`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Apple Inc.,
`Petitioner
`
`v.
`
`California Institute of Technology
`Patent Owner
`
`IPR2017-00219
`U.S. Patent No. 7,116,710
`
`DECLARATION OF MARK D. SELWYN IN SUPPORT OF MOTION FOR
`ADMISSION PRO HAC VICE
`
`Apple v. Caltech
`IPR2017-00219
`APPLE 1228
`
`
`
`IPR2017-00219
`U.S. Patent No. 7,116,710
`
`I, Mark D. Selwyn, declare as follows:
`
`1.
`
`I was admitted to the Bar of the Commonwealth of Massachusetts and
`
`the New York State Bar in 1994, and the Bar of the State of California in 2006, and
`
`have been practicing law for over 20 years. For most of my career, my practice
`
`has focused on the field of intellectual property, and particularly, patent litigation.
`
`2.
`
`I am a member in good standing of the Massachusetts Bar, the New
`
`York State Bar, and the State Bar of California, and am admitted to practice before
`
`the U.S. Courts of Appeals for the First Circuit and the Federal Circuit, the U.S.
`
`District Courts for the District of Massachusetts, the Northern District of
`
`California, the Central District of California, and the Southern District of
`
`California.
`
`3.
`
`My Massachusetts Bar membership number is 565595. My New
`
`York State Bar membership number is 2637221. My State Bar of California
`
`membership number is 244180.
`
`4.
`
`Over the course of my career, I have been counsel in dozens of patent
`
`litigations. Several of these cases have concerned Patent Office rules and
`
`regulations. For example, I litigated a number of cases concerning the duty of
`
`candor to the Patent Office embodied in 37 C.F.R. §1.56. Cases that I have been
`
`involved in which implicate this rule include Cal. Inst. of Tech. v. Broadcom Ltd.,
`
`- 1 -
`
`
`
`IPR2017-00219
`U.S. Patent No. 7,116,710
`et al., Civ. No. 2:16-cv-3714-GW (AGRx) (C.D. Cal. 2017) (the “Caltech
`
`litigation”, which is a related matter to this proceeding).
`
`5.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`6.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`7.
`
`I have never had any sanctions or contempt citations imposed on me
`
`by any court or administrative body.
`
`8.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials, as set forth in 37 C.F.R. Part
`
`42.
`
`9.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`10.
`
`Within the last three years, I have not been admitted to appear pro hac
`
`vice in any proceedings before the United States Patent and Trademark Office.
`
`- 2 -
`
`
`
`IPR2017-00219
`U.S. Patent No. 7,116,710
`I am familiar with the subject matter at issue in this proceeding. I
`
`11.
`
`have reviewed U.S. Patent No. 7,116,710 (the “’710 patent”), which is being
`
`challenged in this proceeding, as well as its file history, the Petition, the Institution
`
`Decision, and the exhibits in this proceeding. I have also reviewed and am familiar
`
`with the relevant prior art.
`
`12.
`
`Beginning in 2016 and continuing until the present, I have represented
`
`Petitioner Apple Inc. in the Caltech litigation, which is a related matter to this
`
`proceeding. The validity of the ’710 patent is a contested issue in the Caltech
`
`litigation. The validity of other patents in the same patent family as the ’710 patent
`
`over some of the prior art raised in this proceeding are also contested issues in the
`
`Caltech litigation.
`
`13.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that the statements are made with the knowledge
`
`that willful false statements and the like are punishable by fine, imprisonment, or
`
`both, under Section 1001 of Title 18 of the United States Code.
`
`Respectfully Submitted,
`
`/s/ Mark D. Selwyn
`Mark D. Selwyn
`
`- 3 -
`
`
`
`Dated: October 24, 2017
`
`IPR2017-00219
`U.S. Patent No. 7,116,710
`
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, California 94304
`mark.selwyn@wilmerhale.com
`Tel.: 650-858-6031
`Fax: 650-858-5000
`
`- 4 -
`
`
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