`Declaration of Donald R. Ware
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________________________
`BEFORE THE PATENT AND APPEAL BOARD
`_________________________________________________
`ELYSIUM HEALTH INC.,
`Petitioner,
`v.
`TRUSTEES OF DARTMOUTH COLLEGE,
`Patent Owner.
`________________________________________________
`Case IPR2017-01796
`U.S. Patent 8,197,807 B2
`___________________________________________________
`DECLARATION OF DONALD R. WARE
`IN SUPPORT OF PETITIONER’S MOTION
`FOR PRO HAC VICE ADMISSION OF DONALD R. WARE
`
`Elysium Health Exhibit 1023
`Page 1 of 4
`
`
`
`I, Donald R. Ware, declare as follows:
`
`Case No. IPR2017-01796
`Declaration of Donald R. Ware
`
`1. I am an attorney licensed to practice law in the Commonwealth of
`
`Massachusetts. I am a partner at the law firm of Foley Hoag LLP, counsel
`
`for Petitioner Elysium Health, Inc. (“Elysium”).
`
`2. I have been in private practice since 1975. For the majority of that time, my
`
`practice has focused on the field of litigation. For the past twenty-five years,
`
`my practice has focused on the field of intellectual property litigation and, in
`
`particular, patent litigation.
`
`3. I am a member of good standing of the Massachusetts Bar. I am also
`
`admitted to practice before the United States District Court for the District of
`
`Massachusetts, the United States District Court for the Eastern District of
`
`Texas, 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 Supreme Court of the United States.
`
`4. I am a member of good standing in all jurisdictions where I have been
`
`admitted to practice.
`
`5. I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`6. I have never had an application denied for admission to practice before any
`
`court or administrative body.
`
`Elysium Health Exhibit 1023
`Page 2 of 4
`
`
`
`Case No. IPR2017-01796
`Declaration of Donald R. Ware
`
`7. I have never had any sanctions or contempt citations imposed against me by
`
`any court or administrative body.
`
`8. I have not previously appeared before the Office nor have I previously
`applied to appear pro hac vice.
`
`9. I am familiar with the subject matter at issue in this proceeding. I have
`
`reviewed U.S. Patent No. 8,197,807 (the “’807 patent”) and the prior art
`references that are cited in Elysium’s Petition for Inter Partes Review of the
`
`’807 patent and other aspects of the record in this proceeding. I currently
`represent Elysium in ChromaDex, Inc. v. Elysium Health, Inc., Case No. 16-
`
`cv-02277-KES (C.D. Cal.), a case in which Elysium has asserted a
`
`counterclaim for misuse of the ’807 patent. I have acquired substantial
`
`understanding of the underlying legal and technological issues in this
`
`proceeding.
`
`10. 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.
`
`11. I agree to be subject to the USPTO 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).
`
`I hereby declare that all statements made herein of my knowledge are true
`
`and all statements made on information and belief are believed to be true; and
`
`Elysium Health Exhibit 1023
`Page 3 of 4
`
`
`
`Case No. IPR2017-01796
`Declaration of Donald R. Ware
`
`further that these statements are made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`Date: August 16, 2017
`
`/Donald R. Ware/
`Donald R. Ware
`Foley Hoag LLP
`155 Seaport Boulevard
`Boston, MA 02210
`T: 617-832-1000
`Email: DRW@foleyhoag.com
`
`Elysium Health Exhibit 1023
`Page 4 of 4
`
`
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