`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________
`
`NEW WORLD MEDICAL, INC.,
`Petitioner,
`
`v.
`
`MICROSURGICAL TECHNOLOGY, INC.,
`Patent Owner.
`_______________________
`
`Case IPR2020-01573
`
`U.S. Patent No. 9,107,729
`
`_______________________
`
`
`
`EXHIBIT 2001
`DECLARATION OF TERESA M. SUMMERS, ESQ.
`IN SUPPORT OF PATENT OWNER’S MOTION FOR
`PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`
`DECLARATION OF TERESA M. SUMMERS, ESQ.
`
`I, Teresa M. Summers, hereby declare the following under penalty of perjury:
`
`1.
`
`I am an attorney-at-law and Consulting Counsel with the law firm
`
`Wiley Rein LLP. I am over the age of 18, and I make this declaration in support of
`
`the patent owner’s motion for my pro hac vice admission based on my personal
`
`knowledge.
`
`2.
`
`I am an attorney
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`licensed and admitted
`
`to practice
`
`in
`
`the
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`Commonwealth of Virginia and the District of Columbia, where I have been
`
`admitted since 2003 and 2004, respectively. I am a member in good standing of both
`
`the Virginia Bar and the Bar of the District of Columbia.
`
`3.
`
`In the past three years, I have appeared pro hac vice before the United
`
`States Patent and Trademark Office in the following proceedings: IPR2016-00908,
`
`IPR2016-01048, IPR2016-01049, IRP2016-01050, and IPR2016-01051.
`
`4.
`
`I practice in the field of intellectual property, including patent litigation,
`
`and have done so for over seventeen (17) years.
`
`5.
`
`I am admitted to practice before, among others, the Court of Appeals
`
`for the Federal Circuit and all state courts in Virginia. I have also been admitted to
`
`practice and have appeared pro hac vice before, among others, the United States
`
`District Courts for the District of Connecticut, the District of Delaware, the District
`
`of New Jersey, and the District of Hawaii. I have also appeared before the United
`
`
`
`
`
`States International Trade Commission, the Court of International Trade, and
`
`practice regarding trademark matters before the Trademark Trial and Appeal Board.
`
`6.
`
`7.
`
`I clerked at the Court of Appeals for the Federal Circuit.
`
`I have extensive experience in litigating patent infringement matters. I
`
`have been litigating patent infringement cases since my admission to the bar in 2003.
`
`I have been lead counsel in such cases and have appeared before the Court of
`
`Appeals for the Federal Circuit several times regarding appeals in patent
`
`infringement cases.
`
`8.
`
`I represent Patent Owner MicroSurgical Technology, Inc., in an
`
`intellectual property dispute pending at the District of Delaware: MicroSurgical
`
`Technology, Inc. v. New World Medical, Inc., Civil Action No. 1:20-754 (D. Del.),
`
`which concerns, inter alia, the same patent at issue in this proceeding, U.S. Patent
`
`No. 9,107,729 (the “’729 patent”). In my role as MicroSurgical Technology, Inc.’s
`
`counsel during the course of litigating on behalf of MicroSurgical Technology, Inc.,
`
`I have become familiar with MicroSurgical Technology, Inc.’s technological
`
`innovations and patent portfolio, including the ’729 patent. I have analyzed and
`
`studied the ’729 patent and its file history.
`
`9.
`
`I have never been denied admission to practice before any court or
`
`administrative body. I have never ever been suspended or disbarred from practice
`
`
`
`
`
`
`
`before any court or administrative body. I have never been held in contempt by any
`
`court or administrative body.
`
`10.
`
`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 37 C.F.R, part 42.
`
`11.
`
`I understand that I will be subject to the USPTO Rules of Professional
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`Conduct set forth in 37 C.F.R. § 11.101 et seq. and disciplinary jurisdiction under
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`37 C.F.R. § 11.19(a).
`
`12.
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`I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief are believed to be
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`true; and further that these statements are made with the knowledge that willful false
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`statements are punishable by fine, imprisonment, or both under section 1001 of Title
`
`18 of the United States Code and that such willful false statements may jeopardize
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`the validity of U.S. Patent No. 9,107,729.
`
`Respectfully submitted,
`
`
`Teresa M. Summers
`
`
`
`
`
`
`
`
`
`
`
`
`
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