`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`VISIONSENSE CORP.
`Petitioner,
`
`v.
`
`NOVADAQ TECHNOLOGIES INC.
`Patent Owner.
`
`Patent No. 8,892,190
`
`
`_______________
`
`
`
`Inter Partes Review No. IPR2017-01426
`____________________________________________________________
`
`
`DECLARATION OF KENNETH A. KUWAYTI IN SUPPORT OF
`
`MOTION FOR ADMISSION PRO HAC VICE
`
`
`
`
`
`va-510889
`
`Novadaq Technologies Inc. Exhibit 2005 Page 1
`
`
`
`IPR2017-01426
`
`
`
`
`
`I, Kenneth A. Kuwayti, declare as follows:
`
`1.
`
`I am an attorney licensed to practice law in the state of California, I
`
`am also admitted to practice before the U.S. Court of Appeals for the Federal
`
`Circuit, U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for
`
`the Northern District of California, U.S. District Court for the Central
`
`District of California, U.S. District Court for the Southern District of
`
`California. I am also a member on inactive status of The Law Society of
`
`Upper Canada, which is the bar association for the Province of Ontario,
`
`Canada. I am a member in good standing in all jurisdictions where I have
`
`been admitted to practice.
`
`2.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`3.
`
`I have never had an application denied for admission before any court
`
`or administrative body.
`
`4.
`
`I have never had any sanctions or contempt citations imposed by any
`
`court or administrative body.
`
`5.
`
`I have read and agree to comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of the
`
`C.F.R.
`
`va-510889
`
`1
`
`Novadaq Technologies Inc. Exhibit 2005 Page 2
`
`
`
`IPR2017-01426
`
`
`
`
`
`6.
`
`I affirm my agreement before the USPTO to be subject to the USPTO
`
`Rules of Professional Conduct 37 C.F.R. §§ 11.101 et seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a).
`
`7.
`
`I have not applied to appear pro hac vice in any other proceedings
`
`before the USPTO in the last three (3) years.
`
`8.
`
`I have been a partner at the law firm of Morrison & Foerster LLP
`
`since 1998. I have worked on patent litigation matters throughout my tenure
`
`at the firm.
`
`9.
`
`I am familiar with the subject matter at issue in this proceeding. I
`
`have been engaged by the Patent Owner to represent the Patent Owner
`
`before the Board in this proceeding. I have undertaken the study of inter
`
`alia the ’190 Patent, the Petition for Inter Partes Review, and the art cited in
`
`the Petition. I have acquired a substantial understanding of the underlying
`
`legal and technological issues at stake in these proceedings.
`
`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 these statements are made with the
`
`knowledge that willful false statements and the like so made are punishable
`
`va-510889
`
`2
`
`Novadaq Technologies Inc. Exhibit 2005 Page 3
`
`
`
`IPR2017-01426
`
`
`
`
`
`by fine or imprisonment, or both, under Section 1001 of Title 18 of the
`
`United States Code and that such willful false statements may jeopardize the
`
`validity of U.S. Patent No. 8,892,190.
`
`
`Dated: January 26, 2018
`
`
`
` By: / Kenneth A. Kuwayti /
`Kenneth A. Kuwayti
`Morrison & Foerster LLP
`755 Page Mill Road
`Palo Alto, California 94304-1018
`Tel: (650)813-5688
`
`va-510889
`
`3
`
`Novadaq Technologies Inc. Exhibit 2005 Page 4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
