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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEALS BOARD
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`NETFLIX, INC.
`Petitioner
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`v.
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`OPENTV, INC.
`Patent Owner
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`Case No.: IPR2014-00267
`Patent No.: 7,409,437
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`DECLARATION OF MATTHEW V. TOPIC IN SUPPORT OF PATENT
`OWNER’S MOTION FOR ADMISSION PRO HAC VICE OF MATTHEW
`V. TOPIC PURSUANT TO 37 C.F.R. § 42.10(C)
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`Mail Stop Inter Partes Review
`Commissions for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`1.
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`2.
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`I, Matthew V. Topic, do hereby declare as follows:
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`I am a member in good standing of the State Bar of Illinois.
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`I am an experienced patent litigation attorney with more than seven (7) years
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`of experience. In that time, I have served as counsel in numerous patent
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`infringement lawsuits.
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`a
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`3.
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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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`4.
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`I have never had an application for admission to practice before any court or
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`administrative body denied.
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`5.
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`I have had no sanctions or contempt citations imposed against me by any
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`court or administrative body.
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`6.
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`I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board’s Rules of Practice for Trials set forth in part 42 of the C.F.R.
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`7.
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`I agree to be subject to the USPTO Rules of Professional Conduct set forth
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`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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`I am concurrently applying to appear pro hac vice in four (4) co-pending
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`cases before the Board: IPR2014-00252, IPR2014-00267, IPR2014-00269,
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`and IPR2014-00274. I have not applied to appear pro hac vice in any other
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`proceedings before the Office in the last three (3) years.
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`9.
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`I am familiar with the subject matter at issue in this proceeding and
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`particularly with the patent at issue in this proceeding. I represent Patent
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`Owner OpenTV, Inc. in the pending district court case OpenTV, Inc. v.
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`Netflix, Inc., Case No. 1:12-cv-01733 (D. Del.) which also involves U.S.
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`Patent No. 7,409,437.
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`b
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`10.
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`I am actively involved in all aspects of the pending district court case,
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`including the issues of invalidity and claim construction concerning U.S.
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`Patent No. 7,409,437.
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`11.
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`I hereby declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct, and that all statements
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`made of my own knowledge are true and that all statements made on
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`information and belief are believed to be true. I understand that willful false
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`statements are punishable by fine or imprisonment or both. See 18 U.S.C.
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`§ 1001.
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`Date: February 14, 2014
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`Respectfully submitted,
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`/s/ Matthew V. Topic
`Matthew V. Topic
`KIRKLAND & ELLIS LLP
`300 North LaSalle Street
`Chicago, Illinois 60654
`Telephone: (312) 862-2000
`Fax: (312) 862-2200
`Email: mtopic@kirkland.com
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`c
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Declaration of
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`Matthew V. Topic in Support of Patent Owner’s Motion for Admission Pro Hac
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`Vice of Matthew V. Topic Pursuant to 37 C.F.R. § 42.10(C) was served on
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`February 14, 2014, via e-mail, pursuant to agreement by the parties, directed to
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`counsel of record for the Petitioner at the following:
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`Andrew S. Ehmke
`andy.ehmke.ipr@haynesboone.com
`Scott Jarratt
`scott.jarratt.ipr@haynesboone.com
`HAYNES AND BOONE, LLP
`2323 Victory Ave., Suite 700
`Dallas, Texas 75219
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`/s/ Eugene Goryunov
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