`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NUVASIVE, INC.
`
`Petitioner
`
`V.
`
`WARSAW ORTHOPEDIC, INC.
`
`Patent Owner
`
`Case IPR2013-00395
`
`Patent No. 8,444,696
`
`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 Mrs. Nimalka R. Wickramasekera as counsel pro hac vice during this
`
`proceeding. Warsaw seeks Mrs. Wickramasekera’s assistance because of her
`
`experience assisting Warsaw on patent-related matters and her 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 Time for Filing
`
`Patent Owner Preliminary Response mailed on July 1, 2013. See Notice, Paper 6 at
`
`3.
`
`1.
`
`Statement of Facts
`
`Mrs. Wickramasekera is an experienced patent litigation attorney, with eight
`
`years of experience in discovery, Markman hearings, dispositive motions, and jury
`
`and bench trials in patent infringement matters. Mrs. Wickramasekera has litigated
`
`a number of biotechnology and medical device patent infringement matters and has
`
`a MS. in Molecular, Cell & Developmental Biology.
`
`In prior litigation between
`
`the parties related to spinal technology, Mrs. Wickramasekera examined several
`
`witnesses in deposition and at trial. Additionally, Mrs. Wickramasekera has
`
`argued several motions in the parties’ co-pending litigation in the Southern District
`
`of California, was heavily involved in the parties’ claim construction proceedings
`
`in that case, and has significant familiarity with the prior art at issue in this
`
`proceeding. Mrs. Wickramasekera's biography, including a list of representative
`
`
`
`cases, distinctions, publications, and professional activities, is attached as Exhibit
`
`A to Exhibit 2002.
`
`U.S. Patent No. 8,444,696 (the “’696 patent”) is currently asserted against
`
`Petitioner NuVasive, Inc. in a co—pending litigation, Warsaw Orthopedic, Inc., et
`
`a1. V. NuVasive, Inc., Case No. 3:12-cv-02738-CAB (MDD) (SD. Cal.) (the “co-
`
`pending litigation”). U.S. Patent 8,444,696 was added to this co-pending litigation
`
`by an Order dated July 24, 2013. Mrs. Wickramasekera is counsel for Warsaw in
`
`the co-pending litigation and, as such, has an established familiarity with the
`
`subject matter at issue in this proceeding. Mrs. Wickramasekera is also counsel in
`
`the related matter of Medtronic V. NuVasive, Case No. 3:08-cv-01512-MMA-AJB
`
`(SD. Cal.) (the “related litigation”). Accordingly, Patent Owner has expended
`
`significant financial resources in the co-pending and related litigations with Mrs.
`
`Wickramasekera as counsel, and Patent Owner wishes to continue using Mrs.
`
`Wickramasekera as counsel in this proceeding.
`
`Therefore, there is good cause for the Board to recognize Mrs.
`
`Wickramasekera 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
`
`Mrs. Nimalka R. Wickramasekera as required by the Order Authorizing Motion for
`
`Pro Hac Vice entered July 1, 2013. The Affidavit is submitted as Exhibit 2002.
`
`
`
`Dated: February 1 ,2014
`
`Respectfully Submitted,
`
`r/féfflz/é/%flz-,
`
`homas H. Martln
`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 Mrs. Nimalka R. Wickramasekera 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 l3IP1; and cc’ing schaefer@fr.com and hawkins@fr.com):
`
`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:
`
`February 11, 2014
`
`
`Signature: ~</
`
`omas H. Martin, Reg. No. 34,383
`
`
`
`
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