`Declaration of Dana O. Burwell in Support of
`Motion for Admission Pro Hac Vice
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`EMC Corporation
`Petitioner
`
`Lenovo (United States) Inc.
`Petitioner
`
`NetApp, Inc.
`Petitioner
`
`v.
`
`Intellectual Ventures I LLC
`Patent Owner
`
`Case No. IPR2017-00429
`Patent No. 6,775,745
`
`DECLARATION OF DANA O. BURWELL IN SUPPORT OF MOTION
`FOR ADMISSION PRO HAC VICE
`
`EMC v. Intellectual Ventures
`IPR2017-00429
`EMC Exhibit 1029
`
`
`
`Case No. IPR2017-00429
`Declaration of Dana O. Burwell in Support of
`Motion for Admission Pro Hac Vice
`
`I, Dana O. Burwell, declare as follows:
`1.
`I am a counsel at the law firm of Wilmer Cutler Pickering Hale
`
`& Dorr LLP in Boston, Massachusetts.
`
`2.
`
`I have been practicing law for 7 years. My practice during that
`
`time has focused on intellectual property litigation, and particularly, patent
`
`litigation.
`
`3.
`
`I am a member in good standing of the Bar of the
`
`Commonwealth of Massachusetts (Bar No. 682413). I also am admitted to
`
`practice before the Massachusetts Supreme Judicial Court, the United States
`
`Court of Appeals for the Federal Circuit, the United States Court of Appeals
`
`for the First Circuit, the United States Court of Appeals for the Ninth
`
`Circuit, and the United States District Court of Massachusetts.
`
`4.
`
`I have been counsel in several patent litigations concerning
`
`Patent Office rules, regulations, and procedures, including allegations of
`
`inequitable conduct, prosecution history disclaimer, and other issues for
`
`which review of a patent’s prosecution history is critical.
`
`5.
`
`I have never been suspended or disbarred by any court or
`
`administrative body.
`
`6.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`- 1 -
`
`
`
`Case No. IPR2017-00429
`Declaration of Dana O. Burwell in Support of
`Motion for Admission Pro Hac Vice
`I have never been sanctioned or cited for contempt by any court or
`
`7.
`
`administrative body.
`
`8.
`
`I have read and will comply with Office Patent Trial Practice Guide
`
`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of the C.F.R.
`
`9.
`
`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
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`10.
`
`I am familiar with the subject matter at issue in this proceeding. I
`
`have reviewed the papers and exhibits filed in this proceeding. I also participated
`
`in drafting the Reply and Supplemental Reply in this proceeding. In addition, I
`
`have represented computer-related technology companies, including Akamai,
`
`Apple, Broadcom, and Cisco, in many patent litigation matters before federal
`
`district courts and the Federal Circuit. I also received a Bachelor of Science in
`
`Engineering from Duke University in 2004, for which I took courses in computer
`
`science and electrical engineering.
`
`11.
`
`I have represented Petitioner, EMC Corporation, in a patent-related
`
`matter against the Patent Owner, Intellectual Ventures I LLC, in the United States
`
`District Court case: Intellectual Ventures I LLC et al. v. Lenovo Group Ltd., et al.
`
`(1:16-cv-10860-PBS) (D. Mass.), which involves the ʼ745 patent at issue in this
`
`proceeding. I have appeared pro hac vice in United States Patent and Trademark
`
`- 2 -
`
`
`
`Case No. IPR2017-00429
`Declaration of Dana O. Burwell in Support of
`Motion for Admission Pro Hac Vice
`Office proceedings: IPR2017-00374, IPR2017-00439 and IPR2017-01306.
`
`IPR2017-00439 and IPR2017-00374 involve U.S. Patent No. 8,275,827, which is
`
`also asserted by Intellectual Ventures against EMC in the district court case cited
`
`above.
`
`12.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statements are made with the knowledge
`
`that willful false statements and the like are punishable by fine, imprisonment, or
`
`both, under Section 1001 of Title 18 of the United States Code.
`
`Dated: August 7, 2018
`
`/ Dana O. Burwell/
`
`Respectfully Submitted,
`
`Dana O. Burwell
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`dana.burwell@wilmerhale.com
`Tel.: 617-526-6000
`Fax: 617-526-5000
`
`- 3 -
`
`
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