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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`_______________
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`SCHRADER-BRIDGEPORT INTERNATIONAL, INC. et al.
`Petitioner
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`v.
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`CONTINENTAL AUTOMOTIVE SYSTEMS US, INC.
`Patent Owner
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`_______________
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`Case IPR2013-00014
`Patent 6,998,973
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`________________________________________________________
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`MOTION FOR PRO HAC VICE ADMISSION
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`UNDER 37 C.P.R. § 42.10
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`1.
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`Relief Requested
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`Pursuant to 37 C.P.R. § 42.10, the Patent Owner (“Continental”) respectfully requests
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`that the Board recognize Mr. Boyd T. Cloern and Mr. Benjamin J. Warlick as counsel pro hac
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`vice during this proceeding. Continental seeks Mr. Cloern’s and Mr. Warlick’s assistance
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`because of their experience assisting Continental on patent-related matters and their experience
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`on the substantive and technical issues involved in this proceeding. This motion is authorized by
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`the Order entered April 16, 2013 authorizing motions for pro hac vice admission.1 (Paper 16.)
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`This motion is also being filed in accordance with the “ORDER—AUTHORIZING MOTION
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`FOR PRO HAC VICE ADMISSION” in Case IPR2013-00010 (MPT) as required by the Board.
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`2.
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`Time For Filing
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`This Motion for Pro Hac Vice Admission is being filed no sooner than twenty one (21)
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`days after service of the petition.
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`3.
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`Statement of Facts
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`The following statement of facts shows that there is good cause for the Board to
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`recognize Mr. Cloern and Mr. Warlick pro hac vice.
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`Continental’s lead counsel, Timothy R. Baumann, is a registered practitioner (Reg. No.
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`40,502).
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`Mr. Cloern is an experienced patent litigation attorney, and has been involved in
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`numerous litigations involving patent infringement in District Courts across the country. He has
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`1 As preferred by the Board, Continental files this single motion for pro hac vice admission of Mr. Cloern and Mr.
`Warlick. (Paper 16, n.3.)
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`2
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`experience in jury and bench trials, Markman hearings, and Federal Circuit oral arguments in
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`patent infringement litigation matters. Mr. Cloern’s biography is attached hereto as Exhibit A.
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`Mr. Warlick is an experienced patent litigation attorney, and has been involved in
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`numerous litigations involving patent infringement in District Courts across the country. He has
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`experience in patent infringement litigation matters, including Markman hearings. Mr. Warlick’s
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`biography is attached hereto as Exhibit B.
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`U.S. Patent No. 6,998,973 is currently asserted by Patent Owner Continental Automotive
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`Systems US, Inc. in a co-pending litigation, Continental Automotive Systems US, Inc. v.
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`Schrader Electronics, Inc., bearing USDC Eastern District of Michigan Case No. 2:11-cv-14525-
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`SJM-MJH (“the co-pending litigation”). Mr. Cloern is lead counsel for Continental in the co-
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`pending litigation and, as such, has an established familiarity with the subject matter at issue in
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`this proceeding. In the co-pending litigation Mr. Cloern has reviewed prior art references for
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`invalidity contentions, and was heavily involved in forming claim construction positions and
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`drafting claim construction briefs, all of which are relied in on the petition requesting inter partes
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`review of U.S. Patent No. 6,998,973. Mr. Warlick is also counsel for Continental in the co-
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`pending litigation and, as such, also has an established familiarity with the subject matter at issue
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`in this proceeding. In the co-pending litigation Mr. Warlick reviewed prior art references for
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`invalidity contentions, which are relied on in the petition requesting inter partes review of U.S.
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`Patent No. 6,998,973.
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`In view of Mr. Cloern’s and Mr. Warlick’s extensive knowledge of the precise subject
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`matter at issue in this proceeding, and in view of the interrelatedness of this proceeding and its
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`district court litigation, Continental has a substantial need for Mr. Cloern’s and Mr. Warlick’s
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`pro hac vice admissions and their involvement in the continued prosecution of this proceeding.
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`3
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`Admission of Mr. Cloern and Mr. Warlick pro hac vice will enable Continental to avoid
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`unnecessary expense and duplication of work between this proceeding and the co-pending
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`district court litigation. See 77 Fed. Reg. 157 (Aug. 14, 2012), at 48661 (Office’s comment on
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`final rule discussing concerns about efficiency and costs where an entity has already engaged
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`counsel for parallel district court litigation). Continental has expended significant financial
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`resources in the co-pending litigation with Mr. Cloern and Mr. Warlick as counsel, and
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`Continental wishes to continue using Mr. Cloern and Mr. Warlick as counsel in this proceeding.
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`Mr. Cloern and Mr. Warlick will be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary jurisdiction under 37
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`C.F.R. § 11.19(a). Further, Mr. Cloern and Mr. Warlick will be subject to the Office’s Rules of
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`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq., which became effective on May 3,
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`2013 (see Changes to representation of others Before the United States Patent and Trademark
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`Office; Final Rule, 78 Fed. Reg. 20180 (Apr. 3, 2013)).
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`Further, counsel for Petitioner does not oppose Mr. Cloern and Mr. Warlick appearing
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`pro hac vice during this proceeding.
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`Therefore, Continental respectfully submits that there is good cause for the Board to
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`recognize Mr. Cloern and Mr. Warlick as counsel pro hac vice during this proceeding.
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`4.
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`Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by an Affidavit of Mr. Cloern
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`and an Affidavit of Mr. Warlick as required by the Order entered April 16, 2013 authorizing
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`motions for pro hac vice admission. (Paper 16.)
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`4
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`Respectfully submitted,
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`By: /Timothy R. Baumann/
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`Timothy R. Baumann
`Registration No. 40,502
`Lead Counsel for Patent Owner
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`5
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`AFFIDAVIT OF MR. BOYD T. CLOERN IN SUPPORT OF
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`MOTION FOR PRO HAC VICE ADMISSION
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`I, Mr. Boyd T. Cloern, being duly sworn and upon oath, hereby attests to the following:
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`1.
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`I am a member in good standing of the Bar of the District of Columbia, as well as the
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`following Federal Courts:
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`a) US. District Court, Eastern District of Kentucky
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`b) US District Court, Eastern District of Michigan
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`c) US. District Court, District of Columbia.
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`2.
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`I have not been disbarred from practice before any court or administrative body.
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`I was
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`administratively suspended for failure to pay bar dues as my prior firm’s administration
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`department did that task for attorneys but failed to pay my dues in Kentucky.
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`I was approved for
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`reinstatement in June and will be formally reinstated pending my completion of CLE
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`requirements for the 2013 CLE year. The Kentucky Bar Association considers this an
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`administrative issue and not a disciplinary issue.
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`3.
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`I have never had an application for admission to practice before any court or
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`administrative body denied.
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`4.
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`No sanction or contempt citation has been imposed against me by any court or
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`administrative body.
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`5.
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`I have read and will comply with the Office Patent Trial Practice Guide and the Board’s
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`Rules of Practice for Trials set forth in part 42 of the CPR.
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`6.
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`I will be subject to the USPTO Code of Professional Responsibility set forth in 37 CPR.
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`§§ 10.20 et seq. and disciplinaryjurisdiction under 37 CPR. § 11.19(a).
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`7.
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`I will be subject to the Office’s Rules of Professional Conduct set forth in 37 C.F.R. §§
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`1 1.101 et seq., which became effective on May 3, 2013 (see Changes to representation ofothers
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`Before the United States Patent and Trademark Office; Final Rule, 78 Fed. Reg. 20180 (Apr. 3,
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`2013)).
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`8.
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`I have not applied to appear pro hac vice before the Office in any other proceeding in the
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`last three (3) years; and
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`9.
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`I am an experienced litigation attorney, with experience in numerous lawsuits involving
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`patent infringement in District Courts across the country, including experience in representing
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`automotive supplier in patent infringement litigation involving tire pressure monitoring systems
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`as plaintiff in US District Court for the Eastern District of Michigan; represented automotive
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`manufacturing company in defense of patent litigation claims involving engine combustion
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`processes and fuel injection systems filed in US. District Court for the Central District of
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`California; represented automotive supplier in patent infringement action involving
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`accelerometer based sensor systems in the US District Court for the Western District of
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`Wisconsin; and represented medical devices company in patent infringement actions involving
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`surgical staplers in the US. District Court for the Southern District of Ohio. My biography is
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`attached hereto as Exhibit A.
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`I am lead counsel for Continental Automotive Systems US, Inc. in
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`a co-pending litigation in which US Patent No. 6,998,973 is asserted against Schrader-
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`Bridgeport International, Inc. et al.
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`I am familiar with the subject matter at issue in this
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`proceeding as result, including the prior art on which Petitioner relies in this request, as well as
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`the issues ofclaim construction that have been briefed in the litigation.
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`

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`King & Spalding LLP
`1700 Pennsylvania Avenue
`Washington, DC 20006-4707
`Telephone: 202-737-0500
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`Sworn to and subscrib d before me,
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`day of $ng t 2013.
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`AFFIDAVIT OF MR. BENJAMIN J. WARLICK IN SUPPORT OF
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`MOTION FOR PRO HAC VICE ADMISSION
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`I, Mr. Benjamin J. Warlick, being duly sworn and upon oath, hereby attests to the
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`following:
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`1.
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`I am a member in good standing of the Bars ofNeW York and Georgia, as well as the
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`following Federal Courts: Southern District of New York; Eastern District of New York;
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`Northern District of Georgia; Southern District of Texas; Eastern District of Texas; and Eastern
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`District of Michigan, and I am registered to practice with the United States Patent and Trademark
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`Office.
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`2.
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`l have not been suspended or disbarred from practice before any court or administrative
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`body;
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`3.
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`I have never had an application for admission to practice before any court or
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`administrative body denied;
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`4.
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`No sanction or contempt citation has been imposed against me by any court or
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`administrative body;
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`5.
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`l have read and will comply with the Office Patent Trial Practice Guide and the Board’s
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`Rules of Practice for Trials set forth in part 42 of the C.F.R.;
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`6.
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`I will be subject to the USPTO Code of Professional Responsibility set forth in 37 CPR.
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`§§ 10.20 et seq and disciplinaryjurisdiction under 37 CPR. § 11.l9(a);
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`7.
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`I will be subject to the Office’s Rules of Professional Conduct set forth in 37 CPR. §§
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`1 1.101 et seq, which became effective on May 3, 2013 (see Changes to representation of
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`

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`others Before the United States Patent and Trademark Office: Fina! Rule, 78 Fed. Reg. 20180
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`(Apr. 3, 2013));
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`8.
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`I have not applied to appear pro hac vice before the Office in any other proceeding in the
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`last three (3) years; and
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`9.
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`I am an experienced litigation attorney, with experience in numerous lawsuits involving
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`patent infringement in District Courts across the country, including experience in Markman
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`hearings, My biography is attached hereto as Exhibit B.
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`I am counsel for Continental
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`Automotive Systems US, Inc. in a co—pending litigation in which US. Patent No. 6,998,973 is
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`asserted against Schrader—Bridgeport International, Inc. et al.
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`I am familiar with the subject
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`matter at issue in this proceeding as result, including the prior art on which Petitioner relies in
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`this request, as well as the issues of claim construction that have been briefed in the litigation.
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` 160%Benjamin J.
`
`rlick
`King & Spalding LLP
`1700 Pennsylvania Avenue
`Washington, DC 20006—4707
`Telephone: 202-737-0500
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`

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`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that a copy of this Motion for Pro Hac Vice Admission,
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`a copy of the Affidavit of Mr. Boyd T. Cloern in Support of Motion for Pro Hac Vice
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`Admission, and a copy of the Affidavit of Mr. Benjamin J. Warlick in Support of Motion for Pro
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`Hac Vice Admission have been served via Express Mail on September 23, 2013, upon the
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`following:
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`Bryan P. Collins
`Robert M. Fuhrer
`Pillsbury Winthrop Shaw Pittman LLP
`1650 Tysons Boulevard
`McLean, Virginia 22102
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`A courtesy copy of the same was also emailed to docket_ip@pillsburylaw.com, as
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`requested by the petitioner.
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`Dated: September 23, 2013
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`
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`120 South LaSalle Street
`Suite 1600
`Chicago, Illinois 60603
`(312) 577-7000
`(312) 577-7007 (fax)
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`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY LLP
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`By: /Timothy R. Baumann/
`Timothy R. Baumann
`Registration No. 40,502
`tbaumann@fitcheven.com
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