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`APPLE INC.,
`Petitioner
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`v.
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`ALIVECOR, INC.,
`Patent Owner
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`Case IPR2021-00972
`Patent 10,638,941
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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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`DECLARATION OF NOAH C. GRAUBART IN SUPPORT OF
`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION
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`APPLE 1059
`Apple. v. Alivecor
`IPR2021-00972
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`1
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`
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`I, Noah C. Graubart, hereby declare to the following:
`
`Proceeding No.: IPR2021-00972
`Attorney Docket: 50095-0034IP1
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`1.
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`I am a member in good standing of the State Bar of Georgia, the
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`Supreme Court of Georgia, Court of Appeals of Georgia, the Supreme Court of the
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`United States, the U.S. Courts of Appeals for the Second, Fifth, Ninth, Eleventh,
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`and Federal Circuits, the U.S. District Court for the District of Colorado, the U.S.
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`District Court for the Middle and Northern Districts of Georgia, and the U.S.
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`District Court for the Eastern and Western Districts of Texas.
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`2.
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`I have not been suspended or disbarred from practice before any court
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`or administrative body.
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`3.
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`I have never had an application for admission to practice before any
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`court or administrative body denied, subject to two exceptions. Specifically, in two
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`instances, my application to appear pro hac vice in the Northern District of
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`California was denied initially based on inadvertent omission of required
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`information (i.e., a specific identification of “the highest court of another State” to
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`which I am admitted). Straight Path IP Group, Inc. v. Avaya Inc., No. 3:14-
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`cv04309-WHA, Dkt. No. 16 (N.D. Cal. Oct. 30, 2014); Straight Path IP Group,
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`Inc. v. Avaya Inc., No. 3:16-cv-03459-WHA, Dkt. No. 19 (N.D. Cal. July 19,
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`2016). In both instances, my application to appear pro hac vice was subsequently
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`granted after re-submission with the required information. Straight Path IP Group,
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`Inc. v. Avaya Inc., No. 3:14-cv-04309-WHA, Dkt. No. 20 (N.D. Cal. Oct. 31,
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`2
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`2014); Straight Path IP Group, Inc. v. Avaya Inc., No. 3:16-cv-03459-WHA, Dkt.
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`Proceeding No.: IPR2021-00972
`Attorney Docket: 50095-0034IP1
`
`
`No. 23 (N.D. Cal. July 26, 2016).
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`4.
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`No sanction or contempt citation has been imposed against me by any
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`court or administrative body.
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`5.
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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 the Code
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`of Federal Regulations.
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`6.
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`I will be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a).
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`7.
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`In the past three years, I have applied for and received admission pro
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`hac vice in IPR2018-01250, IPR2018-01251, IPR2018-01280 and IPR2018-01281.
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`8.
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`I am an experienced patent litigation attorney with over sixteen years
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`of experience representing clients in cases involving smartphone software, audio
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`and video processing, telecommunications solutions, wireless networking, optical
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`networking, computer hardware interfaces, and semiconductor fabrication
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`methods. I regularly litigate patent cases before the U.S. District Courts across the
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`country, at the U.S. International Trade Commission, as well as arguing or briefing
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`cases in the U.S. Courts of Appeals, including at the Federal Circuit.
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`3
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`I am intimately familiar with the issues and subject matter presented
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`Proceeding No.: IPR2021-00972
`Attorney Docket: 50095-0034IP1
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`
`9.
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`in this above-captioned inter partes review proceeding. For example, I have
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`extensively reviewed the above identified patent, its prosecution history, the
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`Petition for IPR (including the invalidity grounds therein, and the cited references),
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`and all exhibits filed in this case.
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`10. My biography is attached hereto as Appendix A.
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`11.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States Code
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`and that such willful false statements may jeopardize the validity of the application
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`or any patents issued thereon.
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`Date: March 9, 2022
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`Respectfully submitted,
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`
`/Noah C. Graubart/
`NOAH C. GRAUBART
`Fish & Richardson P.C.
`Email: Graubart@fr.com
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`4
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`APPENDIX A
`APPENDIX A
`
`5
`
`
`
`Noah C. Graubart
`Principal
`
`Atlanta, GA
`
`404-724-2820
`
`“He just gets it, he knows exactly what | need. He’s responsive, pragmatic and he really breaksit
`downin an easily digestible manner.”
`
`— Client testimonials, 2019 Chambers and Partners
`
`Overview
`
`
` ÿÿ
`
`
ÿ
`graubart@fr.com
`
`
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`graubart@fr.com
`
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`
`Noahservesasthe Atlanta office’s Pro Bono Coordinatorandis actively involved in numerous pro
`bono causes. Noah'spro bonopractice has included numerouspost-conviction proceedingsin state
`and federal court, including several death penalty cases. Noahassisted in obtaining from the
`Supreme Court of Virginia a reversal and new sentencing hearing for a client facing a death sentence.
`He serves on the Board of Directors for the Texas Defender Service and as a member ofthe Atlanta
`Advisory Committee of Kids in Need of Defense (KIND).
`
`About Noah
`
`Noah C. Graubart is a co-founderof Fish’s Atlanta office, who leads complex patentlitigation and
`otherintellectual property cases for some of the world’s most prominent technology companies.
`Noah regularly represents clients in U.S. District Courts across the country, at the U.S. International
`Trade Commission, in the U.S. Courts of Appeals, including at the Federal Circuit.
`
`Noah’s practice includes experience with a diverse range of high technologylitigation, including cases
`involving smartphonesoftware, audio and video processing, telecommunications solutions, wireless
`networking, optical networking, computer hardware interfaces, and semiconductorfabrication
`methods.
`
`Prior to joining the firm, Noah served asa law clerk for the Honorable Jerry E. Smith of the United
`
`6
`
`
` ÿX &ÿYÿN ÿ ÿ ÿM (
`
`Noahservesasthe Atlanta office’s Pro Bono Coordinatorandis actively involved in numerous pro
`bono causes. Noah'spro bonopractice has included numerouspost-conviction proceedingsin state
`and federal court, including several death penalty cases. Noahassisted in obtaining from the
`Supreme Court of Virginia a reversal and new sentencing hearing for a client facing a death sentence.
`He serves on the Board of Directors for the Texas Defender Service and as a member ofthe Atlanta
`Advisory Committee of Kids in Need of Defense (KIND).
`
`About Noah
`
`Noah C. Graubart is a co-founderof Fish’s Atlanta office, who leads complex patentlitigation and
`otherintellectual property cases for some of the world’s most prominent technology companies.
`Noah regularly represents clients in U.S. District Courts across the country, at the U.S. International
`Trade Commission, in the U.S. Courts of Appeals, including at the Federal Circuit.
`
`Noah’s practice includes experience with a diverse range of high technologylitigation, including cases
`involving smartphonesoftware, audio and video processing, telecommunications solutions, wireless
`networking, optical networking, computer hardware interfaces, and semiconductorfabrication
`methods.
`
`Prior to joining the firm, Noah served asa law clerk for the Honorable Jerry E. Smith of the United
`
`6
`
`
`
`States Court of Appeals for the Fifth Circuit.
`
`Noahlives in Atlanta, Georgia, with his wife of sixteen years, Emily, and their three children.
`
`Focus Areas
`
`Services
`
`e Litigation
`
`e ITC Litigation
`
`e Patent Litigation
`
`Industries
`
`e ConsumerProducts
`
`¢ Digital Media and E-Commerce
`
`e Electrical and Computer Technology
`
`e Internet
`
`e Manufacturing
`
`e Telecommunications
`
`Education
`
`B.A., Political Science, Northwestern University (2001)
`
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`J.D. with honors, Orderof the Coif , University of Chicago Law School (2004) Member,University of
`Chicago Law Review
`
`Experience
`
`
`
`Patent Infringement Cases
`
`Wireless Discovery LLC v. Bumble Trading LLC,et al. (W.D. Tex. 2020) (Albright, J.): Counsel for
`Bumble in patent infringement caserelated to online dating applications and location-based social
`
`7
`
`
`
`J.D. with honors, Orderof the Coif , University of Chicago Law School (2004) Member,University of
`Chicago Law Review
`
`Experience
`
`
`
`Patent Infringement Cases
`
`Wireless Discovery LLC v. Bumble Trading LLC,et al. (W.D. Tex. 2020) (Albright, J.): Counsel for
`Bumble in patent infringement caserelated to online dating applications and location-based social
`
`7
`
`
`
`networking technology.
`
`Ikorongo Texas LLC,et al. v. Bumble Trading LLC (W.D. Tex. 2020)(Albright, J.): Counsel for
`Bumble in patent infringement case concerning online dating application and location-sharing
`technology.
`
`Clear Imaging Research, LLC v. SamsungElectronics Co., Ltd., et al. (E.D. Tex. 2019) (Gilstrap, J.):
`Counsel for Samsungin patent infringement case concerning digital photography software.
`
`adv. SEVEN Networks LLC (E.D. Tex. 2019) (Gilstrap, J.): Counsel for large electronics supplier in a
`patent dispute involving mobile device and cloud services technologies.
`
`Realtime Adaptive Streaming LLC v. AVAYA, Inc. (D. Colo. 2018) (Brimmer, J.): Counsel for AVAYA
`in patent infringementlitigation related to AV compression standards.
`
` ÿ
`
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