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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
`
`
`
`Case IPR2014-00003
`Patent 8,278,351 B1
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`
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`DECLARATION OF MICHAEL W. De VRIES IN SUPPORT OF MOTION
`TO APPEAR PRO HAC VICE ON BEHALF OF PETITIONER AKER
`BIOMARINE AS
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`
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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 1082
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`Case No.: IPR2014-00003
`Declaration of Michael W. De Vries to Appear Pro Hac Vice
`I, Michael W. De Vries, do hereby declare:
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`1.
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`I am a partner 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 Arts degree in Political Science and English from the University of
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`California at Berkley. I hold a Juris Doctor degree from the University of California,
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`Berkeley School of Law, and hold a Certificate in Law and Technology from the
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`Berkeley Center for Law & Technology.
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`3.
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`I have nearly fourteen years of experience as a litigation attorney who specializes in
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`patent litigation and represents clients in patent litigation matters in various United States
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`District Courts, the Court of Appeals for the Federal Circuit, and before the International
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`Trade Commission. My experience includes several matters in the chemical, electrical,
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`and computer science arts, and I have particular experience relevant to the technological
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`and legal matters at issue in this proceeding. I am, therefore, an experienced patent
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`litigation attorney with particular expertise that is pertinent to this proceeding. AKBM
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`desires, and has a need, to be represented in certain aspects of these proceedings by an
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`experienced patent litigation attorney who has particular expertise that is relevant to the
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`issues in this proceeding.
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`1
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`Case No.: IPR2014-00003
`Declaration of Michael W. De Vries to Appear Pro Hac Vice
`I have also led efforts to educate attorneys at Kirkland & Ellis LLP about the Inter Partes
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`4.
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`Review procedures and have participated in preparing multiple Inter Partes Review and
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`Covered Business Method Review petitions. I was granted pro hac admission in CBM
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`No. 2013-00015, filed April 2, 2013.
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`5.
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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.
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`6.
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`I am a member in good standing of the Bar of the State of California. I am admitted to
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`practice before the United States District Court for the Eastern District of Texas, the
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`United States District Court for the Eastern District of California, the United States
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`District Court for the Northern District of California, the United States District Court for
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`the Central District of California, the United States District Court for the Southern
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`District of California, the United States Court of Appeals for the Federal Circuit, and the
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`United States Court of Appeals for the Eleventh Circuit.
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`7.
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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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`8.
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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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`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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`2
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`9.
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`10.
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`Case No.: IPR2014-00003
`Declaration of Michael W. De Vries to Appear Pro Hac Vice
`I agree to be subject to the United States Patent and Trademark Office Code of
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`11.
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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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`12.
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`In the past three (3) years, I was admitted pro hac vice as counsel for Oracle Corporation
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`before the Patent Trial and Appeal Board in a Post-Grant Review Petition concerning
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`Method and Apparatus For A Cryptographically-Assisted Commercial Network System
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`Designed to Facilitate and Support Expert-Based Commerce, CBM No. 2013-00015.
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`13.
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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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`Respectfully submitted,
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`By: _/s/ Michael W. De Vries_______________
`Michael W. De Vries
`Kirkland & Ellis LLP
`333 South Hope Street
`Los Angeles, CA 90071
`Phone: (213) 680-8590
`michael.devries@kirkland.com
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`3
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`of U.S. Patent No. 8,278,351.
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`Date: May 9, 2014