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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`JDS UNIPHASE CORPORATION
`Petitioner
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`v.
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`CAPELLA PHOTONICS, INC.
`Patent Owner
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`Patent No. RE 42,368
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`Title: RECONFIGURABLE OPTICAL ADD-DROP
`MULTIPLEXERS WITH SERVO CONTROL AND DYNAMIC
`SPECTRAL POWER MANAGEMENT CAPABILITIES
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`Inter Partes Review No. 2015-00731
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`__________________
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`DECLARATION OF JOEL D. SAYRES IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
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`JDS UNIPHASE CORPORATION
`Exhibit 1038
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`I, Joel D. Sayres, declare the following:
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`1.
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`I am a partner at the law firm of Faegre Baker Daniels LLP, in
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`Denver, Colorado.
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`2.
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`I am a member in good standing of the State Bar of Colorado and the
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`State Bar of California, as well as the following Federal Courts:
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`(a) U.S. Supreme Court (03/24/2014);
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`(b) U.S. Court of Appeals for the Federal Circuit (08/01/2014);
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`(c) U.S. Court of Appeals for the Tenth Circuit (09/2010);
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`(d) U.S. District Court for the District of Colorado (11/14/2011);
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`and
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`(e) U.S. District Court for the Central District of California
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`(12/03/2002).
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`3. My Colorado Bar membership No. is 41926 and my California Bar
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`membership No. is 223399.
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`4.
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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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`5.
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`I have never had a court or administrative body deny my application
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`for admission to practice.
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`6.
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`I have never had any court impose sanctions or contempt citations
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`against me.
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`7.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42 of the
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`C.F.R.
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`8.
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`I agree to be subject to the USPTO Rules of Professional Conduct set
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`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).
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`9.
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`In the past three years, I have applied and been admitted to appear pro
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`hac vice in the following proceedings before the Office: IPR2013-00196 (granted
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`in Paper 18, entered May 23, 2013); IPR2014-01319 (granted in Paper 13, entered
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`May 19, 2015); IPR2014-01320 (granted in Paper 13, entered May 19, 2015);
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`IPR2014-01321 (granted in Paper 13, entered April 20, 2013); IPR2014-01323
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`(granted in Paper 13, entered April 20, 2015); IPR2015-00841 (granted in Paper
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`32, entered October 26, 2015); and IPR2015-00842 (granted in Paper 32, entered
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`October 26, 2015). Contemporaneously with the motion this declaration supports,
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`I have also applied for admission pro hac vice in IPR2015-00739, which is related
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`to this proceeding.
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`10.
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`I have been in practice for over twelve years, and I have been
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`litigating patent cases for over nine years.
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`11.
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`I have an established familiarity with the subject matter at issue in this
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`proceeding. I have read in detail and understand the papers and evidence
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`submitted by Petitioner in this proceeding, and am very familiar with the invalidity
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`grounds and legal theories advanced from my years of experience litigating patent
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`cases. I have reviewed in detail the patent challenged in this proceeding, U.S.
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`Patent No. RE42,368 (“the ’368 Patent”). I have also reviewed in detail the
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`exhibits to the Petition, including the file history of the ‘368 Patent and the prior
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`art references and excerpts that are the basis for Petitioner’s obviousness and
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`anticipation grounds in this proceeding.
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`12.
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`I have invested significant time in strategic and substantive discussion
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`regarding this proceeding with lead counsel for Petitioner, Walter C. Linder. As a
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`result of these discussions and reviewing written materials, including the exhibits
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`filed with the Petition, I have a detailed understanding of the subject matter at issue
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`in this proceeding.
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`13.
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`I hereby declare that all statements herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements are made with the knowledge that willful false
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`statements and the like are punishable by fine, imprisonment, or both, under
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`section 1001 of Title 18 of the United States Code.
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`Respectfully Submitted,
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`/Joel D. Sayres/
`Joel D. Sayres
`FAEGRE BAKER DANIELS LLP
`1700 Lincoln Street, Suite 3200
`Denver, Colorado 80203
`Joel.Sayres@FaegreBD.com
`Telephone: (303) 607-3500
`Fax: (303) 607-3600
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`Dated: January 26, 2016
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