UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BUTAMAXTM ADVANCED BIOFUELS LLC
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`Petitioner
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`V.
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`GEVO, INC.
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`Patent Owner
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`Case No. IPR2013-00539
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`Patent No. 8,273,565
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`MOTION FOR BRETT LUND TO APPEAR PRO HAC VICE ON BEHALF
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`OF PATENT OWNER GEVO, INC.
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`Mail Stop PATENT BOARD
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`Patent Trial and Appeal Board
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`US. Patent and Trademark Office
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`PO. Box 1450
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`Alexandria, VA 22313—1450
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`111070798 V1
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`
`
`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BUTAMAXTM ADVANCED BIOFUELS LLC
`
`Petitioner
`
`V.
`
`GEVO, INC.
`
`Patent Owner
`
`Case No. IPR2013-00539
`
`Patent No. 8,273,565
`
`MOTION FOR BRETT LUND TO APPEAR PRO HAC VICE ON BEHALF
`
`OF PATENT OWNER GEVO, INC.
`
`Mail Stop PATENT BOARD
`
`Patent Trial and Appeal Board
`
`US. Patent and Trademark Office
`
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`111070798 V1
`
`
`
`
`
`Case No: IPR2013-00539
`
`US. Pat. No. 8,273,565
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`I.
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`STATEMENT OF THE PRECISE RELIEF REQUESTED
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`Pursuant to the Board’s “Order — Conduct of the Proceeding 37 CPR. § 42.5,”
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`entered October 10, 2014 (Paper 25), authorizing Gevo, Inc. (Gevo) to file a motion
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`for pro hac vice admission under 37 C.F.R. § 42.10(c), Gevo hereby moves for an
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`Order allowing Brett Lund, Chief Licensing Officer and General Counsel for Gevo,
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`to appear pro hac vice on behalf of Gevo in the present inter parteS review.
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`Present counsel has conferred with the representatives for Butamax and the
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`present pro hac vice motion will not be opposed.
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`II.
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`LIST OF EXHIBITS RELIED UPON FOR THIS MOTION
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`o Gevo Exhibit 2002 — Declaration of Gevo, Inc.’s General Counsel Brett Lund in
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`Support of Pro Hac Vice Motion.
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`III. REASONS THE REQUESTED RELIEF SHOULD BE GRANTED
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`As set forth below in the Statement of Material Facts, Gevo has made all of the
`
`showings required under 37 C.F.R. § 42.10(c) for recognizing Mr. Lund pro hac vice.
`
`In particular, Mr. Lund has 14 years of experience as a practicing attorney,
`
`which includes significant involvement with complex litigation matters involving
`
`intellectual property. Further, Mr. Lund has an established familiarity with the subject
`
`matter at issue in this proceeding. Accordingly, allowing Mr. Lund to appear pro hac
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`vice on behalf of Gevo is appropriate in this proceeding.
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`111070798 v1
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`1
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`Case No: IPR2013-00539
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`US. Pat. No. 8,273,565
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`IV.
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`STATEMENT OF MATERIAL FACTS
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`l.
`
`37 C.F.R.
`
`§ 42.10(c) provides tha
`
`“[t]he Board may recognize
`
`counsel pro hac vice during a proceeding upon a showing of good cause, subject to
`
`the condition that
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`lead counsel be a registered practitioner and to any other
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`conditions as the Board may impose. For example, where the lead counsel is a
`
`registered practitioner, a motion to appear pro hac vice by counsel who is not a
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`registered practitioner may be granted upon showing that
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`counsel
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`is
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`an
`
`experienced litigating attorney and has an established familiarity with the subject
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`matter at issue in the proceeding.”
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`2.
`
`Lead counsel
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`in this
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`inter partes review proceeding is Erich E.
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`Veitenheimer, Ph.D. Dr. Veitenheimer is registered to practice before the United
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`States Patent and Trademark Office and holds Registration No. 40,420.
`
`3.
`
`As set forth in the attached Gevo Exhibit 2002, Declaration of Gevo,
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`Inc’s General Counsel Brett Lund in Support of Pro Hac Vice Motion (“Lund
`
`Declaration”), Mr. Lund has
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`significant experience with litigation involving
`
`intellectual property and has an established familiarity with the subject matter at
`
`issue in this proceeding. See Lund Declaration, at W 4—8.
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`4.
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`Further, Mr. Lund is familiar with US. Patent No. 8,273,565, and with
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`the legal subject matter,
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`technical subject matter, and prior art discussed in
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`111070798 v1
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`2
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`Case No: IPR2013-00539
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`US. Pat. No. 8,273,565
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`Petitioner’s Request for Inter Paries Review of US. Patent No. 8,273,565, which
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`forms the basis for this proceeding. See Lund Declaration, at 11 8.
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`5.
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`Mr. Lund has read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in Part 42 of 37 C.F.R.
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`See Lund Declaration, at 11 13. Mr. Lund also agrees to be subject to the United States
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`Patent and Trademark Office Rules of Professional Conduct set forth in 37 CPR. §§
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`11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).1a’., at 11 14.
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`6.
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`Finally, Mr. Lund has attested to the remaining elements of paragraph
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`2(b) of the representative “Order — Authorizing Motion for Pro Hac Vice Admission
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`37 C.F.R. § 42.10” in Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-
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`00639 (PTAB October 15, 2013; Paper 7). Lund Declaration, at 1111 9—12 and 15. See
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`Board’s “Order —— Conduct of the Proceeding 37 C.F.R. § 42.5,” in the present
`
`proceeding, entered October 10, 2014 (Paper 25)
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`(specifying on page 3 the
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`requirement for the pro hac vice motion).
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`V.
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`CONCLUSION
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`In View of the foregoing, and having satisfied the requirements of 37 CPR.
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`§ 42.10(c), Gevo hereby moves for an Order allowing Brett Lund, of Gevo, Inc., to
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`appear pro hac vice on behalf of Gevo in the instant proceedings. As
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`aforementioned, the present pro hac vice motion will not be opposed by ButamaX.
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`111070798 v1
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`Case No: IPR2013-00539
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`US Pat. No. 8,273,565
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`Respectfully submitted,
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`COOLEY LLP
`
`By:
`
`
`L W”
`flux. g
`Erich E. Veitenheimer, Ph.D.
`Reg. No. 40,420
`
`October 13, 2014
`
`COOLEY LLP
`
`ATTN: Patent Group
`1299 Pennsylvania Avenue, NW
`Sum? 700
`Washington, DC 20004-2400
`
`Tel: (202) 842-7800
`
`Fax: (202) 842-7899
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`111070798 v1
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`4
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`Case No: IPR2013-00539
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`US. Pat. No. 8,273,565
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`CERTIFICATION OF SERVICE UNDER 37 C.F.R. § 42.6“)!
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`I, Erich E. Veitenheimer, Ph.D., hereby certify that on this 13th day of October,
`
`2014, the foregoing MOTION FOR BRETT LUND TO APPEAR PRO HAC VICE
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`ON BEHALF OF PATENT OWNER GEVO, INC. and accompanying GEVO
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`EXHIBIT 2002 was served electronically via email on the following:
`
`Deborah A. Sterling (Reg. No. 62,732)
`
`dsterlin-PTAB@sl<gf.com
`
`Peter A. Jackman (Reg. No. 45,986)
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`pj ackman—PTAB @skgf.com
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`1100 New York Avenue, NW
`
`Washington, DC 20005
`
`202.772.8501 (telephone)
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`202.371.2540 (facsimile)
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`October 13, 2014
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`COOLEY LLP
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`Respectfully submitted,
`
`COOLEY LLP
`
`ATTN: Patent Group
`1299 Pennsylvania Avenue, NW
`Snite 700
`Washington, DC 20004-2400
`
`By:
`
`ax“. c;Embmmwté22W“,
`Erich E. Veitenheimer, Ph.D.
`Reg. No. 40,420
`
`Tel: (202) 842—7800
`
`Fax: (202) 842-7899
`
`
`
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