`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`WESTERN DIGITAL CORPORATION,
`Petitioner
`v.
`SPEX TECHNOLOGIES, INC.
`Patent Owner
`
`_________________________
`CASE NO: IPR2018-00082
`U.S. PATENT: 6,088,802
`_________________________
`
`DECLARATION OF FRANK P. COTÉ
`IN SUPPORT OF PETITIONER’S UNOPPOSED
`MOTION FOR PRO HAC VICE ADMISSION
`
`WESTERN DIGITAL CORPORATION, EXHIBIT 1025
`WESTERN DIGITAL CORP. v. SPEX, TECHNOLOGIES, INC.
`IPR2018-00082
`Page 1 of 4
`
`
`
`I, Frank P. Coté, declare as follows:
`
`1.
`
`2.
`
`I am an attorney licensed to practice law in the State of California.
`
`I am Of Counsel at the law firm of Gibson Dunn & Crutcher LLP and
`
`have litigated cases relating to patents for the past 18 years.
`
`3.
`
`I am a member in good standing of the State Bar of California, among
`
`other courts, including the U.S. District Courts for the Central, Northern, Southern,
`
`and Eastern Districts of California; the Eastern District of Texas; and the United
`
`States Courts of Appeals for the Ninth and Federal Circuits.
`
`4.
`
`I am a member of good standing in all jurisdictions in which I have
`
`been admitted to practice.
`
`5.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`6.
`
`I have never had an application denied for admission to practice
`
`before any court or administrative body.
`
`7.
`
`I have never had any sanctions or contempt citations imposed against
`
`me by a court or administrative body.
`
`8.
`
`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.
`
`Page 2 of 4
`
`
`
`9.
`
`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).
`
`10.
`
`In the last 3 years, I have not appeared pro hac vice before the Patent
`
`Trial and Appeal Board.
`
`11.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. As an initial matter, I have worked closely with Brian M. Buroker,
`
`lead counsel for Petitioner in this matter.
`
`12. Additionally, I am familiar with the matters involved in and
`
`implicated by these proceedings, including U.S. Patent No. 6,088,802 (“the ’802”)
`
`patent”) and its file history, the prior art presented in the petition, and the legal and
`
`factual issues raised by Petitioner in this proceeding. I am also counsel of record
`
`for Petitioner in a co-pending district court litigation, SPEX Technologies, Inc. v.
`
`Western Digital Corporation, et al., Case No. 8:16-cv-01799-JVS-AGR (Central
`
`District of California – Southern Division), in which the ’135 patent is asserted.
`
`Through that litigation, I have acquired substantial understanding of the underlying
`
`legal and technological issues at stake in this proceeding.
`
`I hereby declare that all statements made herein based on my own
`
`knowledge are true; that all statements made on information and belief are believed
`
`to be true; and further that all statements herein are made with the knowledge that
`
`Page 3 of 4
`
`
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
`
`DATED: September 27, 2018
`
`Respectfully submitted,
`
`/s/ Frank P. Cote
`
`Frank P. Coté (pro hac vice)
`GIBSON, DUNN & CRUTCHER LLP
`3161 Michelson Drive
`Irvine, CA 92612-4412
`Tel: 949.451.4090
`fcote@gibsondunn.com
`
`Page 4 of 4
`
`
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