L. Thakur, # 5 Exhibit C to to Declaration of Amar L. Thakur,
`
`https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pI?370786915980199- L_1_0- 1
`
`5/10
`
`

`
`1/11/2016
`
`WAWD CM/ECF Version 6.1
`
`11/26/2014
`
`12/03/2014
`
`12/04/2014
`
`12/08/2014
`
`# 6 Exhibit D to Declaration of Amar L. Thakur, # 1 Exhibit E to Declaration of
`Amar L. Thakur)(Zisser, Bruce) [Transferred from ilnd on 1/5/2015.] (Entered:
`11/26/2014)
`
`NOTICE of Motion by Bruce R Zisser for presentment of motion for miscellaneous
`relief, 2_8 before Honorable Sara L. Ellis on 12/4/2014 at 01:30 PM. (Zisser, Bruce)
`[Transferred from ilnd on 1/5/2015.] (Entered: 11/26/2014)
`
`RESPONSE by The Boeing Companyin Opposition to MOTION by Plaintiff
`Seymour Levinefor Clarification and/or Reconsideration of Discovery Stay A
`(Attachments: # 1 Declaration of Rohit K. Singla, # 2 Exhibit 1, # 3 Exhibit 2, # 4
`Exhibit 3)(Lawton, Adam) [Transferred from ilnd on 1/5/2015.] (Entered:
`12/03/2014)
`
`
`MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on
`12/4/2014. Plaintiff Seymour Levine's motion for clarification and/or
`reconsideration of court's order re discovery 2_8 is denied for the reasons stated in
`open court. Next status date set for March 3, 2015 at 9:30 AM for ruling on motion
`to transfer venue. Mailed notice (rj, ) [Transferred from ilnd on 1/5/2015.]
`(Entered: 12/08/2014)
`
`RESPONSE by Seymour Levine to MOTION by Defendant The Boeing Company
`to transfer case to the Western Dist7~z'ct of Washington Pursuant to 28 US. C.
`l404(a) 2_4 Statement ofNon—0pposz'tz'on (Zisser, Bruce) [Transferred from ilnd on
`1/5/2015.] (Entered: 12/03/2014)
`
`12/09/2014
`
`ORDER ; Boeing's Motion to Transfer Venue Pursuant to 28 U.S.C. § l404(a) 24 is
`granted. It is hereby ordered that this action is transferred to the Western District of
`Washington. All pending dates and/or motions are terminated as moot. Signed by
`the Honorable Sara L. Ellis on 12/9/2014. Mailed notice. (ea, ) [Transferred from
`ilnd on 1/5/2015.] (Entered: 12/11/2014)
`E29/2014 _ TRANSFERRED to the Washington Western District Court the electronic record.
`(sj, ) [Transferred from ilnd on 1/5/2015.] (Entered: 12/29/2014)
`
`
`01/05/2015
`
`Ol/05/2015
`
`01/05/2015
`
`Case transferred in from District of Illinois Northern, Case Number 1:l4-cv-
`07587;. (Entered: 01/05/2015)
`
`Judge Robert S. Lasnik added. (l\/IKB) (Entered: 01/05/2015)
`
`3_6_ LETTER from Clerk to counsel re receipt of case from District of Northern Illinois
`and advising of WAWD case number and judge assignment. (MKB) (Entered:
`01/05/2015)
`
`01/06/2015
`
`Per notification from Attorney David Aaron Nelson, he has been terminated.
`(Ll\/IK) (Entered: 01/06/2015)
`
`01/27/2015
`
`01/30/2015
`
`fl NOTICE of Appearance by attorney Jenny A Durkan on behalf of Plaintiff
`Seymour Levine. (Durkan, Jenny) (Entered: 01/27/2015)
`38 APPLICATION OF ATTORNEY Frederick A. Lorig FOR LEAVE TO APPEAR
`PRO HAC VICE for Plaintiff Seymour Levine (Fee Paid) Receipt No. 0981-
`3893015 (Durkan, Jenny) (Entered: 01/30/2015)
`39 ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Frederick A. Lorig for Seymour Levine by William M. McCool. (NOTE
`https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.p|?370786915980199-L_1_0- 1
`
`01/30/2015
`
`6/1 0
`
`

`
`1/11/2016
`
`WAWD CM/ECF Version 6.1
`
`T0 COUNSEL: Local counsel agrees to sign all filings and to be prepared to
`handle the matter, including the trial thereof, in the event the applicant is unable to
`be present on any date scheduled by the court, pursuant to LCR 83.1(d)). (N0
`document associated with this docket entry, text only.)(DS) (Entered: 01/30/2015)
`
`APPLICATION OF ATTORNEY Bruce R. Zisser FOR LEAVE TO APPEAR
`PRO HAC VICE for Plaintiff Seymour Levine (Fee Paid) Receipt No. 0981-
`3893177 (Lorig, Frederick) (Entered: 01/30/2015)
`
`ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT
`AND EARLY SETTLEMENT Joint Status Report due by 3/13/2015, by Judge
`Robert S. Lasnik. (KERR) (Entered: 01/30/2015)
`
`ORDER re 40 Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Bruce R. Zisser for Seymour Levine by William M. McCool. (NOTE TO
`COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the
`matter, including the trial thereof, in the event the applicant is unable to be present
`on any date scheduled by the court, pursuant to LCR 83. l(d)). (N0 document
`associated with this docket entry, text only.)(DS) (Entered: 01/30/2015)
`
`APPLICATION OF ATTORNEY Amar L. Thakur FOR LEAVE TO APPEAR
`PRO HAC VICE for Plaintiff Seymour Levine (Fee Paid) Receipt No. 0981-
`3893926 (Lorig, Frederick) (Entered: 01/30/2015)
`
`ORDER re 43 Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Amar L. Thakur for Seymour Levine by William M. McCool. (NOTE TO
`COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the
`matter, including the trial thereof, in the event the applicant is unable to be present
`on any date scheduled by the court, pursuant to LCR 83. 1(d))(N0 document
`associated with this docket entry, text only.)(DS) (Entered: 02/02/2015)
`
`_ NOTICE of Appearance by attorney Ryan McBrayer on behalf of Defendant The
`Boeing Company. (McBrayer, Ryan) (Entered: 02/04/2015)
`
`4_6 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1.
`Filed by The Boeing Company (McBrayer, Ryan) (Entered: 02/04/2015)
`
`
`41 APPLICATION OF ATTORNEY Adam R. Lawton FOR LEAVE TO APPEAR
`PRO HAC VICE for Defendant The Boeing Company (Fee Paid) Receipt No.
`0981-3899139 (McBrayer, Ryan) (Entered: 02/04/2015)
`
`Q APPLICATION OF ATTORNEY Edward G. Dane FOR LEAVE TO APPEAR
`PRO HAC VICE for Defendant The Boeing Company (Fee Paid) Receipt No.
`0981-3 899186 (McBrayer, Ryan) (Entered: 02/04/2015)
`
`
`
`
`
`£2 APPLICATION OF ATTORNEY Peter E. Gratzinger FOR LEAVE TO APPEAR
`PRO HAC VICE for Defendant The Boeing Company (Fee Paid) Receipt No.
`0981-3899198 (McBrayer, Ryan) (Entered: 02/04/2015)
`
`§_Q APPLICATION OF ATTORNEY Rohit K. Singla FOR LEAVE TO APPEAR
`PRO HAC VICE for Defendant The Boeing Company (Fee Paid) Receipt No.
`0981-3899242 (McBrayer, Ryan) (Entered: 02/04/2015)
`
`01/30/2015
`
`01/30/2015
`
`01/30/2015
`
`01/3 0/2015
`
`02/02/2015
`
`02/04/2015
`
`02/04/2015
`
`02/04/2015
`
`02/04/2015
`
`02/04/2015
`
`02/04/2015
`
`02/05/2015
`
`ORDER re 4_7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`
`https://ecf.wawd.uscourts.gov/cgi-binlDktRpt.p|?370786915980199-L_1_0-1
`
`7/10
`
`

`
`1/11/2016
`
`WAWD CM/ECF Version 6.1
`
`
`
`Attorney Adam R. Lawton for The Boeing Company, by Clerk of Court, William
`M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to
`be prepared to handle the matter, including the trial thereof, in the event the
`applicant is unable to be present on any date scheduled by the court, pursuant to
`LCR 83.l(d)). (N0 document associated with this docket entry, text only.)(LMK)
`(Entered: 02/05/2015)
`
`ORDER re _4_8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Edward G. Dane for The Boeing Company, by Clerk of Court, William
`M. McCool.(NOTE TO COUNSEL: Local counsel agrees to sign all filings and to
`be prepared to handle the matter, including the trial thereof, in the event the
`applicant is unable to be present on any date scheduled by the court, pursuant to
`LCR 83.l(d)). (N0 document associated with this docket entry, text only.)(LMK)
`(Entered: 02/05/2015)
`
`ORDER re 4_9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Peter E. Gratzinger for The Boeing Company, by Clerk of Court, William M.
`McCool.(NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be
`prepared to handle the matter, including the trial thereof, in the event the applicant
`is unable to be present on any date scheduled by the court, pursuant to LCR
`83.1(d)).(N0 document associated with this docket entry, text only.)(LMK)
`(Entered: 02/05/2015)
`
`
`
`5/7/2015
`
`‘02/05/2015
`
`02/05/2015
`
`03/13/2015
`
`ORDER re 50 Application for Leave to Appear Pro Hac Vice. The Court ADMITS
`Attorney Rohit K. Singla for The Boeing Company by Clerk of Court, William M.
`McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be
`prepared to handle the matter, including the trial thereof, in the event the applicant
`is unable to be present on any date scheduled by the court, pursuant to LCR
`83. 1 (d)). (N0 document associated with this docket entry, text only.)(LMK)
`(Entered: 02/05/2015)
`JOINT STATUS REPORT signed by all parties estimated Trial Days: 7 to 10.-
`(Zisser, Bruce) (Entered: 03/13/2015)
`JOINT STATUS REPORT signed by all parties estimafed Trial Days: 7-16. Filed
`by Plaintiff Seymour Levine. (Attachments: # ._1_ Federal Circuit E-Discovery Model
`Order)(Zisser, Bruce) (Entered: 03/14/2015)
`MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of -
`Trial: 7-10 days. Jury Trial is set for 10/3/2016 at 9:00 AM in Courtroom 15106
`before Judge Robert S. Lasnik. Statement of asserted claims and preliminary
`infringement contentions due 4/3/2015, Statement of preliminary invalidity
`contentions due 5/3/2015, Joinder of Parties due by 5/18/2015, Amended Pleadings
`due by 5/18/2015 , Opening claim construction briefs due 9/30/2015, Responsive
`claim construction briefs due 10/15/2015, Markman Hearing set for 11/10/2015 at
`9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik, Expert Witness
`Disclosure/Reports under FRCP 26(a)(2) due by 4/16/2016, Rebuttal Expert
`Disclosure/Reports due by 5/16/2016, Discovery completed by 6/15/2016,
`Dispositive motions due by 7/6/2016, Attorney settlement conference to be held by
`6/22/2016, Motions in Limine due by 8/17/2016, Pretrial Order due by 9/3/2016,
`Trial briefs to be submitted by 9/28/2016, Proposed voir dire/jury instructions due
`by 9/28/2016, by Judge Robert S. Lasnik. (KERR) (Entered: 03/20/2015)
`
`
`
`03/14/2015
`
`03/20/2015
`
`https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?370786915980199- L_1_O-1
`
`8/10
`
`

`
`1/11/2016
`
`05/05/2015
`
`WAWD CM/ECF Version 6.1
`
`E STIPULATION AND PROPOSED ORDER to Extend Time to Submit Potential
`Technical Advisors by parties (Attachments: # 1 Proposed Order)(McBrayer, Ryan)
`(Entered: 05/05/2015)
`
`55 ORDER granting parties‘ fl joint motion to extend time to identify potential
`technical advisors by Judge Robert S. Lasnik. (LMK) (Entered: 05/18/2015)
`_ 5_6_ NOTICE JOINT IDENTIFICATION OF POTENTIAL TECHNICAL ADVISORS ;
`filed by Defendant The Boeing Company. (Gratzinger, Peter) (Entered:
`05/26/2015)
`
`fl MOTION to Stay Pending Inter Partes Review by Defendant The Boeing
`Company. (Attachments: # 1 Proposed Order, # 2 Declaration of Adam R. Lawton,
`# 1 Exhibit 1, # 4 Exhibit 2, # 5_ Exhibit 3, # 6 Exhibit 4, # 1 Exhibit 5) Noting Date
`6/19/2015, (Lawton, Adam) (Entered: 06/04/2015)
`
`05/18/2015
`
`I 05/26/2015
`
`06/04/2015
`
`06/ 10/2015
`
`06/10/2015
`
`06/12/2015
`
`
`
`5_8 STIPULATION for Protective Order by parties (Zisser, Bruce) (Entered:
`06/10/2015)
`5_9 STIPULATIONfor Order Regarding the Discovery ofEle‘ct-iionically Stored
`Information by parties (Zisser, Bruce) (Entered: 06/10/2015)
`
`6_0 STIPULATED PROTECTIVE ORDER by Judge Robert S. Lasnik. (LMK)
`(Entered: 06/12/2015)
`
`06/ 12/2015
`
`06/16/2015
`
`Stipulated Order Regarding the Discovery of Electronically Stored Information by
`Judge Robert S. Lasnik. (LMK) (Entered: 06/12/2015)
`A-RESPONSE, by Plaintiff Seymour Levine, to 3 MOTION to Stay Pending Inter
`Partes Review. Oral Argument Requested. (Durkan, Jenny) (Entered: 06/16/2015)
`
`06/16/2015
`
`'
`
`DECLARATION of Bruce R. Zisser filed by Plaintiff Seymour Levine re 5_7
`MOTION to Stay Pending Inter Partes Review (Durkan, Jenny) (Entered:
`06/16/2015)
`
`06/19/2015
`
`07/29/2015
`
`08/06/2015
`
`08/20/2015
`
`08/27/2015
`
`_ REPLY, filed by Defendant The Boeing Company, TO RESPONSE to fl
`MOTION to Stay Pending Inter Partes Review (Lawton, Adam) (Entered:
`06/19/2015)
`
`ORDER denying defendant's fl Motion to Stay without prejudice to a subsequent
`motion should the PTO agree to review the claims of the '618 patent by Judge
`Robert S. Lasnik. (PM) (Entered: 07/29/2015)
`- _ STATEMENT - Joint Claim Construction and Prehearing Statement by Defehndant
`The Boeing Company (Attachments: # 1 Exhibit 1 - Joint Claim Chart)(Lawton,
`Adam) (Entered: 08/06/2015)
`
`_ STIPULATION AND PROPOSED ORDER Re Claim Construction Briefing
`Schedule by parties (Zisser, Bruce) (Entered: 08/20/2015)
`
`_ MINUTE ORDER - The parties shall file a joint report within 14 days of the
`PTAB'S decision. The case management deadlines are hereby STRICKEN. A new
`case management order will be issued after the Court receives the joint status
`report. (KERR) (Entered: 08/27/2015)
`
`12/22/2015
`
`Q Joint STATUS REPORT Regarding Scheduling Order and Parallel PTAB
`
`https2//ecf.wawd.uscourts.gov/cgl-bin/DktRpt.pl?370786915980199-L_1_0-1
`
`9/10
`
`

`
`1/11/2016
`
`WAWD CM/ECF Version 6.1
`
`
` 01/05/2016
`
`
`Proceedings by Defendant The Boeing Company (Attachments: # 1 Exhibit 1, # 2
`Proposed Order)(Lawton, Adam) (Entered: 12/22/2015)
`
`
`
`
`
`ORDER STAYING CASE PENDING INTER PARTES REVIEW by Judge Robert
`s. Lasnik. (RS) (Entered: 01/05/2016)
`
`ORDER staying case and removing case from active caseload by Judge Robert S.
`Lasnik. (RS) (Entered: 01/05/2016)
`
`
`
`
`
`https://ecf.wawd.uscourts.gov/cgI- bl n/D ktR pt.p|?37078691 59801 99- L_1_O-1
`
`10/10
`
`

`
`EXHIBIT C
`
`

`
`State Bar of CA :: Edward George Dane
`
`Page 1 of 2
`
`
`
`Monday, January 11, 2016
`
`ATTORNEY SEARCH
`
`Edward George Dane - #143195
`
`Current Status: Active
`
`This member is active and may practice law in California.
`
`See below for more details.
`
`Profile Information
`
`The following information is from the official records of The State Bar of California.
`
`Bar
`Number:
`
`Address:
`
`143195
`
`Munger Tolles 8- Olson
`LLP
`
`355 S Grand Ave
`Los Angeles, CA 90071-
`155°
`Map it
`
`Phone Number:
`
`(213) 683-9288
`
`Fax Number:
`
`Not Available
`
`e-mail:
`
`Not Available
`
`County:
`
`Los Angeles
`
`District:
`
`District 2
`
`Sections:
`
`Antitrust. UCL and
`Privacy
`Intellectual Property Law
`
`Undergraduate
`Schooh
`
`Law School:
`
`Harvard Univ; Cambridge MA
`
`Stanford Univ Law School;
`Stanford CA
`
`Status History
`
`Effective Date
`Present
`
`Status Change
`Active
`
`9/9/1991
`
`8/1/1990
`
`Active
`
`Inactive
`
`12/11/1989
`
`Admitted to The State Bar of California
`
`Explanation of member status
`
`Actions Affecting Eligibility to Practice Law
`
`Disciplinary and Related Actions
`
`Overview of the attorney discipline system.
`
`This member has no public record of discipline.
`
`Administrative Actions
`
`This member has no public record of administrative actions.
`
`Start New Search »
`
`http://members.ca1bar.ca.gov/fal/Member/Detail/143195
`
`1/1 1/2016