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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NUVASIVE, INC.
`Petitioner
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`V.
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`WARSAW ORTHOPEDIC, INC.
`Patent Owner
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`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
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`PO. Box 1450
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`Alexandria, VA 22313—1450
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`The Patent Owner (“Warsaw”) respectfully requests that the Board recognize Mr. Luke L.
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`Dauchot as counsel pro hac vice during this proceeding under 37 CPR. § 42.10. Warsaw seeks
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`Mr. Dauchot’s assistance because of his experience assisting Warsaw on patent—related matters
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`and his experience on the substantive and technical issues involved in this proceeding. This
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`motion is authorized by the Notice of Filing Date Accorded to Petition and Notice for Setting the
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`Time Period for Filing Patent Owner Preliminary Response mailed on March 25, 2013. See
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`Notice, Paper 3 at 2-3.
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`1.
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`Statement of Facts
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`Mr. Dauchot is an experienced patent litigation attorney, with over 20 years of experience
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`in discovery, jury and bench trials, Markman hearings, and appellate oral arguments in patent
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`infringement matters. Mr. Dauchot is a member of the American Bar Association (Intellectual
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`Property Law and Litigation Sections), American Intellectual Property Law Association,
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`International Bar Association, Los Angeles Intellectual Property Law Association, and Judge
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`Paul R. Michel Intellectual Property American Inn of Court (Executive Committee member). Mr.
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`Dauchot’s biography, including a list of representative cases, distinctions, publications, and
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`professional activities, is attached as Exhibit A.
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`US. Patent No. 8,251,997 is currently asserted against Petitioner NuVasive, Inc. in a co—
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`pending litigation, Warsaw Orthopedic, Inc, et al. v. Nuvasive, Inc., Case No. 3:12—cv—02738—
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`CAB (MDD) (SD. Cal.) (the “co-pending litigation”). Mr. Dauchot is lead counsel for Warsaw
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`in the co-pending litigation and, as such, has an established familiarity with the subject matter at
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`issue in this proceeding. Mr. Dauchot is also lead counsel in the related matter of Medtronic v.
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`NuVasive, Case No. 3:08—cv-01512—MMA—AJB (SD. Cal.) (the “related litigation”). In the
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`related litigation, Mr. Dauchot deposed and examined at trial the declarant relied upon by
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`Petitioner, as well as several authors of the prior art relied upon by the Petitioner on the subject
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`of the prior art disclosures. Petitioner has relied upon excerpts of the transcript from the jury and
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`bench trials in the related litigation. Accordingly, Patent Owner has expended significant
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`financial resources in the co—pending and related litigations with Mr. Dauchot as lead counsel,
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`and Patent Owner wishes to continue using Mr. Dauchot as counsel in this proceeding.
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`Therefore, there is good cause for the Board to recognize Mr. Dauchot as counsel pro hac
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`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 Mr. Luke L.
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`Dauchot as required by the Order Authorizing Motion for Pro Hac Vice entered March 25, 2013.
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`Dated: May 2, 2013
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`Respectfully Submitted,
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`
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`Registration No. 34,383
`Attorney for Patent Owner
`MARTIN & F ERRARO, LLP
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`1557 Lake O’Pines Street, NE
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`Hartville, Ohio 44632
`Telephone: (330) 877-0700
`Facsimile:
`(330) 877-2030
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of this Motion for Pro Hac Vice Admission
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`and copy of the Affidavit of Mr. Luke L. Dauchot in Support of Motion for Pro Hac Vice
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`Admission was served in its entirety via electronic mail to APSI@fr.com (referencing Attorney
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`Docket No. l3958—0112IP2):
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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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`274/722”“/2 ’4’ E
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`Signature:
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` ,, / /?r7w 7/22
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`,-
`Thomas H. Martin, Reg. No. 34,383
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