`
`By:
`
`Filed on behalf of:
`Patent Owner Masimo Corporation
`Irfan A. Lateef (Reg. No. 51,922)
`Ted M. Cannon (Reg. No. 55,036)
`Jarom D. Kesler (Reg. No. 57,046)
`Jacob L. Peterson (Reg. No. 65,096)
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail:
`AppleIPR127-1@knobbe.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`Case IPR2022-01299
`U.S. Patent 7,761,127
`
`DECLARATION OF JEREMIAH S. HELM
`IN SUPPORT OF PRO HAC VICE MOTION
`
`MASIMO 2001
`Apple v. Masimo
`IPR2022-01299
`
`
`
`IPR2022-01299
`Apple Inc. v. Masimo Corporation
`I, Jeremiah S. Helm, Ph.D., declare and state as follows:
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`1.
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`I am a partner in the law firm of Knobbe, Martens, Olson & Bear,
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`LLP. Lead counsel for Patent Owner Masimo Corporation (“Masimo”) in this
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`inter partes review proceeding is Irfan A. Lateef, who is a partner in the law firm
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`of Knobbe, Martens, Olson & Bear, LLP. Mr. Lateef is registered to practice
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`before the United States Patent and Trademark Office and holds Registration No.
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`51,922. With respect to this proceeding, I will work closely with Mr. Lateef.
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`2.
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`I have over 12 years of experience as a patent litigator and have
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`represented clients in numerous patent litigation cases in various United States
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`District Courts and the Court of Appeals for the Federal Circuit. In addition, I
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`spent approximately five years in the Office of the Solicitor at the United States
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`Patent and Trademark Office, defending decisions by the Patent Office before the
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`United States Court of Appeals for the Federal Circuit and the federal district
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`courts.
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`3.
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`I am comfortable and experienced with technically and legally
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`complex matters, such as will be present in this proceeding. In particular, I am
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`experienced with technically and legally complex matters in the field of chemistry
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`and biotechnology. In addition to my experience with technically and legally
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`complex patent matters, I hold a Ph.D. degree in Chemistry from Princeton
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`-1-
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`MASIMO 2001
`Apple v. Masimo
`IPR2022-01299
`
`
`
`IPR2022-01299
`Apple Inc. v. Masimo Corporation
`University. I also served as a law clerk to the Honorable Kimberly A. Moore,
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`Chief Judge of the United States Court of Appeals for the Federal Circuit.
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`4.
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`I am familiar with U.S. Patent 10,945,648 and with the legal subject
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`matter, technical subject matter, and cited art discussed in Petitioner Apple Inc.’s
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`(“Apple”) request for inter partes review of U.S. Patent 10,945,648, which forms
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`the basis for this proceeding. In view of my legal experience, technical
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`background, and familiarity with the issues in the present matter, Masimo has
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`requested my services in the present matter. Denial of my appearance in this case
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`would create an undue burden on Patent Owner Masimo.
`
`5.
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`I am a member in good standing of the Bar of the State of California.
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`I am admitted to practice before the United States Court of Appeals for the Federal
`
`Circuit.
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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 never had a court or administrative body deny my application
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`for admission to practice.
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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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`-2-
`
`MASIMO 2001
`Apple v. Masimo
`IPR2022-01299
`
`
`
`IPR2022-01299
`Apple Inc. v. Masimo Corporation
`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
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`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
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`in the matters of Apple Inc. v. Masimo Corp., IPR2020-01520, IPR2020-01526,
`
`IPR2020-01536, IPR2020-01537, IPR2020-01538, and IPR2020-01539.
`
`I declare that all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true, and
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`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 Section 1001 of Title 18 of the United States Code.
`
`Executed on September 13, 2022, at Irvine, CA.
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`
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`56282005
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`
`/Jeremiah S. Helm/
`Jeremiah S. Helm, Ph.D.
`
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`
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`-3-
`
`MASIMO 2001
`Apple v. Masimo
`IPR2022-01299
`
`