`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`EDWARDS LIFESCIENCES CORPORATION, EDWARDS LIFESCIENCES
`LLC, AND EDWARDS LIFESCIENCES AG
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`Petitioners
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`v .
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`BOSTON SCIENTIFIC SCIMED, INC.
`Patent Owner
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`_______________
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`Case IPR2017-0060
`Patent 8,992,608
`_______________
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`DECLARATION OF NICHOLAS GROOMBRIDGE IN SUPPORT OF
`PETITIONERS’ MOTION FOR ADMISSION
`PRO HAC VICE OF NICHOLAS GROOMBRIDGE
`PURSUANT TO 37 C.F.R. § 42.10
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`1
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`I, Nicholas Groombridge, declare as follows:
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`1.
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`I am an experienced litigation attorney with more
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`than twenty-eight (28) years of experience.
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`2.
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`3.
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`I have been litigating patent cases for all of those years.
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`I am a member in good standing of the New York State Bar
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`(admitted in 1989) and am admitted to practice in the United States District
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`Courts for the Southern, Eastern and Western Districts of New York, the United
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`States District Courts for the Western and Eastern Districts of Michigan, the
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`United States District Court for the Eastern District of Texas, the United States
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`District Court for the District of Colorado, the United States Court of Appeals for
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`the Federal Circuit, and the United States Supreme Court.
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`4.
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`I have never been suspended or disbarred from
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`practice before any court or administrative body.
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`5.
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`I have never had an application for admission to
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`practice before any court or administrative body denied.
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`6.
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`I have had no sanctions or contempt citations imposed
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`against me by any court or administrative body.
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`7.
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`I am familiar with the subject matter at issue in this
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`proceeding, including inter alia, U.S. Patent No. 8,992,608 (the “‘608 patent”),
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`its prior art, and the field of transcatheter aortic heart valves. I am lead counsel
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`for Petitioners in the related district court litigation Boston Scientific Corp. et al.
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`v. Edwards Lifesciences Corp., Case No. 1:16-cv-00275-SLR-SRF (D. Del.).
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`That litigation also involves the ‘608 patent and overlaps with this proceeding
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`on a number of significant issues, including the technology disclosed and
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`claimed in the ‘608 patent, the interpretation of the ‘608 patent’s claims, and the
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`invalidity of the ‘608 patent.
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`8.
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`I have been heavily involved in all substantive decisions,
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`including forming Petitioners’ claim construction, non-infringement, and
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`invalidity positions.
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`9.
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`I have read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42
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`of 37 C.F.R.
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`10.
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`I agree to be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.F.R. §§10.20 et seq., and to disciplinary
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`jurisdiction under 37 C.F.R. §11.19(a).
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`11.
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`In the last three years, I have not applied to appear pro hac
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`vice before the Office.
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`12.
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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 are made with the
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`3
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`knowledge that willful false statements and the like so made are punishable by
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`fine or imprisonment, or both, under Section 1001 of Title 18 of the United
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`States Code.
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`Dated: June 6, 2017
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`By: /s/ Nicholas Groombridge
`Nicholas Groombridge
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on June 6,
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`CERTIFICATE OF SERVICE
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`2017, a complete and entire copy of DECLARATION OF NICHOLAS
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`GROOMBRIDGE IN SUPPORT OF PETITIONERS’ MOTION FOR
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`ADMISSION PRO HAC VICE OF NICHOLAS GROOMBRIDGE
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`PURSUANT TO 37 C.F.R. § 42.10has been served in its entirety by e-mail on the
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`following addresses of record for Patent Owner:
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`jennifer.sklenar@apks.com
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`wallace.wu@apks.com
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`/s/ Gregory S Cordrey
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`Gregory S. Cordrey, Esq. (Reg. No. 44,089)
`Attorney for Petitioners
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`5
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