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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
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`BLUEBIRD BIO, INC.
`Petitioner
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`v.
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`SLOAN KETTERING INSTITUTE FOR CANCER RESEARCH,
`Patent Owner
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`_________________
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`Case No. IPR2023-00074
`Patent No. 8,058,061
`_________________
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`DECLARATION OF MAX H. YUSEM
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`BLUEBIRD EXHIBIT 1049
`bluebird v. SKI
`IPR2023-00074
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`Page 1 of 3
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`I, Max H. Yusem, declare:
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`1.
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`2.
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`I am a member in good standing of the Bar of the State of New York.
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`I am an attorney at Paul Hastings LLP. I am an experienced patent
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`litigation attorney with more than five years of experience. In that time, I have served
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`as counsel in several patent infringement suits before the district courts.
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`3.
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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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`4.
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`I have never had an application for admission to practice before any
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`court or administrative body denied.
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`5.
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`I have never had sanctions or contempt citations imposed by any court
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`or administrative body.
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`6.
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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 title 37 of the Code
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`of Federal Regulations.
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`7.
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`I agree to be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101, et seq. and disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a).
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`8.
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`I am familiar with the subject matter at issue in this proceeding. I have
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`reviewed U.S. Patent No. 8,058,061, the patent-at-issue, and other papers associated
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`with this matter.
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`2
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`Page 2 of 3
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`9.
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`In the last three years, I have applied to appear pro hac vice in the
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`following proceedings, and not any other proceedings. These applications were
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`granted.
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` Illumina, Inc. v. Ravgen, Inc., IPR2021-01271, IPR2021-01272
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` Berkeley Lights, Inc. v. The Univ. of British Columbia, IPR2021-01249
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`10.
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`I hereby declare under penalty of perjury under the laws of the United
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`States of America that the foregoing is true and correct, and that all statements made
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`of my own knowledge are true and that all statements made on information and belief
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`are believed to be true. I understand that willful false statements are punishable by
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`fine or imprisonment or both. See 18 U.S.C. § 1001.
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`Date: June 8, 2023
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`Respectfully submitted,
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`/Max H. Yusem/
`Max H. Yusem
`Paul Hastings LLP
`200 Park Avenue
`New York, New York 10166
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`3
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`Page 3 of 3
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