DOCKET NO.: 0107945.00235US3and US4
`Filed By: Donald R. Steinberg, Reg. No. 37,241
`David L. Cavanaugh, Reg. No. 36,476
`Michael H. Smith, Reg. No. 71,190
`60 State Street,
`Boston, Massachusetts 02109
`Tel: (617) 526-6000
`Email: Don.Steinberg@wilmerhale.com
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` David.Cavanaugh@wilmerhale.com
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` MichaelH.Smith@wilmerhale.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
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`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND QIOPTIQ
`PHOTONICS GMBH & CO. KG,
`Petitioners
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`v.
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`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
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`Case IPR2015-01300 and -01303
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`
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`DECLARATION OF JAMES M. DOWD IN SUPPORT OF MOTION
`FOR ADMISSION PRO HAC VICE
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`ASML v. Energetiq
`IPR2015-01300 and -01303
`ASML 1116
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`1
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`Filed By: Donald R. Steinberg, Reg. No. 37,241
`David L. Cavanaugh, Reg. No. 36,476
`Michael H. Smith, Reg. No. 71,190
`60 State Street,
`Boston, Massachusetts 02109
`Tel: (617) 526-6000
`Email: Don.Steinberg@wilmerhale.com
`
` David.Cavanaugh@wilmerhale.com
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` MichaelH.Smith@wilmerhale.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
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`
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND QIOPTIQ
`PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`
`Case IPR2015-01300 and -01303
`
`
`
`DECLARATION OF JAMES M. DOWD IN SUPPORT OF MOTION
`FOR ADMISSION PRO HAC VICE
`
`ASML v. Energetiq
`IPR2015-01300 and -01303
`ASML 1116
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`1
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`
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`IPR2015-01300 and -01303
`Dowd Declaration
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`I, James M. Dowd, declare as follows:
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`1.
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`I was admitted to the Virginia State Bar in 1997 and have been
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`practicing law for over 18 years. During the entire time that I have been practicing
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`law, my practice has focused on the field of intellectual property, and particularly,
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`patent litigation.
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`2.
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`I am a member in good standing of the Virginia State Bar, the District
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`of Columbia Bar, and the State Bar of California, and am admitted to practice
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`before the Supreme Court of the United States, the U.S. Courts of Appeals for the
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`Federal Circuit, the Ninth Circuit, and the Fourth Circuit, and U.S. District Courts
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`for the Central District of California, the Northern District of California, the
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`Southern District of California, the Eastern District of California, and the Eastern
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`District of Virginia.
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`3. My Virginia State Bar membership number is 41406. My District of
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`Columbia Bar membership number is 465230. My State Bar of California
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`membership number is 259576.
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`4.
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`Over the course of my career, I have been counsel in dozens of patent
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`litigations. Several of these cases have concerned Patent Office rules and
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`regulations. For example, I have litigated a number of cases concerning the duty
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`of candor to the Patent Office embodied in 37 C.F.R. § 1.56. Cases that I have been
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`involved in which implicate this rule include Energetiq Tech., Inc. v. ASML
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`IPR2015-01300 and -01303
`Dowd Declaration
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`Netherlands B.V. et al., Civ. No.: 1:15-cv-10240-LTS (D. Mass.) (the “Energetiq
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`litigation”, which is a related matter to this proceeding); Cal. Inst. Of Tech. v.
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`Hughes Communs., Inc., Civ. No: 2:13-cv-07245 (C.D. Cal. 2014); ASML
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`Netherlands B.V. v. Nikon Corp., Civ. No.: 3:02-cv-05601 (N.D. Cal. 2004);
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`SanDisk Corp. v. STMicroelectronics, Inc., Civ. No.: 5:06-cv-00194 (N.D. Cal.
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`2006); In the Matter of Certain NAND Flash Memory Circuits and Products
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`Containing Same, Inv. No. 337-TA-526 (USITC 2006); and In the Matter of
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`Certain NOR and NAND Flash Memory Devices and Products Containing Same,
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`Inv. No. 337-TA-560 (USITC 2006). In addition, the Energetiq litigation also
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`concerned Patent Office rules and regulations embodied in 37 C.F.R. § 1.27
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`regarding the definition and treatment of small entities.
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`5.
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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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`6.
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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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`7.
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`I have never had any sanctions or contempt citations imposed on me
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`by any court or administrative body.
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`3
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`8.
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`I have read and will comply with the Office Patent Trial Practice
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`IPR2015-01300 and -01303
`Dowd Declaration
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`Guide and the Board’s Rules of Practice for Trials, as set forth in 37 C.F.R. Part
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`42.
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`9.
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`I agree to be subject to the United States Patent and Trademark Office
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`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`10.
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`In the last three (3) years, I have not appeared pro hac vice in any
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`proceedings before the United States Patent and Trademark Office.
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`11. Beginning in 2002 and continuing until the present, I have represented
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`ASML Netherlands B.V., a real-party-in-interest in this proceeding, in several
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`patent and patent-related litigations and arbitrations. Patent and patent-related
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`cases in which I represent or have represented ASML Netherlands B.V. or its
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`affiliates include: Certain Microlithographic Machines and Components Thereof,
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`Inv. No. 337-TA-468 (USITC 2003), Nikon Corp. v. ASML Netherlands B.V., Civ.
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`No.: 3:02-cv-05081 (N.D. Cal. 2004), and ASML Netherlands B.V. v. Nikon Corp.,
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`Civ. No.: 3:02-cv-05601 (N.D. Cal. 2004).
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`12.
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`I am familiar with the subject matter at issue in this proceeding. I
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`have reviewed U.S. Patent No. 7,435,982 (the “’982 patent”), which is being
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`challenged in this proceeding, and I have reviewed the relevant prior art.
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`Beginning in 2015 and continuing until the present, I have represented Petitioners
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`4
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`ASML Netherlands B.V., Excelitas Technologies Corp., and Qioptiq Photonics
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`IPR2015-01300 and -01303
`Dowd Declaration
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`GmbH & Co. KG in the Energetiq litigation, which is a related matter to this
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`proceeding. The validity of the ’982 patent over the prior art raised in this
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`proceeding is a contested issue in the Energetiq litigation. The validity of other
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`patents in the same patent family as the ’982 patent over some of the prior art
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`raised in this proceeding are also contested issues in the Energetiq litigation.
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`13.
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`I hereby declare that all statements made herein of my own
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`IPR2015-01300 and -01303
`Dowd Declaration
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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 the knowledge
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`that willful false statements and the like are punishable by fine, imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code.
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`Respectfully Submitted,
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`Dated: March 2, 2016
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`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`350 South Grand Avenue, Suite 2100
`Los Angeles, California 90071
`james.dowd@wilmerhale.com
`Tel.: 617-526-5309
`Fax: 617-526-5000
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`6
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