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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
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`ZIMMER HOLDINGS, INC.
`ZIMMER, INC.
`PETITIONERS
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`V.
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`BONUTTI SKELETAL INNOVATIONS LLC
`PATENT OWNER
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`Patent No. 7,837,736
`Filing Date: October 30, 2007
`Issue Date: November 23, 2010
`Title: MINIMALLY INVASIVE SURGICAL SYSTEMS AND METHODS
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`__________________
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`Inter Partes Review No. IPR2014-00191
`__________________
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`PETITIONERS’ MOTION FOR PRO HAC VICE ADMISSION
`OF KENNETH LIEBMAN
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`Inter Partes 2014-00191
`Petitioners’ Motion for Pro Hac Vice Admission of Kenneth Liebman
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`I.
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`Statement of Precise Relief Requested
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`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 4 authorizing the
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`petitioners to file motions for pro hac vice admission under 37 C.F.R. §
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`42.10(c), Zimmer Holdings, Inc. and Zimmer, Inc., request that the Patent Trial
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`and Appeal Board (the “Board”) admit Kenneth Liebman pro hac vice in this
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`proceeding, IPR2014-00191.
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`This motion is being filed no sooner than twenty one (21) days after
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`service of the petition.
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`II.
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`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize
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`counsel pro hac vice during a proceeding upon a showing of good cause,
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`subject to the condition that lead counsel be a registered practitioner and to any
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`other conditions the Board may impose. Section 42.10(c) indicates that “where
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`the lead counsel is a registered practitioner, a motion to appear pro hac vice by
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`counsel who is not a registered practitioner may be granted upon showing that
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`counsel is an experienced litigating attorney and has an established familiarity
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`with the subject matter at issue in the proceeding.” The facts here establish
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`good cause for the Board to recognize Kenneth Liebman pro hac vice in this
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`proceeding.
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`2
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`Inter Partes 2014-00191
`Petitioners’ Motion for Pro Hac Vice Admission of Kenneth Liebman
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`1.
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`Lead counsel, Walter C. Linder, is a registered practitioner.
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`2.
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`Counsel, Kenneth Liebman, is an experienced litigator and has an
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`established familiarity with the subject matter at issue in the proceeding.
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`Accompanying this motion as Exhibit 1011 is the Declaration of Kenneth
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`Liebman in Support of Motion for Pro Hac Vice Admission (“Liebman Decl.”).
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`In his declaration, Mr. Liebman asserts:
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`“I am a member in good standing of the Bar Minnesota as
`well as the following Federal Courts:
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`(a) Bar of California (11/29/79);
`(b) U.S. Court of Appeals for the Federal
`Circuit (9/3/93);
`(c) U.S. Court of Appeals for the Eleventh
`Circuit (9/19/91);
`(d) U.S. District Court for the Central District of
`California (1/15/80);
`(e) U. S. District Court for the Northern District
`of California (8/13/92); and
`(f) U.S. District Court for the District of
`Minnesota (11/5/93).” (Liebman Decl., ¶ 2).
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`Mr. Liebman also asserts:
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`“I have been in private practice for over 33 years, and
`litigating patent cases for over 20 years. Several of these
`patent litigations include USPTO post-grant procedures. .
`. . I am familiar with the subject matter at issue in this
`proceeding. I am lead counsel for Petitioner in the matter
`Bonutti Skeletal Innovation LLC v. Zimmer Holdings,
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`3
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`Inter Partes 2014-00191
`Petitioners’ Motion for Pro Hac Vice Admission of Kenneth Liebman
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`
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`Inc. et al., No. 1:12-cv-1107-GMS (filed on September
`10, 2012), which is related to and involves the same
`patent at issue in this proceeding.” (Liebman Decl., ¶¶
`10-11).
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`3.
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`In his declaration, Mr. Liebman also attests to each of the listed
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`items required by the “Order – Authorizing Motion for Pro Hac Vice
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`Admission” in IPR2013-00639. (See Liebman Decl., ¶¶ 1-12).
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`III. Conclusion
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`For the foregoing reasons, Petitioners respectfully request that the Board
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`admit Kenneth Liebman pro hac vice in this proceeding.
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`Respectfully submitted,
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`/ Walter Linder/
`Walter C. Linder
`Reg. No. 31,707
`FAEGRE BAKER DANIELS LLP
`2200 Wells Fargo Center
`90 South 7th Street
`Minneapolis, MN 55402-3901
`Tel.: (612) 766- 7000
`Fax.: (612) 766-1600
`Lead Counsel for Petitioner
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`Dated February 26, 2014
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`Inter Partes 2014-00191
`Petitioners’ Motion for Pro Hac Vice Admission of Kenneth Liebman
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.105, I hereby certify that I caused a true and
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`correct copy of the Petitioners’ Motion for Pro Hac Vice Admission of Kenneth
`Liebman, and associated Exhibit 1011, to be served via UPS on the following:
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`Cary Kappel
`Davidson, Davidson & Kappel, LLC
`485 Seventh Avenue
`New York, NY 10018
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`Dated: February 26, 2014
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`By: /Walter Linder/
`Walter C. Linder
`Reg. No. 31,707
`Counsel for Petitioner
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