`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`NUVASIVE, INC.
`Petitioner
`
`V.
`
`WARSAW ORTHOPEDIC, INC.
`Patent Owner
`
`
`
`Case IPR2013—00208
`
`Patent No. 8,251,997
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`UNDER 37 C.F.R. § 42.10
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`US. Patent and Trademark Office
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`
`
`The Patent Owner (“Warsaw”) respectfully requests that the Board recognize Mr. Luke L.
`
`Dauchot as counsel pro hac vice during this proceeding under 37 C.F.R. § 42.10. Warsaw seeks
`
`Mr. Dauchot’s assistance because of his experience assisting Warsaw on patent—related matters
`
`and his experience on the substantive and technical issues involved in this proceeding. This
`
`motion is authorized by the Notice of Filing Date Accorded to Petition and Notice for Setting the
`
`Time Period for Filing Patent Owner Preliminary Response mailed on March 25, 2013. See
`
`Notice, Paper 3 at 2—3.
`
`1.
`
`Statement of Facts
`
`Mr. Dauchot is an experienced patent litigation attorney, with over 20 years of experience
`
`in discovery, jury and bench trials, Markman hearings, and appellate oral arguments in patent
`
`infringement matters. Mr. Dauchot is a member of the American Bar Association (Intellectual
`
`Property Law and Litigation Sections), American Intellectual Property Law Association,
`
`International Bar Association, Los Angeles Intellectual Property Law Association, and Judge
`
`Paul R. Michel Intellectual Property American Inn of Court (Executive Committee member). Mr.
`
`Dauchot’s biography, including a list of representative cases, distinctions, publications, and
`
`professional activities, is attached as Exhibit A.
`
`US. Patent No. 8,251,997 is currently asserted against Petitioner NuVasive, Inc. in a co-
`
`pending litigation, Warsaw Orthopedic, Inc, et al. v. Nuvasive, Inc, Case No. 3:12—cv—02738—
`
`CAB (MDD) (S.D. Cal.) (the “co-pending litigation”). Mr. Dauchot is lead counsel for Warsaw
`
`in the co—pending litigation and, as such, has an established familiarity with the subject matter at
`
`issue in this proceeding. Mr. Dauchot is also lead counsel in the related matter of Medtrom‘c v.
`
`Nu Vasive, Case No. 3:08-cv—01512-MMA-AJB (S.D. Cal.) (the “related litigation”). In the
`
`related litigation, Mr. Dauchot deposed and examined at trial the declarant relied upon by
`
`Petitioner, as well as several authors of the prior art relied upon by the Petitioner on the subject
`
`of the prior art disclosures. Petitioner has relied upon excerpts of the transcript from the jury and
`
`bench trials in the related litigation. Accordingly, Patent Owner has expended significant
`
`financial resources in the co—pending and related litigations with Mr. Dauchot as lead counsel,
`
`and Patent Owner wishes to continue using Mr. Dauchot as counsel in this proceeding.
`
`
`
`Therefore, there is good cause for the Board to recognize Mr. Dauchot as counsel pro hac
`
`vice during this proceeding.
`
`2.
`
`Affidavit or Declaration of Individual Seeking to Appear
`
`This Motion for Pro Hac Vice Admission is accompanied by an Affidavit of Mr. Luke L.
`
`Dauchot as required by the Order Authorizing Motion for Pro Hac Vice entered March 25, 2013.
`
`Dated: May 2, 2013
`
`Respectfully Submitted,
`
`/'/r/
`4
`ngag/gyM/E; ’
`
`Thomas H. Martin
`
`Registration No. 34,383
`Attorney for Patent Owner
`MARTIN & FERRARO, LLP
`1557 Lake O’Pines Street, NE
`Hartville, Ohio 44632
`Telephone:
`(330) 877-0700
`Facsimile:
`(330) 877-2030
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of this Motion for Pro Hac Vice Admission
`
`and copy of the Affidavit of Mr. Luke L. Dauchot in Support of Motion for Pro Hac Vice
`
`Admission was served in its entirety Via electronic mail to APSI@fr.com (referencing Attorney
`
`Docket No. 13958-01 12IP1):
`
`Stephen R. Schaefer
`3200 RBC Plaza
`
`60 South Sixth Street
`
`Michael T. Hawkins
`3200 RBC Plaza
`
`60 South Sixth Street
`
`Minneapolis, MN 55402
`
`Minneapolis, MN 55402
`
`Date of Service:
`
`,
`
`fl
`
`7
`/ /2
`
` Signature: ~r'
`
`'
`
`
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