`IPR2016-01213
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`JVC KENWOOD Corporation, et al.
`Petitioners
`
`v.
`
`PAPST LICENSING GMBH & CO., KG
`Patent Owner
`
`_______________
`
`CASE: IPR2016-01213
`Patent No. 8,504,746
`_______________
`
`
`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
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`IPR2016-01213
`
`I, Rachel Capoccia, declare as follows:
`
`1.
`
`I am an experienced litigation attorney with more
`
`than twenty (20) years of experience.
`
`2.
`
`I have been
`
`litigating patent cases for approximately
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`seventeen (17) years.
`
`3.
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`I am a member in good standing of the California State Bar
`
`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
`
`entities) in the pending district court case In re: Papst Licensing Digital
`
`
`
`2
`
`
`
`
`IPR2016-01213
`
`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
`
`proceedings).
`
`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
`
`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
`
`District Court’s non-infringement summary judgment rulings regarding related
`
`patents at issue in the District Court case.
`
`9.
`
`I have read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42
`
`of 37 C.F.R.
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`10.
`
`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).
`
`
`
`3
`
`
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`11.
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`I have not previously applied to appear pro hac vice before
`
`
`IPR2016-01213
`
`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
`
`fine or imprisonment, or both, under Section 1001 of Title 18 of the United
`
`States Code.
`
`
`
`Dated: March 23, 2017
`
`
`
`
`
`
`
`
`By: /Rachel Capoccia/
`Rachel Capoccia
`
`
`
`
`
`
`
`4
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`
`
`
`IPR2016-01213
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on March 23,
`
`2017, a copy of the foregoing 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 has been
`
`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
`
`
`
`
`
`
`
`
`
` /s/ Gregory S. Cordrey
`Gregory S. Cordrey
`Attorney for Petitioner
`Registration No. 44,089
`
`
`
`
`
`
`
`5
`
`
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