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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`SIRIUS XM RADIO INC.,
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`Petitioner,
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`v.
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`FRAUNHOFER-GESELLSCHAFT ZUR FÖRDERUNG DER
`ANGEWANDTEN FORSCHUNG E.V.,
`Patent Owner.
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`____________________
`
`Case IPR2018-00690
`U.S. Patent No. 6,314,289
`__________________________________________________________
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`AFFIDAVIT OF MARK A. BAGHDASSARIAN IN SUPPORT OF MOTION
`FOR PRO HAC VICE ADMISSION
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`Petitioner Sirius XM Radio Inc. – Exhibit 1033, p. 1
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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`1.
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`I, Mark A. Baghdassarian, am more than twenty-one years of age, am
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`competent to present this affidavit, and have personal knowledge of the facts set
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`forth herein.
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`2.
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`This affidavit is given in support of the Motion by Petitioner Sirius
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`XM Radio Inc. (“Sirius XM” or “Petitioner”) for Pro Hac Vice Admission of Mark
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`A. Baghdassarian.
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`3.
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`I am a partner in the Intellectual Property Department in the New
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`York office of the law firm Kramer Levin Naftalis & Frankel LLP.
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`4.
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`I have been practicing law since 1999 and have extensive experience
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`litigating patent infringement cases in many different district courts across the
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`United States.
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`5. My experience in patent litigation matters includes multiple trials,
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`Markman hearings, patent summary judgment proceedings, and other patent-
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`related hearings and pleadings concerning, inter alia, patent validity and
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`infringement issues.
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`6.
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`I am a member in good standing of the State Bar of New York and the
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`State Bar of Connecticut. I have never been suspended or disbarred from practice
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`before any court or administrative body. However, I did receive an administrative
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`suspension for a misunderstanding on the payment of fees to the State of
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`1
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`Petitioner Sirius XM Radio Inc. – Exhibit 1033, p. 2
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
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`
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`Connecticut. Once this payment of fees was resolved, the administrative
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`suspension was promptly lifted.
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`7.
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`No court or administrative body has ever denied my application for
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`admission to practice before it.
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`8.
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`No court or administrative body has imposed sanctions or contempt
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`citations on me.
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`9.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board's Rules of Practice for Trials set forth in part 42 of 37 of
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`C.F.R.
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`10.
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`I understand that I will be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.P.R. §§ 11.101 et seq. and disciplinary jurisdiction
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`under 37 C.P.R.§ 11.19(a).
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`11.
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`I have not applied to appear pro hac vice in any other proceedings
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`before the Office in the last three (3) years.
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`12.
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`I have an established familiarity with the subject matter at issue in this
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`proceeding. I am one of Sirius XM’s lead trial counsel in the co-pending district
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`court litigation, Fraunhofer-Gesellschaft Zur Forderung der angewandten
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`Forschung e.V. v. Sirius XM Radio Inc., Civil Action No. 1:17-cv-00184 (D. Del.)
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`(the “District Court Litigation”), which involves the same patent at issue in this
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`proceeding (U.S. Patent No. 6,314,289 (the “’289 Patent”)). As lead counsel, I
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`2
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`Petitioner Sirius XM Radio Inc. – Exhibit 1033, p. 3
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
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`have been actively involved in all aspects of the District Court Litigation including
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`Petitioner’s factual investigation and development of its noninfringement and
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`invalidity positions regarding the claims of the ’289 Patent being challenged in this
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`proceeding.
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`13.
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`I have also substantively reviewed all materials filed in the Inter
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`Partes Review and have been engaged with Petitioner Sirius XM’s actions
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`involved in this Inter Partes Review to date.
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`14.
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`I am thus very familiar with the ‘289 Patent and the issues involved in
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`this case.
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`Respectfully submitted,
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` /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
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`3
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`Petitioner Sirius XM Radio Inc. – Exhibit 1033, p. 4
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
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