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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`AKER BIOMARINE AS
`Petitioner
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`v.
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`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.
`Patent Owner
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`Case IPR2014-00003
`Patent 8,278,351 B1
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`DECLARATION OF LESLIE M. SCHMIDT IN SUPPORT OF MOTION
`TO APPEAR PRO HAC VICE ON BEHALF OF PETITIONER AKER
`BIOMARINE AS
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`AKBM-1081
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`Case No.: IPR2014-00003
`Declaration of Leslie M. Schmidt to Appear Pro Hac Vice
`I, Leslie M. Schmidt, do hereby declare:
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`1.
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`I am an associate in the law firm Kirkland & Ellis LLP. Lead counsel in this inter partes
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`review proceeding is J. Mitchell Jones, Ph.D, who is a partner in the law firm Casimir
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`Jones. Dr. Jones is registered to practice before the United States Patent and Trademark
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`Office (“PTO”) and holds Registration No. 44,174. Amanda J. Hollis, who is a partner in
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`the law firm Kirkland & Ellis LLP, is back-up counsel and is registered to practice before
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`the PTO and holds Registration No. 55,629. With respect to this proceeding, I will work
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`closely with Dr. Jones and Ms. Hollis.
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`2.
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`I hold a Bachelor of Science degree in Chemistry and from the University of Notre
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`Dame. I hold a Juris Doctor degree from Boston College Law School.
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`3.
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`I have nearly six years of experience as a litigation attorney who specializes in patent
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`litigation, representing clients in matters in various United States District Courts, the
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`Court of Appeals for the Federal Circuit, and before the International Trade Commission
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`(“ITC”). My experience includes several matters in the chemical and mechanical
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`engineering arts. I am, therefore, an experienced litigating attorney. AKBM desires, and
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`has a need, to be represented in certain aspects of these proceedings by an experienced
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`litigating attorney.
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`4.
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`I am very familiar with U.S. Patent No. 8,278,351, and with the legal subject matter,
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`technical subject matter, and prior art discussed in AKBM’s Request for Inter Partes
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`Review of U.S. Patent No. 8,278,351, which forms the basis for this proceeding. I
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`represented AKBM in the ITC investigation and district court actions related to this
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`patent and was involved with factual and technical developments in that matter.
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`1
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`Case No.: IPR2014-00003
`Declaration of Leslie M. Schmidt to Appear Pro Hac Vice
`I am a member in good standing of the Bar of the State of New York, the Bar of the
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`5.
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`Commonwealth of Massachusetts, and the Bar of the District of Columbia. I am admitted
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`to practice before the United States District Court for the Northern District of Florida, the
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`United States Court of Appeals for the Federal Circuit, and the United States Court of
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`Appeals for the Seventh Circuit.
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`6.
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`I have never been suspended or disbarred from practice before any court or
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`administrative body.
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`7.
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`I have never had a court or administrative body deny my application for admission to
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`practice.
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`8.
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`9.
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`I have never been sanctioned or cited for contempt by any court or administrative body.
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`I have read and will comply with the Office Patent Trial Practice Guide and the Board's
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`Rules of Practice for Trials set forth in part 42 of the C.F.R.
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`10.
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`I agree to be subject to the United States Patent and Trademark Office Code of
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`Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a).
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`11.
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`In the past three (3) years, I have not appeared pro hac vice in any proceedings before the
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`United States Patent and Trademark Office.
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`12.
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`I declare that all statements made herein of my own knowledge are true and that all
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`statements made on information and belief are believed to be true; and further that these
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`statements were made with the knowledge that willful, false statements and the like so
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`made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of
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`the United States Code and that such willful false statements may jeopardize the validity
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`of U.S. Patent No. 8,278,351.
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`2
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`Case No.: IPR2014-00003
`Declaration of Leslie M. Schmidt to Appear Pro Hac Vice
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`Respectfully submitted,
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`By: _/s/ Leslie M. Schmidt__________________
`Leslie M. Schmidt
`Kirkland & Ellis LLP
`601 Lexington Ave.
`New York, NY 10028
`Phone: (212) 446-4763
`leslie.schmidt@kirkland.com
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`3
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`Date: May 9, 2014
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