`
`BEFORE TT{E PATENT TRIAL AND APPEAL BOARD
`
`ARTSANAUSA,INC.
`Petitioner
`
`v,
`
`KOLCRAFT ENTERPRISES, INC.
`Patent Owner
`
`Case IPR20l4-01053
`Patenr 8,388,501
`
`Before JAMES T. MOORE, Administrative Patent Judge.
`
`DECLARATION OF RAYMOND P. NIRO, JR. IN SUPPORT OF MOTION
`TORPRO HAC VICE AI'MISSION
`
`
`
`Case IPR20lzt0l053 (U.S. Patent 8,388,501)
`Declaration of Raymond P. Niro, Jr.
`
`I, Raymond P. Niro, Jr., being duly swom and upon oath, hereby attest to the
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`following:
`L
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`I am a member in good standing of the Bar of the State of lllinois, as
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`well as the United States Court of Appeals of the Federal Circuit, the
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`United States Court of Appeals of the Fourth Circuit, and the U.S.
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`District Courts for the Southem District of California. the District of
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`Colorado. the Northem and Central Districts of Illinois. the Eastem
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`District of Michigan, and the Eastem and Westem Districts of
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`Wisconsin.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`I have never had an application for admission to practice before any
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`court or administrative body denied.
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`4.
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`I have never been sanctioned or cited for contempt by any court or
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`administrative body.
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`5.
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`I have read and will comply with the Offrce of Patent Trial Practice
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`Guide and the Board's Rules of Practice for Trials set forth inpart.42
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`of Title 37 of the C.F.R.
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`Page2 of 5
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`
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`Case IPR2014-01053 (U.S. Patent 8,388,501)
`Declaration of Raymond P. Niro, Jr.
`6.
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`I agree to be subject to the United States Patent and Trademark Office
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`Code of Professional Responsibility set forth in 37 C.F.R. $$ I1.101
`
`et seq. and disciplinary jurisdiction under 37 C.F.R. $ 11.19(a).
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`7.
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`I have applied to appear pro hac vice in one other proceeding before
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`the Office within the last three (3) years. Specifically, I applied to
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`appear pro hac vice in Inter Partes Reexamination Control No.
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`95/000,514, on September 30,2013, to represent Kolcraft Enterprises,
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`Inc. in the oral hearing in that proceeding. I have not applied to
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`appear pro hac vice in any other proceeding(s), other than the instant
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`proceeding and Inter Partes Reexamination Control No. 951000,514,
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`before the United States Patent and Trademark Office in the last three
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`(3) years.
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`8.
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`I am familiar with the subject matter at issue in this proceeding. I am
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`the lead counsel representing Kolcraft Enterprises, Inc., the owner of
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`the patent in this proceeding, in Kolcraft Enterprises, Inc. v. Artsana
`
`USA, Inc. and Artsana,Civil Action No. I :13-cv-04863 (N.D. Ill.,
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`Filed July 8, 2013), which is a co-pending, related matter that involves
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`the same patent at issue in this proceeding. I am also lead counsel
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`representing Kolcraft Enterprises, lnc.in Kolcraft Enterprises, Inc. v.
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`Graco Children's Products Inc. and Chicco USA, Inc., Civil Action
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`Page 3 of 5
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`
`
`Case IPR2014-01053 (U.S. Patent 8,388,501)
`Declaration of Raymond P. Niro, Jr.
`
`No. l:09-cv-03339, (N.D. Ill., Filed June 3, 2009), which is a co-
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`pending litigation that involves U.S. Patent No,7,376,993, the parent
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`patent ofthe patent at issue in this proceeding. As such, I have
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`extensive understanding ofthe underlying legal and technological
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`issues at stake in this proceeding and, thus, I am generally familiar
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`with (i) U.S. Patent No. 8,388,501, the patent at issue in this
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`proceeding, (ii) the prior art relied upon in Artsana's Petition, and (iii)
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`the legal and factual arguments made by Artsana. Additionally, I
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`have been practicing in the field of intellectual property, and
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`particularly, patent litigation, for over twenty-two years, and I have
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`litigated over 100 intellectual property cases.
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`9.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and
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`belief are believe to be true; and further that these statements are made
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`with the knowledge that willful false statements and the like so made
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`are punishable by fine or imprisonment, or both, under l8 U.S.C. $
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`1001, and that such willful and false statements may jeopardize the
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`validity of this patent and any patent resulting therefrom.
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`Page 4 of 5
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`
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`Case IPR20l,l-01053 (U.S. Pslent 8,388,501)
`Declaration of Raymond P. Nim, Jr.
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`Dated: July 29,2014
`
`By:
`
`NIRO;HALLER& NIRO
`l8l West lvldison, Suite 46ffi
`ChicaX;o, Illinois 60602
`(3r2)236-0733
`Fa.r: (312) 2363137
`
`Attorneys for Patent Owner
`Kolcraft Enterprises, Inc.
`
`Page 5 of5
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