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DECLARATION OF THOMAS R. MAKIN
`
`I, Thomas R. Makin, declare as follows:
`
`1.
`
`I am a member in good standing of the Bar of New York, as well as the
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`following Federal Courts:
`
`United States District Court for the Eastern District of New York
`United States District Court for the Southern District of New York
`United States Court of Appeals for the Federal Circuit
`
`2.
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`I have not been suspended or disbarred from practice before any court
`
`or administrative body.
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`3.
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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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`4.
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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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`5.
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`I have read and will comply with the Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trials set forth in Part 42 of the C.F.R.
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`6.
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`I will be subject to the United States Patent and Trademark Office Code
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`of Professional Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a).
`
`7.
`
`I have not applied to appear pro hac vice before the Office in the last three
`
`years, although I am simultaneously applying to appear pro hac vice in the following
`
`Inter Partes review trials: IPR2013-00412, IPR2013-00414, IPR2013-00415, IPR2013-
`
`IPR2013-00413 - Ex. 1107
`Toyota Motor Corp., Petitioner
`American Vehicular Sciences LLC, Patent Owner
`
`1
`
`

`
`
`
`00416, IPR2013-00417, IPR2013-00419, IPR2013-00420, IPR2013-00421, IPR2013-
`
`
`
`
`
`
`
`
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`00422, IPR2013-00423, and IPR2013-00424.
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`
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`8. I have an established familiarity with the subject matter at issue in the
`
`
`
`
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`proceeding, having represented Petitioner as a defendant in the related proceeding
`
`
`
`
`
`
`
`
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`(E.D. American VehicularSciences LLCv. TqyotaMotorCorp. eta/., No. 6:12-CV-405
`
`
`
`
`
`
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`Tex.). In this related proceeding, Patent Owner has asserted U.S. Patent No.
`
`
`
`
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`6,738,697 against Petitioner. My experience, representing Petitioner in the related
`
`
`
`
`
`
`
`
`
`
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`proceeding over the same patent against the same Patent Owner, provides me with an
`
`
`
`established familiarity with the subject matter at issue in the current proceeding.
`
`
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`
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`I declare that all statements made herein of my knowledge are true and that all
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`
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`statements made on information and belief are believed to be true, and further that
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`
`
`
`
`
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`these statements were made with knowledge that willful false statements and the like
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`
`
`
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`so made are punishable by fine or imprisonment, or both, under § 1001 of Title 18 of
`
`
`
`the United States Code.
`
`Dated: July 18, 2013
`
`Thomas R. Makin
`Back-Up Counsel for Petitioner
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: 212-425-7200
`Fax. 212-425-5288
`Email: tmakin@kenyon.com
`
`2

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