Case No. IPR2018-00150
`U.S. Patent No. 9,559,852
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`InAuth, Inc.,
`Petitioner
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`v.
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`mSIGNIA, Inc.,
`Patent Owner
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`Case IPR2018-00150
`U.S. Patent 9,559,852
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`____________
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`EXHIBIT 2001
`DECLARATION OF KENNETH G. PARKER IN SUPPORT OF
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE
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`U.S. Patent No. 9,559,852
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`InAuth, Inc.,
`Petitioner
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`v.
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`mSIGNIA, Inc.,
`Patent Owner
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`____________
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`Case IPR2018-00150
`U.S. Patent 9,559,852
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`____________
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`EXHIBIT 2001
`DECLARATION OF KENNETH G. PARKER IN SUPPORT OF
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE
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` I, Kenneth G. Parker, declare as follows:
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`Case No. IPR2018-00150
`U.S. Patent No. 9,559,852
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`1. I am a member in good standing of the Bar for the State of California,
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`2. U.S. District Court for the Central District of California, U.S. District Court for
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`the Southern District of California, U.S. District Court for the Eastern District
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`of California, U.S. District Court for the Northern District of California, U.S.
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`Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Ninth
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`Circuit, U.S. Court of Appeals for the Second Circuit, U.S. District Court for
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`the Southern District of Ohio, U.S. District Court for the Western District of
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`Oklahoma, U.S. District Court for the Southern District of New York, U.S.
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`District Court for the Eastern District of New York, U.S. District Court for the
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`Eastern District of Texas and U.S. District Court for the Middle District of
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`Florida.
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`3. I have been litigating patent cases for twenty-two years, and have litigated
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`patent proceedings in the U.S. District Courts for the Northern, Southern and
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`Central Districts of California, Eastern District of Texas, District of Delaware,
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`Southern District of New Jersey, Middle and Southern Districts of Florida, and
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`Western District of Oklahoma. I have never been suspended or disbarred by
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`any court or administrative body.
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`4. I have never had a court or administrative body deny my application for
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`admission to practice.
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`5. Except as set forth below, I have never been held in contempt by any court or
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`Case No. IPR2018-00150
`U.S. Patent No. 9,559,852
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`administrative body. On June 8, 2015, a discovery referee in Orange County
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`California issued an order for sanctions concerning a deposition that I, and
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`another counsel for my client, had jointly defended. The matter involved four
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`consolidated actions and was styled as Young v. D'elia, Case No. 30-2013-
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`00659963 (Ca. Sup. Ct.). Of the four consolidated actions, I was counsel in
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`only one of them. The deposition involved all four separate matters, and, since
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`I was counsel of record only for one of the matters, my co-counsel also stated
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`objections on the record. The deposition witness was an in-house counsel of
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`our client, and the transcript reflected objections on the basis of attorney client
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`privilege. At approximately 4pm in the afternoon, my co-counsel stated that he
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`was terminating the deposition, and the deposition was terminated. Our
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`opposing counsel later brought a motion for sanctions relating to the
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`termination of the deposition and other issues, which was granted, in the
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`amount of $12,200. The sanctions were issued jointly and severally against
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`both myself and my co-counsel, and were later approved by the California
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`Superior Court without comment. I paid half of the sanctions penalty, and the
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`case proceeded without any further sanctions from the Court. Aside from this, I
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`have never been sanctions either before or since by any other court or
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`administrative body. I have spent twenty years litigating in federal courts, and I
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`Case No. IPR2018-00150
`U.S. Patent No. 9,559,852
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`have never been sanctioned or even been the subject of an effort to obtain
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`sanctions in federal court.
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`6. I have read and will comply with the Office Patent Trial Practice Guide and the
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`Board’s Rules of Practice for Trials set for in part 42 of the Code of Federal
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`Regulations.
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`7. I agree to be subject to the United States Patent and Trademark Office’s Rules
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`of Professional Conduct which took effect on May 3, 2013, and all other
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`applicable rules and procedures.
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`8. I applied and was admitted to appear pro hac vice before the Office in seven
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`separate IPR proceedings on behalf of TAS Energy, Inc.: IPR2015-01665,
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`IPR2014-00161, IPR2014-00162, IPR2014-00163, IPR2014-00342, IPR2015-
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`00882, and IPR2015-00886. All seven of the IPR proceedings in which I was
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`previously admitted pro hac vice were on behalf of TAS Energy, Inc. In
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`addition, I was listed as backup counsel (pro hac vice pending) in TAS Energy's
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`Mandatory Notices for IPR2015-01212 and IPR 2015-01214, but TAS Energy
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`elected to substitute counsel before I filed my motion for pro hac vice
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`admission, and thus I did not appear pro hac vice in those matters. I was also
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`admitted pro hac vice in IPR2015-01109 and IPR2015-01192. Those
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`proceedings are unrelated to this matter and have since been terminated. I have
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`not applied to appear pro hac vice before the Office in any other matters in the
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`last three years.
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`Case No. IPR2018-00150
`U.S. Patent No. 9,559,852
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`9. I am familiar with the subject matter at issue in this proceeding. I am lead
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`counsel for Patent Owner in the underlying district court proceedings: Case No.
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`8:17-cv-01289 in the Central District of California.
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`10. I have appeared in the above-identified district court. In connection with these
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`matters, I have familiarized myself with the patent at issue, its underlying file
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`history, the background technology, and the prior art references at issue.
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` I declare under penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct.
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`Date: November 29, 2017
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`Respectfully submitted,
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`/Kenneth G. Parker/
`Kenneth G. Parker
`HAYNES AND BOONE, LLP
`600 Anton Blvd., Suite 700
`Costa Mesa, CA 92626
`Phone: (949) 202-3000
`Fax: (949) 202-3001
`kenneth.parker@haynesboone.com
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