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UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`ROCKWELL AUTOMATION, INC., and ROCKWELL AUTOMATION
`TECHNOLOGIES, INC.,
`Petitioners
`
`v.
`
`AUTOMATION MIDDLEWARE SOLUTIONS, INC.
`Patent Owner
`
`
`
`Case IPR2017-00049
`Patent 8,073,557
`Issue Date: December 6, 2011
`Title: MOTION CONTROL SYSTEMS
`_______________
`
`
`AFFIDAVIT IN SUPPORT OF MOTION FOR
`PRO HAC VICE ADMISSION OF KEVIN J. MALANEY
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`4823-9502-5467.1
`
`Rockwell Automation
`Ex. 1033
`RA v. AMS
`IPR2017-00049
`
`

`
`IPR2017-00049
`U.S. Patent No. 8,073,557
`
`
`
`
`
`
`1.
`
`I, Kevin J. Malaney, am more than twenty-one years of age, am
`
`competent to present this affidavit, and have personal knowledge of the facts set
`
`forth herein.
`
`2.
`
`This affidavit is submitted in support of the Petitioner, Rockwell
`
`Automation, Inc. and Rockwell Automation Technologies, Inc., for Pro Hac Vice
`
`Admission.
`
`3.
`
`4.
`
`I am a member in good standing of the Bar of the State of Wisconsin.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`5.
`
`I have never been denied admission to practice before any court or
`
`administrative body.
`
`6.
`
`No court or administrative body has every imposed sanctions or
`
`contempt citations against me.
`
`7.
`
`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 the C.F.R.
`
`8.
`
`I understand that I will be subject to the USPTO Code of Professional
`
`Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a).
`
`
`
`
`
`4823-9502-5467.1
`
`Rockwell Automation
`Ex. 1033
`RA v. AMS
`IPR2017-00049
`
`

`
`IPR2017-00049
`U.S. Patent No. 8,073,557
`
`9.
`
`I have previously applied to appear pro hac vice in a proceeding
`
`before the Office in the last three (3) years. Currently my applications for
`
`admission to appear pro hac vice in IPR2017-00023 and IPR2017-00048
`
`are pending.
`
`10.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding.
`
`11.
`
`I am a member of the trial team in Automation Middleware Solutions,
`
`Inc. v. Rockwell Automation, Inc., and Rockwell Automation Technologies, Inc.,
`
`No. 2:15-cv-1269 (E. D. Tex.); Automation Middleware Solutions, Inc. v. Invensys
`
`Systems, Inc.. et al., No. 2:15-cv-00898 (E. D. Tex.), which involve the same
`
`parties and the same U.S. Patent No. 8,073,557 and subject matter at issue in this
`
`proceeding.
`
`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
`
`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 and the
`
`like are punishable by fine or imprisonment, or both (18 U.S.C. § 1001).
`
`4823-9502-5467.1
`
`Rockwell Automation
`Ex. 1033
`RA v. AMS
`IPR2017-00049
`
`

`
`IPR2017—OO049
`
`U.S. Patent No. 8,073,557
`
`/94(\
`
`Kevin J. Malaney
`FOLEY & LARDNER LLP
`
`777 E. Wisconsin Avenue
`
`Milwaukee, WI 53202
`
`Sworn to and subscribed before me
`this
`day of November 2016.
`
`
`
`4823-9502-54671
`
`Rockwell Automation
`
`Ex. 1033
`
`RA v. AMS
`
`IPR2017—00049

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