DOCKET NO.: 0107945.00235US5
`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 IPR2015-01368
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`DECLARATION OF KEVIN S. PRUSSIA IN SUPPORT OF MOTION
`FOR ADMISSION PRO HAC VICE
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`1
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`ASML v. Energetiq
`IPR2015-01368
`ASML 1026
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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
`
` MichaelH.Smith@wilmerhale.com
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND QIOPTIQ
`PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`
`Case IPR2015-01368
`
`
`
`DECLARATION OF KEVIN S. PRUSSIA IN SUPPORT OF MOTION
`FOR ADMISSION PRO HAC VICE
`
`
`
`1
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`ASML v. Energetiq
`IPR2015-01368
`ASML 1026
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`
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`IPR2015-01368
`Prussia Declaration
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`I, Kevin S. Prussia, declare as follows:
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`1.
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`I was admitted to the Massachusetts Bar in November of 2006 and
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`have been practicing law for over 9 years. During the entire time that I have been
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`practicing law, my practice has focused on the field of intellectual property, and
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`particularly, patent litigation.
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`2.
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`I am a member in good standing of the Bar of Massachusetts and the
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`Bar of New York, and am admitted to practice before the U.S. District Court for
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`the District of Massachusetts, the U.S. Court of Appeals for the First Circuit, and
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`the U.S. Court of Appeals for the Federal Circuit. I am also admitted to practice
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`before the Supreme Judicial Court for Suffolk County, Massachusetts, and the
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`State of New York Supreme Court Appellate Division, Third Judicial Dept.
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`3. My New York Bar membership number is 4498539.
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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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`Netherlands B.V. et al., Civ. No.: 1:15-cv-10240-LTS (D. Mass.); In the Matter of
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`Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light
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`2
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`Sources, and Products Containing Same, Inv. No. 337-TA-983 (U.S. International
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`IPR2015-01368
`Prussia Declaration
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`Trade Commission); Summit 6 LLC v. Apple Inc., Civ. No.: 7:14-cv-00106 (N.D.
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`Tex.); and St. Clair Intellectual Property Consultants Inc. v. Research in Motion
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`Ltd. et al., Civ. No: 1:08-cv-00371 (D. Del.). In addition, Energetiq Tech., Inc. v.
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`ASML Netherlands B.V. et al., Civ. No.: 1:15-cv-10240-LTS (D. Mass.) 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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`8.
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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 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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`3
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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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`IPR2015-01368
`Prussia Declaration
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`proceedings before the United States Patent and Trademark Office.
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`11.
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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. 8,525,138 (the “’138 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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`ASML Netherlands B.V., Excelitas Technologies Corp., and Qioptiq Photonics
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`GmbH & Co. KG in Energetiq Tech., Inc. v. ASML Netherlands B.V. et al., Civ.
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`No.: 1:15-cv-10240-LTS (D. Mass.) (the “Energetiq litigation”), which is a related
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`matter to this proceeding. The validity of the ’138 patent over the prior art raised in
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`this 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 ’138 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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`4
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`12.
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`I hereby declare that all statements made herein of my own
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`IPR2015-01368
`Prussia 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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`5
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