`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEALS BOARD
`
`NETFLIX, INC.
`Petitioner
`
`v.
`
`OPENTV, INC.
`Patent Owner
`
`Case No.: IPR2014-00269
`Patent No.: 6,233,736
`
`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)
`
`Mail Stop Inter Partes Review
`Commissions for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`1.
`
`2.
`
`
`I, Matthew V. Topic, do hereby declare as follows:
`
`I am a member in good standing of the State Bar of Illinois.
`
`I am an experienced patent litigation attorney with more than seven (7) years
`
`of experience. In that time, I have served as counsel in numerous patent
`
`infringement lawsuits.
`
`a
`
`
`
`
`
`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 had no sanctions or contempt citations imposed against me by any
`
`court or administrative body.
`
`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.
`
`7.
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`I agree to be subject to the USPTO Rules of Professional Conduct set forth
`
`in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a).
`
`8.
`
`I am concurrently applying to appear pro hac vice in four (4) co-pending
`
`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.
`
`9.
`
`I am familiar with the subject matter at issue in this proceeding and
`
`particularly with the patent at issue in this proceeding. I represent Patent
`
`Owner OpenTV, Inc. in the pending district court case OpenTV, Inc. v.
`
`Netflix, Inc., Case No. 1:12-cv-01733 (D. Del.) which also involves U.S.
`
`Patent No. 6,233,736.
`
`
`
`b
`
`
`
`
`
`10.
`
`I am actively involved in all aspects of the pending district court case,
`
`including the issues of invalidity and claim construction concerning U.S.
`
`Patent No. 6,233,736.
`
`11.
`
`I hereby declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing is true and correct, and that all statements
`
`made of my own knowledge are true and that all statements made on
`
`information and belief are believed to be true. I understand that willful false
`
`statements are punishable by fine or imprisonment or both. See 18 U.S.C.
`
`§ 1001.
`
`Date: February 14, 2014
`
`
`
`
`
`Respectfully submitted,
`
`/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
`
`c
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing 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) was served on
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`February 14, 2014, via e-mail, pursuant to agreement by the parties, directed to
`
`counsel of record for the Petitioner at the following:
`
`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
`
`
`
`
`
`/s/ Eugene Goryunov
`
`
`
`
`
`
`
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