`
`1, Jonathan T. Suder, declare as follows:
`
`1.
`
`I make this declaration in support of a motion to be admitted pro hac vice as
`
`backup counsel for the patent owner in inter partes review no. IPR2014—00100.
`
`2.
`
`I am a member in good standing of the State Bar of Texas, the District of
`
`Columbia Bar, the bars of the United States Court of Appeals for the Federal
`
`Circuit,
`
`the Supreme Court of the United States, and several other federal
`
`courts.
`
`3.
`
`I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`4.
`
`I have never had an application for admission to practice before any court or
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`administrative body denied.
`
`5.
`
`I have never been sanctioned or cited for contempt by any court or
`
`administrative body.
`
`6. I have read and agree to comply with the Office Patent Trial Practice Guide and
`
`the Board’s Rule of Practice for Trials set forth in part 42 of the Code of
`
`Federal Regulations.
`
`7.
`
`I submit to be subject to the PTO’s code of professional responsibility set forth
`
`in 37 CPR. §§ 10.20 et seq. and disciplinary jurisdiction under 37 CPR. §
`
`11.l9(a).
`
`Endotach Ex. 2001, Page 1 of3
`Medtronic v. Endotach, |PR2014-00100
`
`Endotach Ex. 2001, Page 1 of 3
`Medtronic v. Endotach, IPR2014-00100
`
`
`
`Case No. lPR2014-00100
`
`Patent No. 5,593,417
`
`8. I have not appeared pro hac vice in any other PTO proceedings in the last three
`
`years.
`
`9. I have an established familiarity with the subject matter of this review as a
`
`result of having been lead counsel for the plaintiff in litigations of the patent
`
`under review, US. Patent No. 5,593,417 (“the ’417 patent”). Specifically, I
`
`have been lead counsel for Endotach LLC, the exclusive licensee of the ’417
`
`patent, in the following cases:
`
`(a)
`
`Endotach LLC v. Cook Medical Incorporated, Civil Action No. 1:13-
`
`cv-l 135, pending in the Southern District of Indiana, Indianapolis Division;
`
`and
`
`(b)
`
`Endotach LLC v. Medtronic, Inc. and Medtronic Vascular, Inc, Civil
`
`Action No. 5:13—cv—3292, pending in the Northern District of California, San
`
`Jose Division.
`
`(0)
`
`Endotach LLC V. WL. Gore & Associates, Inc, Civil Action No.
`
`3:12—cv—00308, filed in the Northern District of Florida, Pensacola Division
`
`but which has been resolved.
`
`My experience in these cases has provided me with a knowledge of the ’417
`
`patent, the prior art cited in the petition, and the patentability issues in this
`
`review.
`
`Endotach Ex. 2001, Page 2 of 3
`Medtronic v. Endotach, |PR2014-00100
`
`Endotach Ex. 2001, Page 2 of 3
`Medtronic v. Endotach, IPR2014-00100
`
`
`
`Case No. IPR2014—00100
`
`Patent No. 5,593,417
`
`I declare that all statements made herein of my own knowledge are true and that all
`
`statements made on information and belief are believed to be true, and fithher that
`
`these statements are made with the knowledge that willful false statement and the
`
`like so made are punishable by fine or imprisonment, or both under Section 1001
`
`of the Title 18 of the United States Code, and that such willful false statements
`
`may jeopardize the validity or enforceability of the ’417 patent.
`
`Date:
`
`ii U '3
`
`By:
`
`
`
`Jona ghan T. Suder
`
`Endotach Ex. 2001, Page 3 of 3
`Medtronic v. Endotach, IPR2014-00100
`
`Endotach Ex. 2001, Page 3 of 3
`Medtronic v. Endotach, IPR2014-00100
`
`
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