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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`GAIN CAPITAL HOLDINGS, INC.,
`Petitioner
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`v.
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`OANDA CORPORATION
`Patent Owner
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`____________
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`Case No. CBM2020-00021
`Patent 8,392,311
`____________
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`DECLARATION OF ERIK DYKEMA
`IN SUPPORT OF PATENT OWNER’S
`MOTION FOR PRO HAC VICE ADMISSION
`OF ERIK DYKEMA UNDER 37 C.F.R. § 42.10(c)
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`OANDA Corp., Exhibit 2001
`Page 2001 - 1
`CBM2020-00021
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`I, Erik Dykema, declare as follows:
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`1.
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`I am an attorney licensed to practice law in the States of New Jersey
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`and New York.
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`2.
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`I am a member in good standing in all jurisdictions where I have been
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`admitted to practice.
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`3.
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`I have never been suspended or disbarred from practice before any court
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`or administrative body.
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`4.
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`I have never had an application denied for admission to practice before
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`any court or administrative body.
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`5.
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`I have never had any sanctions or contempt citations imposed upon me
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`by any court or administrative body.
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`6.
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`I have read and will comply with the Patent Office Trial Practice Guide
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`and 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 U.S.P.T.O. Rules of Professional Conduct
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`set forth 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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`9.
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`I am Of Counsel to the law firm Koning Zollar LLP.
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`I have practiced law in New York for the past 10 years, and the majority
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`OANDA Corp., Exhibit 2001
`Page 2001 - 2
`CBM2020-00021
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`of my practice has consisted of patent litigation and other patent related matters such
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`as PTAB litigation. Representative patent litigations where I have appeared as
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`patent litigation counsel include Wireless Recognition Technologies LLC v. Nokia
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`Corp. et al., 2:10-cv-365 (EDTX 2010), GPNE Corp. v. Amazon.com, Inc., et al.,
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`1:11-cv-426 (DHI 2011), In re: Portable Communication Devices, 337-TA-827
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`(ITC 2012), Tactile Feedback Technology, LLC v. ZTE (USA) Inc., 2:14-cv-943
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`(EDTX 2014), Cypress Lake Software, Inc. v. ZTE (USA) Inc., 6:17-cv-300 (EDTX
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`2015), FastVDO LLC v. AT&T Mobility LLC et al., 3:16-cv-385 (SDCA 2016), and
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`Dreamweaver Lure Co. Inc. v. Heyne d/b/a Big Fish Tuff Tackle Company, 3:18-cv-
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`1526 (NDOH 2018). My experience in post grant patent proceedings includes
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`drafting petitions for Inter Partes Review and Ex Parte Review.
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`10.
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`I plan to submit a declaration and application, concurrent with this
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`application, to appear pro hac vice in the following co-pending matters: GAIN
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`Capital Holdings Inc. v Oanda Corp., CBM2020-00022 and CBM2020-00023.
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`11.
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`I have not previously applied or been admitted to appear, pro hac vice,
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`in any matters before the USPTO in the past three years.
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`12.
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`I have an established familiarity with the subject matter at issue in this
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`proceeding. I have reviewed the patent at issue, as well as the petition and relevant
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`art in this matter, and have represented the respondent OANDA Corporation in the
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`parties’ dispute before the United States District Court for the District of New Jersey,
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`OANDA Corp., Exhibit 2001
`Page 2001 - 3
`CBM2020-00021
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`OANDA Corp. v. GAIN Capital Holdings, Inc., 2:20-cv-5784 (DNJ 2020).
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` hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements are made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`_/Erik Dykema/______________
`Erik Dykema
`Koning Zollar LLP
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`Dated: October 5, 2020
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`OANDA Corp., Exhibit 2001
`Page 2001 - 4
`CBM2020-00021
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