`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`NICHIA CORPORATION,
`
`Petitioner,
`
`v.
`
`DOCUMENT SECURITY SYSTEMS, INC.,
`
`Patent Owner.
`
`____________________
`
`CASE NO. IPR2018-00966
`
`U.S. Patent No. 7,652,297
`
`____________________
`
`
`
`
`
`DECLARATION OF THOMAS R. MAKIN
`IN SUPPORT OF PETITIONER’S UNOPPOSED MOTION
`FOR ADMISSION PRO HAC VICE
`
`
`
`
`
`I, Thomas R. Makin, declare as follows:
`
`1.
`
`I am a partner at the law firm of Shearman & Sterling LLP, located at
`
`599 Lexington Ave., New York, NY 10022.
`
`2.
`
`I make this declaration in support of Petitioner Nichia Corporation’s
`
`Motion for my admission pro hac vice.
`
`3.
`
`I am a member in good standing of the Bar of New York. I am also
`
`duly admitted and authorized to practice law before the United States District
`
`Court for the Eastern District of New York, United States District Court for the
`
`Southern District of New York, United States District Court for the Eastern District
`
`of Michigan, and United States Court of Appeals for the Federal Circuit.
`
`4.
`
`I have been practicing law and litigating cases for over 17 years.
`
`During this time, my practice has focused on patent infringement matters in federal
`
`court.
`
`5.
`
`I am counsel for Petitioner Nichia Corporation in a patent
`
`infringement action pending in the United States District Court for the Central
`
`District of California involving the same subject matter and patent at issue in this
`
`proceeding, captioned Document Security Systems, Inc. v. Nichia Corporation, et
`
`al., Case No. 2:17-cv-08849-JVS. In the district court action, Patent Owner
`
`asserted patents directed to light emitting diode products, including U.S. Patent No.
`2
`
`
`
`
`
`7,652,297 (“the ’297 patent”), the patent at issue in this inter partes review
`
`proceeding. I have spent a substantial amount of time becoming familiar with the
`
`’297 patent, the underlying light emitting diode products and pertinent prior art.
`
`As a result, I have become extremely familiar with the subject matter at issue in
`
`this proceeding.
`
`6.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`7.
`
`I have not been denied admission to practice before any court or
`
`administrative body.
`
`8.
`
`I have never been sanctioned or cited for contempt by any court or
`
`administrative body.
`
`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 37 C.F.R.
`
`10.
`
`I will be subject to the United States Patent and Trademark Office
`
`Code of Professional Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). I also will be subject to the
`
`USPTO Rules of Professional Conduct as set forth in Changes to Representation of
`
`
`
`3
`
`
`
`Others Before the United States and Trademark Office; Final Rule, 78 Fed. Reg.
`
`20180 (Apr. 3, 2013) (effective May 3, 2013).
`
`11.
`
`I am also applying to appear pro hac vice in the following inter partes
`
`review proceedings involving patents owned by Patent Owner and asserted against
`
`Petitioner in the above-referenced district court case: IPR2018-00965, IPR2018-
`
`01165, IPR2018-01166, and IPR2018-01167. In the past three years, I have also
`
`been admitted pro hac vice in the following inter partes review proceedings:
`
`IPR2015-01087, IPR2016-01750, IPR2016-01751, IPR2016-01753, IPR2016-
`
`01754, and IPR2016-01755.
`
`I hereby declare that all statements made herein of my 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 § 1001 of Title 18 of the United States Code.
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`f/L._;
`
`Thomas R. Makin
`
`Back-up Counsel for Petitioner
`Shearman & Sterling LLP
`599 Lexington Ave.
`New York, NY 10022
`212.848.7698
`
`Thomas.Makin@Shearman.oom
`
`
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