PGR2018-00047
`Declaration of Michael J. Sacksteder ISO Motion for Pro Hac Vice Admission
`
`Filed on behalf of Supercell Oy
`
`By:
`JENNIFER R. BUSH, Reg. No 50,784
`MICHAEL J. SACKSTEDER
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile: 650.938.5200
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner.
`
`
`Case PGR2018-00047
`Patent 9,770,659
`_____________
`
`DECLARATION OF MICHAEL J. SACKSTEDER IN SUPPORT OF
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION OF
`MICHAEL J. SACKSTEDER PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`Supercell
`Exhibit 1009
`Page 1
`
`
`Declaration of Michael J. Sacksteder ISO Motion for Pro Hac Vice Admission
`
`Filed on behalf of Supercell Oy
`
`By:
`JENNIFER R. BUSH, Reg. No 50,784
`MICHAEL J. SACKSTEDER
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile: 650.938.5200
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner.
`
`
`Case PGR2018-00047
`Patent 9,770,659
`_____________
`
`DECLARATION OF MICHAEL J. SACKSTEDER IN SUPPORT OF
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION OF
`MICHAEL J. SACKSTEDER PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`Supercell
`Exhibit 1009
`Page 1
`
`
`
`PGR2018-00047
`Declaration of Michael J. Sacksteder ISO Motion for Pro Hac Vice Admission
`
`
`I, Michael J. Sacksteder, declare as follows:
`
`1.
`
`I am more than twenty-one years of age, am competent to present this
`
`declaration, and have personal knowledge of the facts set forth herein.
`
`2.
`
`This declaration is made in support of Petitioner Supercell Oy’s
`
`Motion for Pro Hac Vice Admission of Michael J. Sacksteder Pursuant to
`
`37 C.F.R. § 42.10(c).
`
`3.
`
`4.
`
`I am a Partner at the law firm of Fenwick & West LLP.
`
`I have been a litigating attorney for more than twenty years. I have
`
`been litigating patent cases during that entire time period.
`
`5.
`
`I am a member in good standing of the Bar of the State of California.
`
`I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`6.
`
`No court or administrative body has ever denied my application for
`
`admission to practice before it.
`
`7.
`
`No court or administrative body has ever imposed sanctions or
`
`contempt citations on me.
`
`8.
`
`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 the Code
`
`of Federal Regulations.
`
`Supercell
`Exhibit 1009
`Page 2
`
`
`
`PGR2018-00047
`Declaration of Michael J. Sacksteder ISO Motion for Pro Hac Vice Admission
`
`
`9.
`
`I understand that I will be subject to the USPTO Code of Professional
`
`Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a).
`
`10.
`
`I have applied and been admitted to appear pro hac vice in nine inter
`
`partes review proceedings and one post grant review proceeding before the Office
`
`within the last three (3) years. I am also concurrently moving for admission to
`
`appear pro hac vice in PGR2018-00029.
`
`11.
`
`I have established familiarity with the subject matter at issue in this
`
`proceeding. I am serving as a consulting attorney in a related, co-pending action
`
`before the Tokyo District Court. U.S. Patent No. 9,770,659 is a continuation of
`
`U.S. Ser. No. 15/253,964, which is a continuation of 14/291,358, that claims the
`
`benefit of Japanese Patent Application No. 2013-116039 filed on May 31, 2013,
`
`which published as JP 6,125,128. JP 6,125,128 is asserted by GREE against
`
`Supercell Oy and Supercell K.K. in the following patent infringement lawsuit:
`
`GREE, Inc. v. Supercell K.K., Case 2017 (Yo) No. 22165 Petition for Provisional
`
`Disposition before Civil Department 29 of the Tokyo District Court. The ’659
`
`patent is a continuation of U.S. Patent 9,636,583, which is the subject of a Post
`
`Grant Review petition filed by Petitioner on February 1, 2018, assigned Post Grant
`
`Review No. PGR2018-00029.
`
`Supercell
`Exhibit 1009
`Page 3
`
`
`
`PGR2018-00047
`Declaration of Michael J. Sacksteder ISO Motion for Pro Hac Vice Admission
`
`
`I have also reviewed in detail the ’659 patent, which is the patent
`
`12.
`
`involved in this proceeding, as well as the Petition. I am thus very familiar with
`
`the ’659 patent and the issues in this case.
`
`13.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and believe are
`
`believed to be true; and 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.
`
`
`
`EXECUTED at San Francisco, California, this 17th day of May, 2018.
`
`/ Michael J. Sacksteder /
`Michael J. Sacksteder
`
`Supercell
`Exhibit 1009
`Page 4
`
`
`
`PGR2018-00047
`Declaration of Michael J. Sacksteder ISO Motion for Pro Hac Vice Admission
`
`
`CERTIFICATION OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on May 17, 2018,
`
`a copy of the foregoing document, DECLARATION OF MICHAEL J.
`
`SACKSTEDER IN SUPPORT OF PETITIONER’S MOTION FOR
`
`PRO HAC VICE ADMISSION OF MICHAEL J. SACKSTEDER PURSUANT
`
`TO 37 C.F.R. § 42.10(c), was served on Patent Owner’s lead and backup counsel
`
`in their entirety by electronic service by email at the email addresses provided
`
`below:
`
`John C. Alemanni (Reg. No.47,384)
`Kilpatrick Townsend & Stockton LLP
`4208 Six Forks Road, Suite 1400
`Raleigh, NC 27609
`Telephone: (919) 420-1724
`Fax: (919) 420-1800
`Email:
`jalemanni@kilpatricktownsend.com
`
`
`
`Andrew W. Rinehart (Reg. No. 75,537)
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101
`Telephone: (336) 607-7312
`Fax: (336) 607-7500
`Email:
`arinehart@kilpatricktownsend.com
`
`Scott E. Kolassa (Reg. No. 55,337)
`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 324-6349
`Fax: (650) 326-2422
`Email:
`skolassa@kilpatricktownsend.com
`
`Supercell
`Exhibit 1009
`Page 5
`
`
`
`PGR2018-00047
`Declaration of Michael J. Sacksteder ISO Motion for Pro Hac Vice Admission
`
`Dated: May 17, 2018
`
`
`
`
`
`FENWICK & WEST LLP
`
`
`/Jennifer R. Bush/
`JENNIFER R. BUSH
`Reg. No. 50,784
`Attorney for Petitioner
`
`
`
`
`
`
`Fenwick & West LLP
`801 California Street
`Mountain View, CA 94041
`Tel: (650) 988-8500
`
`Supercell
`Exhibit 1009
`Page 6
`
`
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