`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`
`
`JDS UNIPHASE CORPORATION
`Petitioner
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`
`
`Patent No. RE 42,678
`
`
`
`Title: RECONFIGURABLE OPTICAL ADD-DROP
`MULTIPLEXERS WITH SERVO CONTROL AND DYNAMIC
`SPECTRAL POWER MANAGEMENT CAPABILITIES
`
`
`
`Inter Partes Review No. 2015-00739
`
`__________________
`
`
`DECLARATION OF JOEL D. SAYRES IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`
`
`JDS UNIPHASE CORPORATION
`Exhibit 1049
`
`
`
`
`
`
`
`
`
`
`
`I, Joel D. Sayres, declare the following:
`
`1.
`
`I am a partner at the law firm of Faegre Baker Daniels LLP, in
`
`Denver, Colorado.
`
`2.
`
`I am a member in good standing of the State Bar of Colorado and the
`
`State Bar of California, as well as the following Federal Courts:
`
`(a) U.S. Supreme Court (03/24/2014);
`
`(b) U.S. Court of Appeals for the Federal Circuit (08/01/2014);
`
`(c) U.S. Court of Appeals for the Tenth Circuit (09/2010);
`
`(d) U.S. District Court for the District of Colorado (11/14/2011);
`
`and
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`(e) U.S. District Court for the Central District of California
`
`(12/03/2002).
`
`3. My Colorado Bar membership No. is 41926 and my California Bar
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`membership No. is 223399.
`
`4.
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`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`5.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`
`
`2
`
`
`
`
`
`6.
`
`I have never had any court impose sanctions or contempt citations
`
`against me.
`
`7.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42 of the
`
`C.F.R.
`
`8.
`
`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).
`
`9.
`
`In the past three years, I have applied and been admitted to appear pro
`
`hac vice in the following proceedings before the Office: IPR2013-00196 (granted
`
`in Paper 18, entered May 23, 2013); IPR2014-01319 (granted in Paper 13, entered
`
`May 19, 2015); IPR2014-01320 (granted in Paper 13, entered May 19, 2015);
`
`IPR2014-01321 (granted in Paper 13, entered April 20, 2013); IPR2014-01323
`
`(granted in Paper 13, entered April 20, 2015); IPR2015-00841 (granted in Paper
`
`32, entered October 26, 2015); and IPR2015-00842 (granted in Paper 32, entered
`
`October 26, 2015). Contemporaneously with the motion this declaration supports,
`
`I have also applied for admission pro hac vice in IPR2015-00731, which is related
`
`to this proceeding.
`
`
`
`3
`
`
`
`
`
`10.
`
`I have been in practice for over twelve years, and I have been
`
`litigating patent cases for over nine years.
`
`11.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I have read in detail and understand the papers and evidence
`
`submitted by Petitioner in this proceeding, and am very familiar with the invalidity
`
`grounds and legal theories advanced from my years of experience litigating patent
`
`cases. I have reviewed in detail the patent challenged in this proceeding, U.S.
`
`Patent No. RE42,678 (“the ’678 Patent”). I have also reviewed in detail the
`
`exhibits to the Petition, including the file history of the ‘678 Patent and the prior
`
`art references and excerpts that are the basis for Petitioner’s obviousness and
`
`anticipation grounds in this proceeding.
`
`12.
`
`I have invested significant time in strategic and substantive discussion
`
`regarding this proceeding with lead counsel for Petitioner, Walter C. Linder. As a
`
`result of these discussions and reviewing written materials, including the exhibits
`
`filed with the Petition, I have a detailed understanding of the subject matter at issue
`
`in this proceeding.
`
`13.
`
`I hereby declare that all statements herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements are made with the knowledge that willful false
`
`
`
`4
`
`
`
`
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`statements and the like are punishable by fine, imprisonment, or both, under
`
`section 1001 of Title 18 of the United States Code.
`
`
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`/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
`
`
`
`Dated: January 26, 2016
`
`
`
`
`
`
`
`
`
`
`
`5
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