`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`SIRIUS XM RADIO INC.,
`
`Petitioner,
`
`v.
`
`
`FRAUNHOFER-GESELLSCHAFT ZUR FÖRDERUNG DER
`ANGEWANDTEN FORSCHUNG E.V.,
`Patent Owner.
`
`____________________
`
`Case IPR2018-00690
`U.S. Patent No. 6,314,289
`__________________________________________________________
`
`AFFIDAVIT OF MARK A. BAGHDASSARIAN IN SUPPORT OF MOTION
`FOR PRO HAC VICE ADMISSION
`
`
`
`
`
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1033, p. 1
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`
`
`
`
`1.
`
`I, Mark A. Baghdassarian, am more than twenty-one years of age, am
`
`competent to present this affidavit, and have personal knowledge of the facts set
`
`forth herein.
`
`2.
`
`This affidavit is given in support of the Motion by Petitioner Sirius
`
`XM Radio Inc. (“Sirius XM” or “Petitioner”) for Pro Hac Vice Admission of Mark
`
`A. Baghdassarian.
`
`3.
`
`I am a partner in the Intellectual Property Department in the New
`
`York office of the law firm Kramer Levin Naftalis & Frankel LLP.
`
`4.
`
`I have been practicing law since 1999 and have extensive experience
`
`litigating patent infringement cases in many different district courts across the
`
`United States.
`
`5. My experience in patent litigation matters includes multiple trials,
`
`Markman hearings, patent summary judgment proceedings, and other patent-
`
`related hearings and pleadings concerning, inter alia, patent validity and
`
`infringement issues.
`
`6.
`
`I am a member in good standing of the State Bar of New York and the
`
`State Bar of Connecticut. I have never been suspended or disbarred from practice
`
`before any court or administrative body. However, I did receive an administrative
`
`suspension for a misunderstanding on the payment of fees to the State of
`
`1
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1033, p. 2
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`
`
`
`
`Connecticut. Once this payment of fees was resolved, the administrative
`
`suspension was promptly lifted.
`
`7.
`
`No court or administrative body has ever denied my application for
`
`admission to practice before it.
`
`8.
`
`No court or administrative body has imposed sanctions or contempt
`
`citations on me.
`
`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 of
`
`C.F.R.
`
`10.
`
`I understand that I will be subject to the USPTO Code of Professional
`
`Responsibility set forth in 37 C.P.R. §§ 11.101 et seq. and disciplinary jurisdiction
`
`under 37 C.P.R.§ 11.19(a).
`
`11.
`
`I have not applied to appear pro hac vice in any other proceedings
`
`before the Office in the last three (3) years.
`
`12.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I am one of Sirius XM’s lead trial counsel in the co-pending district
`
`court litigation, Fraunhofer-Gesellschaft Zur Forderung der angewandten
`
`Forschung e.V. v. Sirius XM Radio Inc., Civil Action No. 1:17-cv-00184 (D. Del.)
`
`(the “District Court Litigation”), which involves the same patent at issue in this
`
`proceeding (U.S. Patent No. 6,314,289 (the “’289 Patent”)). As lead counsel, I
`
`2
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1033, p. 3
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`
`
`
`
`have been actively involved in all aspects of the District Court Litigation including
`
`Petitioner’s factual investigation and development of its noninfringement and
`
`invalidity positions regarding the claims of the ’289 Patent being challenged in this
`
`proceeding.
`
`13.
`
`I have also substantively reviewed all materials filed in the Inter
`
`Partes Review and have been engaged with Petitioner Sirius XM’s actions
`
`involved in this Inter Partes Review to date.
`
`14.
`
`I am thus very familiar with the ‘289 Patent and the issues involved in
`
`this case.
`
`Respectfully submitted,
`
`
`
`
` /Mark A. Baghdassarian
`Mark A. Baghdassarian
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`212.715.9100
`mbaghdassarian@kramerlevin.com
`
`
`
`
`
`3
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1033, p. 4
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`
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
