`_____________________
`
`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 IPR2014-00976
`
`Patent 6,978,346
`_____________________
`
`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)
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`IBM-Oracle 1009
`Page 1 of 3
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`
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`IPR2014-00976
`Patent 6,978,346
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`I, Benjamin A. Lasky, do hereby declare as follows:
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`1.
`
`2.
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`I am a member in good standing of the bar of the State of New York.
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`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
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`patent infringement lawsuits.
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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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`8.
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`9.
`
`
`
`§ 11.19(a).
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`I have applied concurrently to appear pro hac vice in Case IPR2014-00949.
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`I am very familiar with the subject matter at issue in this proceeding and
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`particularly with the patent at issue in this proceeding, U.S. Patent No.
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`6,978,346 (“the ’346 Patent”).
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`2
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`IBM-Oracle 1009
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`IPR2014-00976
`Patent 6,978,346
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`10.
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`I am counsel and have been actively involved in the co-pending litigation
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`involving the ’346 Patent, Safe Storage LLC v. International Business
`
`Machines Corporation, Case No. 1:13-cv-01151-GMS (D. Del.), filed on
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`June 28, 2013.
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`11. As counsel in this district court litigation, I am deeply involved in all aspects
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`of the litigation on behalf of International Business Machines Corp.,
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`including claim construction and validity analysis, and therefore have
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`established familiarity with the ’346 Patent.
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`12.
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`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
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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.
`
`§ 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
`
`
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`
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`3
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