`______________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE INC. and FITBIT, INC.,
`Petitioner
`
`v.
`
`VALENCELL, INC.
`Patent Owner
`______________________
`
`Case No.: IPR2017-00319
`Patent No. 8,923,941
`______________________
`
`DECLARATION OF SAM STAKE IN SUPPORT OF MOTION FOR
`ADMISSION PRO HAC VICE UNDER 37 C.F.R. § 42.10(c)
`
`Fitbit's Exhibit No. 1073
`Page 1 of 3
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`
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`I, Sam Stake, declare as follows:
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`Case No.: IPR2017-00319
`Patent No. 8,923,941
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`1. I am a partner at the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,
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`and provide this declaration in support of Petitioner’s Motion for my pro
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`hac vice admission. I have personal knowledge of the matters set forth
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`herein, and if called as a witness, I could testify competently thereto.
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`2. I have been practicing law for 12 years, since 2008, primarily in the field of
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`intellectual property and, particularly, patent litigation.
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`3. I am a member in good standing of the Bar of the State of California. I am
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`admitted to practice before the United States Courts of Appeals for the
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`Federal Circuit and Ninth Circuit and the United States District Courts for
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`the Northern District of California and the Central District of California.
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`4. I have never been suspended or disbarred by any court or administrative
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`body. No court or administrative body has ever denied my application for
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`admission to practice. No court or administrative body has ever sanctioned
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`or imposed contempt citations on me.
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`5. I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board’s Rules of Practice for Trials, as set forth in Part 42 of 37 C.F.R.
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`6. I agree to be subject to the United States Patent and Trademark Office Rules
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`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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`Fitbit's Exhibit No. 1073
`Page 2 of 3
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`
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`Case No.: IPR2017-00319
`Patent No. 8,923,941
`7. I have not applied to appear pro hac vice before the United States Patent and
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`Trademark Office in any other proceeding in the past.
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`8. I am familiar with the subject matter at issue in this proceeding. In
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`particular, I have spent considerable time reviewing U.S. Patent No.
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`8,923,941, the petition, all exhibits accompanying the petition, and all
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`documents filed in this action. I have also reviewed the pertinent issues of
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`claim construction that have been briefed in this proceeding.
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`I declare under penalty of perjury under the laws of the United States of America
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`that the foregoing is true and correct.
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`Date: September 3, 2020
`
`/s/ Sam Stake
`Sam Stake
`QUINN EMANUEL URQUHART,
` & SULLIVAN, LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`samstake@quinnemanuel.com
`Phone: (415) 875-6600
`
`Fitbit's Exhibit No. 1073
`Page 3 of 3
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