`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`INTERNATIONAL BUSINESS MACHINES CORPORATION and
`ORACLE AMERICA, INC.
`
`Petitioners,
`
`v.
`
`ELECTRONICS AND TELECOMMUNICATIONS
`RESEARCH INSTITUTE,
`
`Patent Owner.
`_____________________
`
`Case IPR2014-00949
`
`Patent 6,978,346 B2
`_____________________
`
`DECLARATION OF BENJAMIN A. LASKY IN SUPPORT OF
`PETITIONERS’ MOTION FOR ADMISSION PRO HAC VICE OF
`BENJAMIN A. LASKY PURSUANT TO 37 C.F.R. § 42.10(C)
`
`IBM-Oracle 1016
`Page 1 of 3
`
`
`
`IPR2014-00949
`Patent 6,978,346 B2
`
`I, Benjamin A. Lasky, do hereby declare as follows:
`
`1.
`
`2.
`
`I am a member in good standing of the bar of the State of New York.
`
`I am an experienced patent litigation attorney with more than twelve (12)
`
`years of experience. In that time, I have served as counsel in numerous
`
`patent infringement lawsuits.
`
`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
`
`administrative body denied.
`
`5.
`
`I have had no sanctions or contempt citations imposed against me by any
`
`court or administrative body.
`
`6.
`
`I have read and will comply with the Office Patent Trial Practice Guide and
`
`the Board’s Rules of Practice for Trials set forth in part 42 of the C.F.R.
`
`7.
`
`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.
`
`§ 11.19(a).
`
`I have applied concurrently to appear pro hac vice in Case IPR2014-00976.
`
`I am very familiar with the subject matter at issue in this proceeding and
`
`particularly with the patent at issue in this proceeding, U.S. Patent No.
`
`6,978,346 (“the ’346 Patent”).
`
`2
`
`8.
`
`9.
`
`
`
`IBM-Oracle 1016
`Page 2 of 3
`
`
`
`IPR2014-00949
`Patent 6,978,346 B2
`
`10.
`
`I am counsel and have been actively involved in the co-pending litigation
`
`involving the ’346 Patent, Safe Storage LLC v. International Business
`
`Machines Corporation, Case No. 1:13-cv-01151-GMS (D. Del.), filed on
`
`June 28, 2013.
`
`11. As counsel in this district court litigation, I am deeply involved in all aspects
`
`of the litigation on behalf of International Business Machines Corp.,
`
`including claim construction and validity analysis, and therefore have
`
`established familiarity with the ’346 Patent.
`
`12.
`
`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: September 12, 2014
`601 Lexington Avenue
`New York, New York 10022
`(212) 446-4800
`
`Respectfully submitted,
`Kirkland & Ellis LLP
`
`/s/Benjamin A. Lasky
`
`Benjamin A. Lasky
`
`
`
`
`
`
`
`3
`
`IBM-Oracle 1016
`Page 3 of 3
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