`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`Cyanotech Corporation
`Petitioner
`
`v.
`
`The Board of Trustees of the University of Illinois
`Patent Owner
`
`_______________________
`
`IPR2013-00401
`Case:
`Patent No.: 5,527,533
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF TODD S. WERNER IN SUPPORT OF
`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
`LITIGATION COUNSEL
`
`I, Todd S. Werner, hereby declare as follows:
`
`
`
`
`
`
`
`1.
`
`I am an attorney with the law firm of Carlson, Caspers, Vandenburgh,
`
`Lindquist & Schuman, P.A. I have served as litigation counsel for plaintiffs The
`
`Board of Trustees of the University of Illinois (“University”) and U.S.
`
`Nutraceuticals, LLC, d/b/a Valensa International (“Valensa”) in the matter entitled
`
`U.S. Nutraceuticals, et al. v. Cyanotech Corp. et al., 12-cv-366 (M.D. Fl.) from the
`
`date the case was filed through the present. This matter concerns the infringement
`
`and validity of U.S. Patent No. 5,523,533, the same patent that is challenged in this
`
`EXHIBIT A
`
`
`
`IPR proceeding. This declaration is submitted on behalf of patent owner, the
`
`University, in support of its Motion for Pro Hac Vice Admission of Litigation
`
`Counsel. This declaration is made on my own personal knowledge, except as
`
`otherwise indicated.
`
`2.
`
`I am a member in good standing of the Bar of the State of Minnesota
`
`(Minnesota Bar Number 33019X).
`
`3.
`
`I have never been suspended or disbarred from any court or
`
`administrative body.
`
`4.
`
`No application for admission to practice before any court or
`
`administrative body that I have filed or that has been filed on by behalf has ever
`
`been denied.
`
`5.
`
`No sanctions or contempt citations have been imposed on me by any
`
`court or administrative body.
`
`6.
`
`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.
`
`7.
`
`I agree to be subject to 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).
`
`8.
`
`I have not sought to appear pro hac vice in any proceedings before the
`
`Office in the last three (3) years.
`
`
`
`2
`
`
`
`9.
`
`I am intimately familiar with the subject matter at issue in the
`
`proceeding, and also, more generally, the patent laws of the United States of
`
`America.
`
`I state under penalty of perjury that the foregoing is true and correct.
`
`Dated: January 2, 2014.
`
`
`
`
`
`
`
`
`
`
`
`s/ Todd S. Werner
`Todd S. Werner
`
`
`
`
`
`3
`
`