`____________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner
`v.
`STRATOSAUDIO, INC.,
`Patent Owner
`____________________
`Case No. IPR2021-00716
`U.S. Patent No. 8,688,028
`____________________
`
`
`DECLARATION OF THOMAS R. MAKIN IN SUPPORT OF
`PETITIONER VOLKSWAGEN GROUP OF AMERICA, INC.’S
`UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE
`
`Volkswagen Exhibit 1011
`Volkswagen Group of America, Inc. and StratosAudio, Inc., IPR2021-00716
`Page 1
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`I, Thomas R. Makin, declare as follows:
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`1.
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`I am a partner at the law firm of Shearman & Sterling LLP, located at
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`599 Lexington Ave., New York, NY 10022.
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`2.
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`I make this declaration in support of Petitioner Volkswagen Group of
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`America, Inc.’s Motion for my admission pro hac vice.
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`3.
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`I am a member in good standing of the Bar of New York. I am also
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`duly admitted and authorized to practice law before the United States District
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`Court for the Eastern District of New York, the United States District Court for the
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`Southern District of New York, the United States District Court for the Eastern
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`District of Michigan, and the United States Court of Appeals for the Federal
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`Circuit.
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`4.
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`I have been practicing law and litigating cases for over 20 years.
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`During this time, my practice has focused on patent infringement matters in federal
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`court.
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`5.
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`I am counsel for Petitioner Volkswagen Group of America, Inc. in a
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`patent infringement action pending in the United States District Court for the
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`Western District of Texas involving the same subject matter and patent at issue in
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`this proceeding, captioned StratosAudio, Inc. v. Volkswagen Group of America,
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`Volkswagen Exhibit 1011
`Volkswagen Group of America, Inc. and StratosAudio, Inc., IPR2021-00716
`Page 2
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`
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`Inc., Case No. 6:20-cv-01131-ADA. In the district court action, Patent Owner
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`asserted patents directed to media enhancement systems, including U.S. Patent No.
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`8,688,028 (“the ’028 patent”), the patent at issue in this inter partes review
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`proceeding. I have spent a substantial amount of time becoming familiar with the
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`’028 patent and pertinent prior art. As a result, I have become extremely familiar
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`with the subject matter at issue in this proceeding.
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`6.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`7.
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`I have not been denied admission to practice before any court or
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`administrative body.
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`8.
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`I have never been sanctioned or cited for contempt by any court or
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`administrative body.
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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 C.F.R.
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`10.
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`I will be subject to the United States Patent and Trademark Office
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`Code of Professional Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). I also will be subject to the
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`USPTO Rules of Professional Conduct as set forth in Changes to Representation of
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`Volkswagen Exhibit 1011
`Volkswagen Group of America, Inc. and StratosAudio, Inc., IPR2021-00716
`Page 3
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`
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`Others Before the United States and Trademark Office; Final Rule, 78 Fed. Reg.
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`20180 (Apr. 3, 2013) (effective May 3, 2013).
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`11.
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`I am also applying to appear pro hac vice in the following inter partes
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`review proceedings involving patents owned by Patent Owner and asserted against
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`Petitioner in the above-referenced district court case: IPR2021-00712, IPR2021-
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`00720, and IPR2021-00721. In the past three years, I have also been admitted pro
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`hac vice in the following proceedings before the United States Patent Trademark
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`Office: IPR2019-00397, IPR2019-00398, CBM2019-00019, CBM2019-00020,
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`CBM2019-00022, CBM2019-00023, CBM2019-00024, IPR2019-01259,
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`IPR2019-01260, IPR2019-01261, IPR2019-01487, IPR2019-01488, and IPR2020-
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`00908.
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`12.
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`I hereby declare that all statements made herein of my knowledge are
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`true and that all statements made on information and belief are believed to be true,
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under § 1001 of Title 18 of the United States Code.
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`Volkswagen Exhibit 1011
`Volkswagen Group of America, Inc. and StratosAudio, Inc., IPR2021-00716
`Page 4
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`Dated: December 23, 2021
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`/Thomas R. Makin/
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`
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`Thomas R. Makin
`Back-up Counsel for Petitioner
`Shearman & Sterling LLP
`599 Lexington Ave.
`New York, NY 10022
`212.848.7698
`Thomas.Makin@Shearman.com
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`Volkswagen Exhibit 1011
`Volkswagen Group of America, Inc. and StratosAudio, Inc., IPR2021-00716
`Page 5
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