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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`THE MANGROVE PARTNERS MASTER FUND, LTD. and APPLE INC.
`Petitioners,
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`v.
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`VIRNETX INC.,
`Patent Owner.
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`____________________
`
`Case No. IPR2015-010461
`U.S. Patent No. 6,502,135
`____________________
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`
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`DECLARATION OF SCOTT M. BORDER IN SUPPORT OF PETITIONER
`APPLE’S MOTION FOR PRO HAC VICE ADMISSION
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`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a Petitioner
`in the instant proceeding.
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`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1028, p. 1
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`I, Scott M. Border, being duly sworn and upon oath, hereby attest to the
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`following:
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`1.
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`I am a member in good standing of the Bar of the State of Virginia
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`and the District of Columbia.
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`2.
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`I have not been suspended or disbarred from practice before any
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`court or administrative body.
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`3.
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`I have never had an application for admission to practice before
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`any court or administrative body denied.
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`4.
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`No sanctions or contempt citations has been imposed against me by
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`any court or administrative body.
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`5.
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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 set forth in part 42 of 37 C.F.R.
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`6.
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`I will 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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`11.19(a).
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`7.
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`I have applied to appear pro hac vice and have been granted
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`permission to appear pro hac vice before the Office in the following
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`proceedings in the last three (3) years: IPR2013-00292, IPR2014-00039,
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`IPR2014-00040, IPR2014-00481, IPR2014-00482, IPR2015-00074,
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`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1028, p. 2
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`
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`IPR2015-00810, IPR2015-00811, IPR2015-00812, IPR2015-00866,
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`IPR2015-00868, IPR2015-00870, and IPR2015-00871.
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`8.
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`I am an experienced litigation attorney, with 7 years of experience
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`litigating patent cases in federal courts. My experience includes representing a
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`wide range of clients in complex intellectual property litigation. I have
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`appeared as counsel for Apple in a number of litigation matters over the
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`span of my career.
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`9.
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`I have worked with lead counsel in most aspects of his
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`participation in this proceeding. As such, I have reviewed and am very
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`familiar with (i) U.S. Patent No. 6,502,135 the patent at issue in this matter,
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`(ii) the prior art relied upon in Apple’s Petition, (iii) the legal and factual
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`arguments made by Apple, and (iv) the developments in this proceeding after
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`the filing of Apple’s Petition as well as the developments in related matters
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`before the Board. I have also been involved in a number of other proceedings
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`before the Board and I am familiar with its established practices.
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`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1028, p. 3
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`10.
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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 belief are
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`believed to be true; and further that these statements are made with knowledge
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`that willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States
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`Code.
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`Dated: January 27, 2016
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`Scott M. Border
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`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1028, p. 4