`
`Attorney-Docket: 13958-0112le
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NUVASIVE, INC.
`Petitioner
`
`V.
`
`WARSAW ORTHOPEDICS, INC.
`Patent Owner
`
`Case IPR2013-00206
`
`Patent No. 8,251,997
`
`AFFIDAVIT OF MR. FRANK E. SCHERKENBACH IN SUPPORT OF PETITIONER’S
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US. Patent & Trademark Office
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`NUVASIVE 1012
`
`1
`
`
`
`Attorney Docket: 13958-0112IP2
`
`AFFIDAVIT OF MR. FRANK E. SCHERKENBACH IN SUPPORT
`
`OF PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`
`1, Frank E. Scherkenbach, being duly sworn and upon oath, hereby attest to the following:
`
`1.
`
`I am a member in good standing of the state Bars of California and Massachusetts, as
`
`well as the United States Court of Appeals for the Federal Circuit.
`
`2.
`
`I have not been suspended or disbarred from practice before any court or administrative
`
`body.
`
`3.
`
`I have never had an application for admission to practice before any court or
`
`administrative body denied.
`
`4.
`
`No sanction or contempt citation has been imposed against me by any court or
`
`administrative body.
`
`5.
`
`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.
`
`6.
`
`I will be subject to the USPTO Code of Professional Responsibility set forth in 37 C.F.R.
`
`§§ 10.20 et seq. and disciplinaryjurisdiction under 37 C.F.R. § ll.l9(a).
`
`7.
`
`I have not applied to appear pro hac vice before the Office in any other proceeding in the
`
`last three (3) years.
`
`I am concurrently applying to appear pro hac vice before the Office in an
`
`inter partes review proceeding on the same patent that is at issue in the present inter partes
`
`review proceeding, IPR2013-00208.
`
`8.
`
`I am an experienced litigation attorney with more than 20 years of experience
`
`representing clients in patent cases involving medical devices, computer software, and
`
`semiconductors.
`
`I regularly litigate patent cases in various forums including the United States
`
`Court of Appeals for the Federal Circuit, federal district courts, and the International Trade
`
`Commission. Through my experience in patent litigation matters, I have represented clients in
`
`2
`
`
`
`Attorney Docket: 13958-0112IP2
`
`many phases of litigation including discovery, Markman hearings, jury trials, bench trials, and
`
`appeals. My biography is attached hereto as Exhibit A.
`
`I am lead counsel for Petitioner
`
`NuVasive, Inc. in Warsaw Orthopedic, Inc, et al. v. Nuvasive, Inc, Case No. 3:12-cv—02738-
`
`CAB (MDD) (S.D. Cal), a co-pending district court case in which Patent Owner Warsaw
`
`Orthopedics, Inc. has asserted US. Patent 8,251,997 against the Petitioner.
`
`I am also lead
`
`counsel for the Petitioner in a separate pending patent infringement matter, Medtronic v.
`
`NuVasive, Case No. 3:08-cv—01512-MMA-AJB (S.D. Cal.), which involves similar subject
`
`matter (including US. Patent Nos. 5,772,661 and 5,860,973) to this proceeding (including US
`
`Patent Nos. 5,772,661 and 5,860,973) and in which I oversaw many phases of the litigation from
`
`discovery through trial, and will continue to be involved in an appeal to the Federal Circuit.
`
`Date:
`
`31% Z7 , 20/3
`
`__.7—/,_.._
`
`Respectfully submitted,
`
`fWgZé 1%
`
`Frank E. Scherkenbach
`
`Fish & Richardson P.C.
`
`One Marina Park Drive
`
`Boston, MA 02210-1878
`Telephone: (617) 521—7883
`E—mail:
`scherkenbach@fr.com
`
`Sworn to and subscribed before me,
`this 25 day of July, 2013.
`
`lVNN
`
`My Public . Clwomia
`8m um County
`Comm. Ex res Au 30, 2016
`
`
`
`1, Mi 9!. TREVINO IW 0 1986962
`
`3
`
`
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