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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`CORPAK MEDSYSTEMS, INC. and HALYARD HEALTH, INC.,
`Petitioners
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`v .
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`KIRN MEDICAL DESIGN, L.L.C.,
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` Patent Owner.
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`____________
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`Case IPR2017-01990
`Patent 6,631,715 B2
`____________
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`DECLARATION OF DARLENA H. SUBASHI, ESQ., IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
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`HALYARD Ex 1016, Page 1
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`IPR2017-01990
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`I, Darlena H. Subashi, declare as follows:
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`1.
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`2.
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`3.
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`4.
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`I am an associate at the law firm of Alston & Bird LLP.
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`I have been an intellectual property litigation associate for over one year.
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`Prior to becoming an intellectual property litigation associate, I served as
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`a judicial law clerk for the United States Court of Appeals for the
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`Eleventh Circuit for the Honorable Judge Gerald B. Tjoflat. I hold an
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`undergraduate degree in mathematics from Pepperdine University and a
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`Master’s degree in Electrical and Computer Engineering from Duke
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`University. I have co-authored articles on topics relating to patent
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`litigation. A listing of publications is attached as Exhibit A.
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`I am a member in good standing of the State Bar of Massachusetts.
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`I have never been suspended or disbarred from practice before any court
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`or administrative body.
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`5. This is my first application for pro hac vice admission to the Patent Trial
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`and Appeal Board. No application under my name for admission to
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`practice before any court or administrative body has been denied.
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`6.
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`I am a member of the Bar of the United States District Court for the
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`District of Massachusetts. I have also been allowed to appear pro hac
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`vice in the federal district court for the Northern District of Ohio. I have
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`never been denied admission pro hac vice.
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`2
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`HALYARD Ex 1016, Page 2
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`7. No sanctions or contempt citations have ever been imposed against me
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`8.
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`9.
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`by any court or administrative body.
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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 37
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`C.F.R.
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`I understand that I will be subject to the USPTO Rules of Professional
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`Conduct 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).
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`10. I have an established familiarity with the subject matter at issue in this
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`proceeding. Since joining Alston & Bird LLP, I have participated
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`extensively in advising Petitioner in this matter. Through my
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`participation to date I have become very familiar with the ’715 Patent and
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`the prior art cited in the Petition.
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`11. I am also counsel of record for Petitioner Corpak Medsystems, Inc. in the
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`concurrent litigation Applied Medical Technology, Inc. v. Corpak
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`Medsystems, Inc., No. 1:16-cv-02190 (N.D. Ohio), involving the same
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`patent and prior art submitted by Petitioner in the Petition of this
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`proceeding. As counsel of record in the concurrent litigation, I am
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`involved in all aspects of the underlying litigation regarding the ’715
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`Patent.
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`3
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`HALYARD Ex 1016, Page 3
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`I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief are believed
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`to be true; and further that these statements are made with the knowledge
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`that willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under section 1001 of Title 18 of the United States
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`Code.
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`Date: Januaryll,2018
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`C bi “fix
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`Darlena H. Subashi
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`Alston & Bird LLP
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`4721 Emperor Blvd, Suite 400
`Durham, NC 27703
`Phone: 919-862-2270
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`Darlena.Subashi@alston.com
`*Admitted to practice in Massachusetts
`only.
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`HALYARD Ex 1016, Page 4
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`HALYARD Ex 1016, Page 4
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`EXHIBIT A
`EXHIBIT A
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`5
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`HALYARD Ex 1016, Page 5
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`HALYARD Ex 1016, Page 5
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`Darlena H. Subashi
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`Publications
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`TC Heartland – An Intervening Change in the Law?, Matthew J. Rizzolo &
`Darlena Subashi, Bloomberg BNA’s Patent, Trademark & Copyright Journal
`(Sept. 29, 2017)
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`Federal Circuit Provides Guidance on Patent Venue Post TC Heartland, Matthew
`J. Rizzolo, Rachael Bacha, & Darlena Subashi (Kern), Ropes & Gray Alert (Sept.
`25, 2017)
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`Supreme Court’s TC Heartland Decision Will Move Venue Out of E.D. Texas,
`Leslie Spencer, Matthew Rizzolo, & Darlena Subashi, IP Litigator (July/Aug.
`2017)
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`6
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`HALYARD Ex 1016, Page 6
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