`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`SAMSUNG ELECTRONICS CO., LTD.;
`MICRON TECHNOLOGY, INC.; and
`SK HYNIX INC.
`Petitioner
`
`v.
`
`ELM 3DS INNOVATIONS, LLC
`Patent Owner
`
`____________________
`
`Case No. IPR2016-00691
`U.S. Patent No. 7,474,004
`____________________
`
`DECLARATION OF ANDREW B. GROSSMAN
`
`SAMSUNG ET AL. EXHIBIT 1077
`Samsung et al. v. Elm 3DS Innovations, LLC
`IPR2016-00691
`
`Page 1 of 4
`
`
`
`I, Andrew B. Grossman, do hereby declare as follows:
`
`1.
`
`I am a member in good standing of the Bar of California (admitted in 2000),
`
`as well as the following federal courts:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`U.S. Court of Appeals for the Federal Circuit
`
`U.S. Court of Appeals for the Ninth Circuit
`
`U.S. District Court for the Central District of California
`
`U.S. District Court for the Southern District of California
`
`U.S. District Court for the Northern District of California
`
`U.S. District Court for the Eastern District of Texas
`
`2.
`
`I am a partner at Paul Hastings LLP. I am an experienced patent litigation
`
`attorney with more than fourteen years of experience. In that time, I have
`
`served as counsel in numerous patent infringement lawsuits in district courts
`
`across the country, before the International Trade Commission, and at the
`
`Court of Appeals for the Federal Circuit.
`
`3.
`
`I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`4.
`
`I have never had an application for admission to practice before any court or
`
`administrative body denied.
`
`5.
`
`I have had no sanctions or contempt citations imposed against me by any
`
`court or administrative body.
`
`Page 2 of 4
`
`
`
`6.
`
`I have read and will comply with the Office Patent Trial Practice Guide and
`
`the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`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.
`
`§ 11.19(a).
`
`8.
`
`Before the Office, I was admitted pro hac vice in IPR2015-00224. See
`
`Factual Inc. v. Locata LBS LLC, IPR2015-00224, Paper 8 (Jan. 7, 2015). I
`
`have not applied to appear pro hac vice in any other proceeding before the
`
`Office in the last three years.
`
`9.
`
`I am very familiar with the subject matter at issue in this proceeding, and
`
`particularly with the patent-at-issue in this proceeding, U.S. Patent No.
`
`7,474,004 (“the ’004 patent”).
`
`10.
`
`I am currently representing Petitioner Samsung Electronics Co., Ltd. in a
`
`parallel litigation in the United States District Court for the District of
`
`Delaware (Civil Action Nos. 14-cv-1430), which involves the ’004 patent.
`
`11. As counsel for Petition Samsung Electronics Co., Ltd. in the parallel
`
`litigation, I have been actively involved with all aspects of the district court
`
`case, including aspects concerning the invalidity of the ’004 patent.
`
`12.
`
`I hereby declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing is true and correct, and that all statements
`
`Page 3 of 4
`
`
`
`made of my own knowledge are true and that all statements made on
`
`information and belief are believed to be true. I understand that willful false
`
`statements are punishable by fine or imprisonment or both. See 18 U.S.C.
`
`Respectfully submitted,
`
` /Andrew B. Grossman/
`Andrew B. Grossman
`
`555 South Flower Street
`25th Floor
`Los Angeles, CA 90071
`(213) 683-6000
`
`§ 1001.
`
`
`
`Date: September 30, 2016
`
`
`
`
`
`Page 4 of 4
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