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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`AKER BIOMARINE AS
`Petitioner
`
`
`
`v.
`
`Patent of NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.
`Patent Owner
`
`
`
`Case IPR2014-00003
`Patent 8,278,351
`
`
`
`MOTION FOR LAURA J. CUNNINGHAM TO APPEAR
`PRO HAC VICE ON BEHALF OF
`PATENT OWNER NEPTUNE TECHNOLOGIES
`AND BIORESSOURCES INC.
`
`

`
`Case No.: IPR2014-00003
`Neptune’s Motion for Laura J. Cunningham to Appear Pro Hac Vice
`
` 
`I. STATEMENT OF THE PRECISE RELIEF REQUESTED
`
`Pursuant to the Board’s NOTICE OF FILING DATE ACCORDED TO
`
`PETITION AND TIME FOR FILING PATENT OWNER PRELIMINARY
`
`RESPONSE entered October 2, 2013 (Paper 7), authorizing the parties to the present
`
`proceeding to file motions for pro hac vice admission under 37 C.F.R. § 42.10(c),
`
`Patent Owner Neptune Technologies & Bioressources Inc. (“Neptune”) hereby
`
`moves for an Order allowing Laura J. Cunningham of Cooley LLP to appear pro hac
`
`vice on behalf of Neptune in the above- captioned case.
`
`II. LIST OF EXHIBITS RELIED UPON FOR THIS MOTION
`
` Neptune Exhibit 2017 – Declaration of Laura J. Cunningham in Support of
`
`Motion to Appear Pro Hac Vice on Behalf of Patent Owner Neptune Technologies
`
`& Bioressources Inc.
`
`III. REASONS THE REQUESTED RELIEF SHOULD BE GRANTED
`
`As set forth below in the Statement of Material Facts, Neptune has made all of
`
`the showings required under 37 C.F.R. § 42.10(c) for recognizing Ms. Cunningham
`
`pro hac vice. In particular, Ms. Cunningham has nearly five years of experience as a
`
`litigating attorney. Further, Ms. Cunningham has an established familiarity with the
`
`subject matter at issue in this proceeding. Accordingly, allowing Ms. Cunningham to
`
`appear pro hac vice on behalf of Neptune is appropriate in this proceeding.
`
` 
`
`1
`
`

`
`Case No.: IPR2014-00003
`Neptune’s Motion for Laura J. Cunningham to Appear Pro Hac Vice
`
` 
`IV. STATEMENT OF MATERIAL FACTS
`
`1. 37 C.F.R. § 42.10(c) provides that “[t]he Board may recognize counsel
`
`pro hac vice during a proceeding upon a showing of good cause, subject to the
`
`condition that lead counsel be a registered practitioner and to any other 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 registered
`
`practitioner may be granted upon showing that counsel is an experienced
`
`litigating attorney and has an established familiarity with the subject matter at issue
`
`in the proceeding.”
`
`2. Lead counsel in this Inter Partes Review proceeding is Stephen L. Altieri,
`
`Ph.D. Dr. Altieri is registered to practice before the United States Patent and
`
`Trademark Office and holds Registration No. 63,133.
`
`3. As set forth in the attached Neptune Exhibit 2017 - Declaration of Laura J.
`
`Cunningham in Support of Motion to Appear Pro Hac Vice on Behalf of Patent
`
`Owner Neptune Technologies & Bioressources Inc. (the “Cunningham Declaration”),
`
`Ms. Cunningham is an experienced litigating attorney and has an established
`
`familiarity with the subject matter at issue in this proceeding. In particular, Ms.
`
`Cunningham has nearly five years of experience as a litigating attorney representing
`
`clients in matters in various United States District Courts, the Court of Appeals for
`
`the Federal Circuit, and before the International Trade Commission. Cunningham
`
` 
`
`2
`
`

`
`Case No.: IPR2014-00003
`Neptune’s Motion for Laura J. Cunningham to Appear Pro Hac Vice
`
` 
`Declaration ¶ 3. Ms. Cunningham’s experience includes several matters in the
`
`chemical and electrical engineering arts. Id.
`
`4. Further, Ms. Cunningham is familiar with U.S. Patent No. 8,278,351, and
`
`with the legal subject matter, technical subject matter, and prior art discussed in
`
`Petitioner’s Request for Inter Partes Review of U.S. Patent No. 8,278,351 which
`
`forms the basis for this proceeding. Id. ¶ 4.
`
`5. Ms. Cunningham has 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
`
`C.F.R. Id. ¶ 9. Ms. Cunningham also agrees to be subject to the United States Patent
`
`and Trademark Office Code of Professional Responsibility set forth in 37 C.F.R. §§
`
`10.20 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id. ¶ 10.
`
`6. Finally, Ms. Cunningham has attested to the remaining elements of
`
`Paragraph 2(b) of the representative “Order – Authorizing Motion for Pro Hac Vice
`
`Admission” in Case IPR2013-00010 (MPT). Cunningham Declaration ¶¶ 5-8, 11-12;
`
`see NOTICE OF FILING DATE ACCORDED TO PETITION AND TIME FOR
`
`FILING PATENT OWNER PRELIMINARY RESPONSE entered October 2, 2013
`
`(Paper 7) at 2.
`
`V. CONCLUSION
`
`In view of the foregoing, and having satisfied the requirements of 37 C.F.R.
`
`§ 42.10(c), Neptune hereby moves for an Order allowing Laura J. Cunningham of
`
` 
`
`3
`
`

`
`Case No.: IPR2014-00003
`Neptune’s Motion for Laura J. Cunningham to Appear Pro Hac Vice
`
`Cooley LLP to appear pro hac vice on behalf of Neptune in the above-captioned
`
` 
`
`Respectfully submitted,
`
`
`
`COOLEY LLP
`
`By:
`
`
`
`/Stephen L. Altieri/
`Stephen L. Altieri, Ph.D.
`Reg. No. 63,133
`
`case.
`
`
`
`Dated: May 2, 2014
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Avenue, N.W
`Suite 700
`Washington, DC 20004-2400
`
`Tel: (617) 937-2371
`Fax: (202) 842-7899
`
` 
`
`4
`
`

`
`Case No.: IPR2014-00003
`Neptune’s Motion for Laura J. Cunningham to Appear Pro Hac Vice
`
`CERTIFICATION OF SERVICE UNDER 37 C.F.R. §§ 42.6(e), 42.105(a)
`
`I, Stephen L. Altieri, Ph.D., hereby certify that a complete copy of:
`
` MOTION FOR LAURA J. CUNNINGHAM TO APPEAR PRO HAC
`
`VICE ON BEHALF OF PATENT OWNER NEPTUNE
`
`TECHNOLOGIES AND BIORESSOURCES INC.;
`
` DECLARATION OF LAURA J. CUNNINGHAM IN SUPPORT OF
`
`MOTION TO APPEAR PRO HAC VICE ON BEHALF OF PATENT
`
`OWNER NEPTUNE TECHNOLOGIES AND BIORESSOURCES
`
` 
`
`
`
`
`
`INC.; and
`
` this Certificate of Service
`
`are being served electronically (as consented to by Petitioner), on the 2nd day of May,
`
`2014, the same day as the filing of the above-identified document in the United
`
`States Patent and Trademark Office, upon:
`
`J. Mitchell Jones
`jmjones@casimirjones.com and docketing@casimirjones.com
`Hand delivery address:
`CASIMIR JONES SC
`2275 Deming Way, St. 310
`Middleton, WI 53562
`Telephone: (608) 662-1277
`Facsimile: (608) 662-1276
`Reg. No. 44,174
`
`
`
` 
`
`

`
`Case No.: IPR2014-00003
`Neptune’s Motion for Laura J. Cunningham to Appear Pro Hac Vice
`
`Amanda Hollis
`amanda.hollis@kirkland.com
`Hand delivery address:
`KIRKLAND & ELLIS
`300 North LaSalle
`Chicago, IL 60654
`Telephone: 312-862-2011
`Facsimile: 312-862-2200
`Reg. No. 55,629
`
` 
`
`
`
`
`
`Respectfully submitted,
`COOLEY LLP
`
`
`
`
`
`
`By:
`
`
`
`/Stephen L. Altieri/
`Stephen L. Altieri, Ph.D.
`Reg. No. 63,133
`
`Dated: May 2, 2014
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Avenue, N.W
`Suite 700
`Washington, DC 20004-2400
`
`Tel: (617) 937-2371
`Fax: (202) 842-7899
`
`
`
`
` 

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