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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________
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`MEDTRONIC, INC. and MEDTRONIC VASCULAR, INC.
`Petitioner
`
`v.
`
`ENDOTACH LLC
`Patent Owner
`
`__________
`
`
`Case IPR2014-00100
`Patent 5,593,417
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`
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`PATENT OWNER’S MOTION FOR PRO HAC VICE AMISSION OF
`JONATHAN T. SUDER
`
`
`
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`
`
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`
`
`Case No. IPR2014-00100
`Patent No. 5,593,417
`
`
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`
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`
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`Pursuant to 37 C.F.R. § 42.10(c), the Patent Owner seeks pro hac vice
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`
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`admission of Jonathan T. Suder as backup counsel in this inter partes review. The
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`Board’s November 6, 2013 Notice (Paper 3) authorized the filing of this motion.
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`This motion satisfies the requirements of 37 C.F.R. § 42.10(c). In particular,
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`lead counsel for the Patent Owner is a registered patent attorney, and there is good
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`cause to admit Mr. Suder as pro hac vice backup counsel for the Patent Owner.
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`Exhibit 2001, which accompanies this motion, is a declaration by Mr. Suder
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`explaining that he satisfies all of the criteria for pro hac vice admission, as set forth
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`in Motorola Mobility LLC v. Arnouse, IPR2013-00010 (MPT), Paper 6 (Oct. 15,
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`2012). In particular, this motion is being filed no sooner than 21 days after service
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`of the petition for inter partes review, and Mr. Suder is a member in good standing
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`of at least the State Bar of Texas, has never been suspended or disbarred, has never
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`had an application for admission denied, has never been sanctioned or cited for
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`contempt, has read and agrees to comply with the Office Patent Trial Practice
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`Guide and the Board’s Rule of Practice for Trials set for in part 42 of the Code of
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`Federal Regulations, submits to be subject to the PTO’s code of professional
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`responsibility and disciplinary jurisdiction, has not appeared pro hac vice in any
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`other PTO proceedings in the last three years, and has an established familiarity
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`with the subject matter of this review as a result of having been lead counsel for
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`2
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`Case No. IPR2014-00100
`Patent No. 5,593,417
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`
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`the Patent Owner in three patent infringement lawsuits of the patent under review:
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`Endotach LLC v. Medtronic, Inc. and Medtronic Vascular, Inc., Civil Action No.
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`5:13-cv-3292, pending in the Northern District of California, San Jose Division;
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`Endotach LLC v. Cook Medical Incorporated, Civil Action No. 1:13-cv-1135,
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`pending in the Southern District of Indiana, Indianapolis Division; and Endotach
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`LLC v. W.L. Gore & Associates, Inc., Civil Action No. 3:12-cv-00308, filed in the
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`Northern District of Florida, Pensacola Division but which has been resolved.
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`For the foregoing reasons, the Patent Owner respectfully requests that the
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`Board admit Mr. Suder pro hac vice in this inter partes review.
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`Respectfully submitted,
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`Date: 2013 Nov. 22
`
`By: / M.C. Phillips /
`Matthew C. Phillips
`Registration No. 43,403
`
`
`Brett M. Pinkus
`Reg. No. 59,980
`Jonathan T. Suder
`(pro hac vice motion pending)
`Backup Counsel for Patent Owner
`Friedman, Suder & Cooke
`604 E. Fourth Street, Suite 200
`Fort Worth, Texas 76102
`Telephone: 817-334-0400
`Facsimile: 817-334-0401
`pinkus@fsclaw.com
`jts@fsclaw.com
`
`Matthew C. Phillips
`Reg. No. 43,403
`
`Lead Counsel for Patent Owner
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`Renaissance IP Law Group LLP
`9600 SW Oak Street, Suite 560
`Portland, Oregon 97223
`Telephone: 503-964-1129
`Facsimile: 503-517-9919
`matthew.phillips@renaissanceiplaw.com
`
`
`
`
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`3
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`
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`Case No. IPR2014-00100
`Patent No. 5,593,417
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`
`
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify that on this the 22nd day of November, 2013, a true and
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`correct copy of the foregoing PATENT OWNER’S MOTION FOR PRO HAC
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`VICE AMISSION OF JONATHAN T. SUDER, including all exhibits and other
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`papers
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`filed
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`therewith, were
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`served
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`via
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`electronic mail
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`upon
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`jack.barufka@pillsburylaw.com,
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`ngai.zhang@pillsburylaw.com,
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`and
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`docket_ip@pillsburylaw.com and via EXPRESS MAIL® upon counsel of record
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`for Petitioners at the following addresses:
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`Jack Barufka
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`1650 Tysons Boulevard, Suite 1400
`McLean, Virginia 22102
`
`Ngai Zhang
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`1650 Tysons Boulevard, Suite 1400
`McLean, Virginia 22102
`
`
`/ M.C. Phillips /
`Matthew C. Phillips
`Registration No. 43,403
`
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`4
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