`IPR2016-01211
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`CANON, INC., et al.
`Petitioners
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`v.
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`PAPST LICENSING GMBH & CO., KG
`Patent Owner
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`_______________
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`CASE: IPR2016-1211
`Patent No. 8,504,746
`_______________
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`DECLARATION OF RACHEL CAPOCCIA IN SUPPORT OF
`PETITIONER’S MOTION FOR ADMISSION
`PRO HAC VICE OF RACHEL CAPOCCIA
`PURSUANT TO 37 C.F.R. § 42.10
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`IPR2016-01211
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`I, Rachel Capoccia, declare as follows:
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`1.
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`I am an experienced litigation attorney with more
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`than twenty (20) years of experience.
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`2.
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`I have been
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`litigating patent cases for approximately
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`seventeen (17) years.
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`3.
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`I am a member in good standing of the California State Bar
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`and am admitted to practice in the United States Court of Appeals for the Federal
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`Circuit, United States Court of Appeals for the Ninth Circuit, the United States
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`District Courts for the Central, Northern, Southern, and Eastern Districts of
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`California and the United States District Court for the Eastern District of Texas.
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`4.
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`I have never been suspended or disbarred from
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`practice before any court or administrative body.
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`5.
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`I have never had an application for admission to
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`practice before any court or administrative body denied.
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`6.
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`I have had no sanctions or contempt citations imposed
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`against me by any court or administrative body.
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`7.
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`I am familiar with the subject matter at issue in this
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`proceeding, including the patent-at-issue. I am lead counsel for JVC
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`KENWOOD Corporation and Panasonic Corporation (and related corporate
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`entities) in the pending district court case In re: Papst Licensing Digital
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`2
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`IPR2016-01211
`Camera Patent Litigation – MDL No. 1880, Case No. 07-mc-00493 (D.D.C.),
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`which has been pending since 2007 and involves the same patent at issue in this
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`proceeding, as well as related patents in the same family (including another
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`patent that is the subject of additional instituted Inter Partes Review
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`proceedings).
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`8.
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`I have been actively involved in all aspects of the pending
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`district court case, including proceedings related to issues of invalidity of all
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`patents-in-suit, and arguing on behalf of all defendants in claim construction
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`proceedings with respect to other related patents-in-suit in 2008, and with
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`respect to this patent and other related patents-in-suit in 2016. I also argued on
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`behalf of all defendants at the Federal Circuit regarding Papst’s appeal of the
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`District Court’s non-infringement summary judgment rulings regarding related
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`patents at issue in the District Court case.
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`9.
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`I have read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42
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`of 37 C.F.R.
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`10.
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`I agree to be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.F.R. §§10.20 et seq., and to disciplinary
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`jurisdiction under 37 C.F.R. §11.19(a).
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`3
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`IPR2016-01211
`I have not previously applied to appear pro hac vice before
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`11.
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`the Office.
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`12.
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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 the
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`knowledge that willful false statements and the like so made are punishable by
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`fine or imprisonment, or both, under Section 1001 of Title 18 of the United
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`States Code.
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`
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`Dated: March 24, 2017
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`By: /Rachel Capoccia/
`Rachel Capoccia
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`4
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`IPR2016-01211
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on March 27,
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`2017, a copy of the foregoing DECLARATION OF RACHEL CAPOCCIA IN
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`SUPPORT OF PETITIONER’S MOTION FOR ADMISSION PRO HAC
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`VICE OF RACHEL CAPOCCIA PURSUANT TO 37 C.F.R. § 42.10 has been
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`served in its entirety by e-mail on the following addresses of record for Petitioner:
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`ntpete@fitcheven.com
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`phenkelmann@fitcheven.com
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`jmarinelli@fitcheven.com
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`nlittle@fitcheven.com
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`ameola@themeolafirm.com
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`PapstIPR@fitcheven.com
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` /s/ David M. Maiorana
`David M. Maiorna
`Attorney for Petitioner
`Registration No. 41,449
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`5
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