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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NUVASIVE, INC.
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`Petitioner
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`V.
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`WARSAW ORTHOPEDIC, INC.
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`Patent Owner
`
`Case IPR2013-00206
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`Patent No. 8,251,997
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`MOTION FOR PRO HAC VICE ADMISSION
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`UNDER 37 C.F.R. § 42.10
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`US. Patent and Trademark Office
`P.0. Box 1450
`Alexandria, VA 22313-1450
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`
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`IPR2013—00206
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`US. Patent No. 8,251,997
`Our Ref: 102.0010-04IPR
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`The Patent Owner (“Warsaw”) respectfully requests that the Board
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`recognize Mrs. Nimalka R. Wickramasekera as counsel pro hac vice during this
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`proceeding. Warsaw seeks Mrs. Wickramasekera’s assistance because of her
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`experience assisting Warsaw on patent-related matters and her experience on the
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`substantive and technical issues involved in this proceeding. This motion is
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`authorized by the Notice of Filing Date Accorded to Petition and Time for Filing
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`Patent Owner Preliminary Response mailed on March 25, 2013. See Notice, Paper
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`3 at 3.
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`1.
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`Statement of Facts
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`Mrs. Wickramasekera is an experienced patent litigation attorney, with eight
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`years of experience in discovery, Markman hearings, dispositive motions, and jury
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`and bench trials in patent infringement matters. Mrs. Wickrarnasekera has litigated
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`a number of biotechnology and medical device patent infringement matters and has
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`a MS. in Molecular, Cell & Developmental Biology. In prior litigation between
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`the parties related to spinal technology, Mrs. Wickramasekera examined several
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`witnesses in deposition and at trial. Additionally, Mrs. Wickramasekera has
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`argued several motions in the parties’ co-pending litigation in the Southern District
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`of California, was heavily involved in the parties’ claim construction proceedings
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`
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`iPR2013—00206
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`US. Patent No. 8,251,997
`Our Ref: 102.0010-04IPR
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`in that case, and has significant familiarity with the prior art at issue in this
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`proceeding. Mrs. Wickramasekera's biography, including a list of representative
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`eases, distinctions, publications, and professional activities, is attached as Exhibit
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`A to Exhibit 2063.
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`Mrs. Wickraniasekera was granted pro hac vice admission by the Board in
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`two separate proceedings related to US. Patent No. 8,444,696 (IPR2013-00395
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`and IPR2013-00396). Like the ’696 patent in those proceedings, US. Patent No.
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`8,251,997 (the “’997 patent”) is currently asserted against Petitioner NuVasive,
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`Inc. in a co-pending litigation, Warsaw Orthopedic, Inc, et a]. v. Nu Vasive, Inc.,
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`Case No. 3:12-cV-02738-CAB (MDD) (SD. Cal.) (the “co—pending iitigation”).
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`Mrs. Wickramasekera is counsel for Warsaw in the co-pending litigation and, as
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`such, has an established familiarity with the subject matter at issue in this
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`proceeding. Mrs. Wickramasekera is also counsel in the related matter of
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`Medrronic v. Nu Vasive, Case No. 3:08-cv-01 512-MMA-AJ B (S.D. Cai.) (the
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`“related litigation”). Accordingly, Patent Owner has expended significant financial
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`resources in the co-pending and related litigations with Mrs. Wickramasekera as
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`counsel, and Patent Owner wishes to continue using Mrs. Wickrarnasekera as
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`counsel in this proceeding.
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`
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`IPR2013-00206
`
`U.S. Patent No. 8,251,997
`Our Ref: 102.0010-04IPR
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`Therefore, there is good cause for the Board to recognize Mrs.
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`Wickramasekera as counsel pro hac vice during this proceeding.
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`2.
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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
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`Mrs. Nimaika R. Wickramasekera as required by the Order Authorizing Motion for
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`Pro Hac Vice entered March 25, 2013. The Affidavit is submitted as Exhibit 2063.
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`Respectfiiily Submitted,
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`Dated: March 5, 2014
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`Attorney for Patent Owner
`MARTIN & FERRARO, LLP
`1557 Lake O’Pines Street, NE
`Hartviile, Ohio 44632
`Telephone: (330) 877—0700
`Facsimile:
`(330) 877-2030
`
`
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`IPR2013-00206
`
`U.S. Patent No. 8,251,997
`Our Ref: 102.0010-04IPR
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of this Motion for Pro Hac
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`Vice Admission and copy of the Affidavit of Mrs. Nimalka R. Wickramasekerain
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`Support of Motion for Pro Hac Vice Admission was served in its entirety via
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`electronic mail to APSI@fr.com (referencing Attorney Docket No. 13958-
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`01121P2; and cc’ing schaefer@fr.com and hawkins@fr.com):
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`Stephen R. Schaefer
`3200 RBC Plaza
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`60 South Sixth Street
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`Michael T. Hawkins
`3200 RBC Plaza
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`60 South Sixth Street
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`Minneapolis, MN 55402
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`Minneapolis, MN 55402
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`Date of Service:
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`March 5 2014
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`Signature:
`ThornasH.7 Martin, Reg. No. 34,S83
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