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`
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`I, Harold H. Davis, Jr., do hereby declare as follows:
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`1.
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`I am a member in good standing of the Bar of California (admitted in 2005),
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`the Bar of Florida (admitted in 1999), the Bar of Maryland (admitted in
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`1999), the Bar of the District of Colombia (admitted in 2000), the Bar of
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`Illinois (admitted in 2003), the Bar of Tennessee (admitted in 2005) as well
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`as the following federal courts:
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`a.
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`b.
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`c.
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`d.
`
`e.
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`f.
`
`g.
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`h.
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`i.
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`j.
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`U.S. Court of Appeals for the Federal Circuit
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`U.S. Court of Appeals for the Ninth Circuit
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`U.S. District Court for the Central District of California
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`U.S. District Court for the Northern District of California
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`U.S. District Court for the Eastern District of Texas
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`U.S. District Court for the District of the District of Columbia
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`U.S. District Court for the District of Maryland
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`U.S. District Court for the Northern District of Illinois
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`U.S. District Court for the Central District of Illinois
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`U.S. District Court for the Western District of Tennessee
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`2.
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`I am a partner at K&L Gates LLP. I am an experienced patent litigation
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`attorney with more than sixteen years of experience. In that time, I have
`
`SAMSUNG ET AL. EXHIBIT 1078
`Samsung et al. v. Elm 3DS Innovations, LLC
`IPR2016-00691
`
`Page 1 of 3
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`
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`served as counsel in numerous patent infringement lawsuits in district courts
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`across the country, before the International Trade Commission, and at the
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`Court of Appeals for the Federal Circuit.
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`3.
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`I have never been suspended or disbarred from practice before any court or
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`administrative body.
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`4.
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`I have never had an application for admission to practice before any court or
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`administrative body denied.
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`5.
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`I have had no sanctions or contempt citations imposed against me by any
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`court or administrative body.
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`6.
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`I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`7.
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`I agree to 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.
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`§ 11.19(a).
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`8.
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`I have not previously applied to appear pro hac vice in any other proceeding
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`before the Board.
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`9.
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`I am very familiar with the subject matter at issue in this proceeding, and
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`particularly with the patent-at-issue in this proceeding, U.S. Patent No.
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`7,474,004 (“the ’004 patent”).
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`Page 2 of 3
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`10.
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`I am currently representing Petitioner SK hynix Inc. in a parallel litigation in
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`the United States District Court for the District of Delaware (Civil Action
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`No. 14-cv-1432), which involves the ’004 patent.
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`11. As counsel for Petitioner SK hynix Inc. in the parallel litigation, I have been
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`actively involved with all aspects of the district court case, including aspects
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`concerning the invalidity of the ’004 patent.
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`12.
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`I hereby declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct, and that all statements
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`made of my own knowledge are true and that all statements made on
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`information and belief are believed to be true. I understand that willful false
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`statements are punishable by fine or imprisonment or both. See 18 U.S.C.
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`§ 1001.
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`
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`Date: September 30, 2016
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`
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`
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`Respectfully submitted,
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`/s/ Harold H. Davis, Jr.
`Harold H. Davis, Jr.
`4 Embarcadero Center
`Suite 1200
`San Francisco, CA 94111-5994
`Telephone: (415) 249-1008
`Facsimile: (415) 882-8220
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`Page 3 of 3
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