`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`JDS UNIPHASE CORPORATION
`Petitioner
`
`V.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`Case 1PR2015-00731
`Patent RE42,368
`
`AFFIDAVIT OF NICHOLAS J. NOWAK IN SUPPORT OF
`PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`Mail Stop "PATENTBOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 223 13-145
`
`Capella 2015
`JDS Uniphase v. Capella
`1PR2015-0073 1
`
`
`
`Case 1PR2015-00731
`Patent RE42,368
`
`1.
`
`I, Nicholas J. Nowak, am more than twenty-one years of age, am
`
`competent to present this affidavit, and have personal knowledge of the facts set
`
`forth herein.
`
`2.
`
`This affidavit is given in support of the Patent Owner Capella
`
`Photonics, Inc.’s Motion for Pro Hac Vice Admission.
`
`3.
`
`I am Of Counsel at the law firm of Sterne, Kessler, Goldstein and Fox
`
`P.L.L.C.
`
`4.
`
`I have been a patent litigation attorney for approximately 13 years,
`
`and I’ve been litigating patent cases during that entire time period. I have litigated
`
`numerous patent infringement actions involving a variety of technologies and have
`
`significant experience in all aspects of patent litigation, including depositions,
`
`claim construction proceedings, and various stages of trial.
`
`5.
`
`I am a member in good standing of the Bars of: Massachusetts, New
`
`York, the District of Columbia, the United States Court of Appeals for the Federal
`
`Circuit, and the United States District Court for the Southern District of New York.
`
`I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`6.
`
`I have never been denied admission to practice before any court or
`
`administrative body.
`
`-1-
`
`
`
`Case 1PR2015-00731
`Patent RE42,368
`No court or administrative body has ever imposed sanctions or
`
`7.
`
`contempt citations on me.
`
`8.
`
`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 37 C.F.R.
`
`9.
`
`I understand that I will be subject to the USPTO Rules of Professional
`
`Conduct set forth in 37 C.F.R. §S 11.101 etseq. and disciplinary jurisdiction under
`
`37 C.F.R. § 11.19(a).
`
`10.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I have reviewed in detail U. S. Patent No. RE42,368 ("the ’368
`
`patent"), which is the patent challenged in this proceeding. I have also reviewed
`
`Exhibits by Petitioner in this proceeding.
`
`11.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I have read and understand the pleadings submitted by Petitioner and
`
`Patent Owner in this proceeding. I have engaged in numerous hours of strategic
`
`and substantive discussions regarding this proceeding with counsel for Patent
`
`Owner in this proceeding. Through my 13 years of patent litigation and
`
`infringement experience, I am very familiar with the legal theories advanced in this
`
`case.
`
`-2-
`
`
`
`Case 1PR2015-00731
`Patent RE42,368
`Through my direct participation in the development of this case on
`
`12.
`
`behalf of Patent Owner, I have an established familiarity with the subject matter at
`
`issue in this proceeding.
`
`13.
`
`I have previously been admitted to appear pro hac vice in three
`
`proceedings before the Patent Trial and Appeal Board: Cases 1PR2014-01166,
`
`1PR2014-01276, and 1PR2014-01546. I have not applied to appearpro hac vice in
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`any other proceedings before the Office in the last three (3) years.
`
`A-e-2
`
`hla
`
`Sworn to and subscribed before me
`
`this %’M day of September, 2015.
`
`Notary Public
`
`ii
`
`-3-
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