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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`Case IPR2020-01526
`U.S. Patent 6,771,994
`
`DECLARATION OF JEREMIAH S. HELM
`IN SUPPORT OF PRO HAC VICE MOTION
`
`Masimo Ex. 2016
`Apple v. Masimo
`IPR2020-01526
`
`

`

`I, Jeremiah S. Helm, Ph.D., declare and state as follows:
`
`1.
`
`I am a partner in the law firm of Knobbe, Martens, Olson & Bear,
`
`LLP. Lead counsel for Patent Owner Masimo Corporation (“Masimo”) in this
`
`inter partes review proceeding is John Grover, who is a partner in the law firm of
`
`Knobbe, Martens, Olson & Bear, LLP. Mr. Grover is registered to practice before
`
`the United States Patent and Trademark Office and holds Registration No. 42,610.
`
`With respect to this proceeding, I will work closely with Mr. Grover.
`
`2.
`
`I have over 12 years of experience as a patent litigator and have
`
`represented clients in numerous patent litigation cases in various United States
`
`District Courts and the Court of Appeals for the Federal Circuit. In addition, I
`
`spent approximately five years in the Office of the Solicitor at the United States
`
`Patent and Trademark Office, defending decisions by the Patent Office before the
`
`United States Court of Appeals for the Federal Circuit and the federal district
`
`courts.
`
`3.
`
`I am comfortable and experienced with technically and legally
`
`complex matters, such as will be present in this proceeding. In particular, I am
`
`experienced with technically and legally complex matters in the field of chemistry
`
`and biotechnology. In addition to my experience with technically and legally
`
`complex patent matters, I hold a Ph.D. degree in Chemistry from Princeton
`
`-1-
`
`

`

`University. I also served as a law clerk to the Honorable Kimberly A. Moore,
`
`Circuit Judge of the United States Court of Appeals for the Federal Circuit.
`
`4.
`
`I am familiar with U.S. Patent 6,771,994 and with the legal subject
`
`matter, technical subject matter, and cited art discussed in Petitioner Apple, Inc.’s
`
`(“Apple”) request for inter partes review of U.S. Patent 6,771,994, which forms
`
`the basis for this proceeding. In view of my legal experience, technical
`
`background, and familiarity with the issues in the present matter, Masimo has
`
`requested my services in the present matter. Denial of my appearance in this case
`
`would create an undue burden on Patent Owner Masimo.
`
`5.
`
`I am a member in good standing of the Bar of the State of California.
`
`I am admitted to practice before the United States Court of Appeals for the Federal
`
`Circuit.
`
`6.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`7.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`8.
`
`I have never been sanctioned or cited for contempt by any court or
`
`administrative body.
`
`-2-
`
`

`

`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 Title 37 of
`
`the Code of Federal Regulations.
`
`10.
`
`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).
`
`11.
`
`In the past three (3) or more years, I have appeared pro hac vice in
`
`proceedings before the United States Patent and Trademark Office in the matter of
`
`Illumina, Inc. v. Natera, Inc., IPR2019-01201; in the matters of Sotera Wireless,
`
`Inc. v. Masimo Corp., IPR2020-00967, IPR2020-01019, and IPR2020-01033; and
`
`in the matters of Apple Inc. v. Masimo Corp., IPR2020-01520, IPR2020-01536,
`
`IPR2020-01537, IPR2020-01538, and IPR2020-01539.
`
`I 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 were made with the knowledge that willful, false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`Executed on January 10, 2022, at Washington, D.C.
`
`/Jeremiah S. Helm/
`Jeremiah S. Helm, Ph.D.
`
`-3-
`
`

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