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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MEDTRONIC, INC.
`Petitioner
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`v.
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`NUVASIVE, INC.
`Patent Owner
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`Case IPR2013-00506
`Patent No. 8,361,156
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`PATENT OWNER NUVASIVE, INC.’S
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`Proceeding No.: IPR2013-00506
`Attorney Docket: 13958-0116IP2
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`Pursuant to 37 C.F.R. § 42.10(c), the Patent Owner (“NuVasive”)
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`respectfully requests that the Board recognize Michael A. Amon as counsel pro
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`hac vice in this proceeding. NuVasive seeks the counsel of Mr. Amon due to his
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`experience in representing NuVasive in other patent-related matters and
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`particularly due to his familiarity with the substantive and technical issues involved
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`in this proceeding. This motion is authorized by the Notice of Filing Date
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`Accorded to Petition and Time for Filing Patent Owner Preliminary Response that
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`was mailed on August 23, 2013.
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`Statement of Facts
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`Mr. Amon is a patent litigation attorney with nearly 10 years of experience
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`representing clients in cases involving medical devices, computer software,
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`chemical formulations and electrical products. Mr. Amon regularly litigates patent
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`cases before the United States Court of Appeals for the Federal Circuit and various
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`federal district courts. Through his practice in such cases, Mr. Amon has gained
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`substantial experience in jury trials, discovery, Markman hearings, and appeals.
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`Mr. Amon began his legal career as a clerk for the Honorable James F. Stiven at
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`the United States District Court for the Southern District of California. Mr. Amon
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`subsequently serves as a clerk for Honorable Rudi M. Brewster, also at the United
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`States District Court for the Southern District of California, where he was involved
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`2
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`Proceeding No.: IPR2013-00506
`Attorney Docket: 13958-0116IP2
`in numerous patent cases. NuVasive provides Exhibit A, as evidence, Mr. Amon’s
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`biography.
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`Mr. Amon also has particular experience and familiarity with the substantive
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`and technical issues involved in this inter partes review proceeding. In two related
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`matters, Mr. Amon is serving as counsel for NuVasive. The first of these related
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`matters, Warsaw Orthopedic, Inc., et al. v. Nuvasive, Inc., Case No. 3:12-cv-
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`02738-CAB (MDD) (S.D. Cal.) is currently pending in district court, which
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`granted Patent Owner’s motion for leave to amend the complaint to add U.S.
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`Patent No. 8,444,696 to the case. In addition, there is another earlier-filed related
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`case, which was litigated in the district court and is currently on appeal to the
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`Federal Circuit Court of Appeals, involving related U.S. Patent Nos. 5,772,661 and
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`5,860,973, Warsaw Orthopedic, Inc., et al. v. Nuvasive, Inc., Case No. 3:08-cv-
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`01512-MMA-AJB (S.D. Cal.). In this case, Mr. Amon is involved in the Federal
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`Circuit appeal on the matter. NuVasive has invested significant financial resources
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`in each of these related matters in which Mr. Amon served as counsel. Moreover,
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`through his representation in the related matters, NuVasive has developed a
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`particular relationship with Mr. Amon such that NuVasive desires to continue the
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`relationship with Mr. Amon for the purpose of this proceeding.
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`3
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`Proceeding No.: IPR2013-00506
`Attorney Docket: 13958-0116IP2
`1. Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
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`of Mr. Amon as required by the Order Authorizing Motion for Pro Hac Vice
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`mailed August 23, 2013.
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`Accordingly, NuVasive submits that there is good cause under 37 C.F.R. §
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`42.10(c) for the Board to recognize Mr. Amon as counsel pro hac vice during this
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`proceeding.
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`Date: April 23, 2014
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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`Respectfully submitted,
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` /Michael T. Hawkins/
`Michael T. Hawkins
`Reg. No. 57,867
`Counsel for Petitioner
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`4
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`Proceeding No.: IPR2013-00506
`Attorney Docket: 13958-0116IP2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
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`that on April 23, 2014, a complete and entire copy of this Motion for Pro Hac Vice
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`Admission of Michael A. Amon and its supporting exhibit were provided via email
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`to the Petitioner by serving the correspondence email address of record as follows:
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`Jeff E. Schwartz
`1030 15th Street, NW
`Washington, DC 20005
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`Seth A. Kramer
`2000 Market Street, 20th Floor
`Philadelphia, PA 19103
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`Email: ipdocket@foxrothschild.com
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`/Edward G. Faeth/
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`Edward G. Faeth
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(202) 626-6420
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`5
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