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Matuschak Declaration
`Case No. IPR2014-00477
`
`DOCKET NO: 0110198-00195 US1
`’155 PATENT, CLAIMS 1-16
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT: 8,125,155
`
`INVENTOR: CHISTYAKOV
`
`FILED: AUGUST 27, 2010
`
`ISSUED: FEBRUARY 28, 2012
`
`TITLE: METHOD AND APPARATUS FOR GENERATING STRONGLY-IONIZED
`PLASMAS WITH IONIZATIONAL INSTABILITIES
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`DECLARATION OF MARK MATUSCHAK IN SUPPORT OF
`UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE
`
`I, Mark Matuschak, declare as follows:
`
`1.
`
`I have been practicing law for over twenty-nine years, and have been practicing in
`
`the field of intellectual property, and particularly, patent litigation, for twenty-two years.
`
`2.
`
`I am a member in good standing of the Bar of the Commonwealth of
`
`Massachusetts and the Bar of the State of New York. I am admitted to practice before the United
`
`States Courts of Appeals for the Federal Circuit, as well as the First, Second, Third and Sixth
`
`Circuits. I am also admitted to practice before the United States District Courts for the District
`
`of Massachusetts and Colorado. I have been admitted pro hac vice in many district courts
`
`including the Eastern and Northern Districts of Texas, the Northern and Central Districts of
`
`California, the District of Delaware, the Southern and Northern Districts of New York, the
`
`ActiveUS 137920874v.2
`
`1
`
`Gillette v. Zond
`IPR2014-00477
`GILLETTE 1021
`
`

`

`Matuschak Declaration
`Case No. IPR2014-00477
`
`Eastern District of Pennsylvania, the Southern and Northern Districts of Indiana, the Southern
`
`District of Ohio and the District of Utah.
`
`3.
`
`My Massachusetts Bar membership number is 543873. My New York Bar
`
`membership number is 5167127.
`
`4.
`
`I have been in private for over twenty-nine years, and litigating patent cases for
`
`over twenty-two years. Several of these patent litigations concerned Patent Office rules and
`
`regulations. For example, in both Hyperion v. OutlookSoft, No. 2:04-CV-436 (E.D. Tex. 2006)
`
`and Smith & Nephew, Inc. v. Arthrex, Inc., No. 2:07-CV-335 (E.D. Tex. 2010), I was lead
`
`counsel in patent litigation trials which involved claims (separately tried to the court) of
`
`unenforceability/inequitable conduct. In Color Kinetics, Inc. v. TIR Systems, Ltd., No. 03-cv-
`
`12491 (D. Mass. 2006), I was lead counsel in a patent litigation in which MPEP rules were
`
`directly at issue. In that case, both parties filed summary judgment relating to
`
`unenforceability/inequitable conduct, in connection with MPEP § 609.02 (whether examiner is
`
`required to review file history of prior related applications in a continuation application) and §
`
`2001.06 (duty to disclose information from copending application material).
`
`5.
`
`I have never been suspended, disbarred, sanctioned or cited for contempt by any
`
`court or administrative body.
`
`6.
`
`I have never had a court or administrative body deny my application for
`
`admission to practice.
`
`7.
`
`I have read and will comply with Office Patent Trial Practice Guide and the
`
`Board’s Rules of Practice for Trials, as set forth in 37 C.F.R. Part 42.
`
`ActiveUS 137920874v.2
`
`2
`
`

`

`Matuschak Declaration
`Case No. IPR2014-00477
`
`8.
`
`I agree to be subject to the United States Patent and Trademark Office Code of
`
`Professional Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction
`
`under 37 C.F.R. §11.19(a).
`
`9.
`
`In the past three years, I have not appeared pro hac vice in any proceedings before
`
`the United States Patent and Trademark Office.
`
`10.
`
`I am familiar with the subject matter at issue in this proceeding. I am counsel in
`
`Zond, LLC v. The Gillette Co. and The Procter & Gamble Co., No. 1:13-CV-11567-DJC (D.
`
`Mass.) (filed July 1, 2013), which is related to and involves the same patent at issue in this
`
`proceeding.
`
`11.
`
`I have represented The Procter & Gamble Company and/or The Gillette Company
`
`in multiple patent and trademark matters since 2008, including confidential patent-related
`
`analysis, and the following United States District Court cases: Georgia-Pacific Consumer
`
`Products LP v. The Procter & Gamble Co., No. 1:08-CV-3245 (N.D. Ga. 2008); The Procter &
`
`Gamble Co. v. Georgia-Pacific Consumer Products LP, No. 1:09-CV-=318 (S.D. Ohio 2009);
`
`The Gillette Co. and The Procter & Gamble Co. v. Sebron Co., No. 8:08-cv-00154 (C.D. Cal.
`
`2008); Zond, Inc. v. The Gillette Co. and The Procter & Gamble Co., No. 1:13-cv-11567-JLT
`
`(D. Mass. 2013).
`
`12.
`
`I hereby 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 further that
`
`these statements are made with the knowledge that willful false statements and the like are
`
`punishable by fine, imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`ActiveUS 137920874v.2
`
`
`
`
`
`3
`
`

`

`Matuschak Declaration
`Case No. IPR2014-00477
`
`Respectfully Submitted,
`
`/Mark Matuschak/
`
`
`
`
`
`Mark Matuschak
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`mark.matuschak@wilmerhale.com
`Tel.: 212-230-8816
`Fax: 212-230-8888
`
`Dated: November 11, 2014
`
`
`
`
`
`ActiveUS 137920874v.2
`
`4
`
`

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