`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`ZIMMER HOLDINGS, INC.
`ZIMMER, INC.
`PETITIONERS
`
`V.
`
`BONUTTI SKELETAL INNOVATION LLC
`PATENT OWNER
`
`PATENT NO. 7,806,896
`FILING DATE: NOVEMBER 25, 2003
`ISSUE DATE: OCTOBER 5, 2010
`TITLE: KNEE ARTHROPLASTY METHOD
`
`__________________
`
`INTER PARTES REVIEW NO. IPR2014-00321
`__________________
`
`PETITIONERS’ MOTION FOR PRO HAC VICE ADMISSION
`OF KENNETH LIEBMAN
`
`
`
`Inter Partes 2014-00321
`Petitioners’ Motion for Pro Hac Vice Admission of Kenneth Liebman
`
`I.
`
`Statement of Precise Relief Requested
`
`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 4 authorizing the
`
`petitioners to file motions for pro hac vice admission under 37 C.F.R. §
`
`42.10(c), Zimmer Holdings, Inc. and Zimmer, Inc., request that the Patent Trial
`
`and Appeal Board (the “Board”) admit Kenneth Liebman pro hac vice in this
`
`proceeding, IPR2014-00321.
`
`This motion is being filed no sooner than twenty one (21) days after
`
`service of the petition.
`
`II.
`
`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
`
`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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`
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`Inter Partes 2014-00321
`Petitioners’ Motion for Pro Hac Vice Admission of Kenneth Liebman
`
`1.
`
`2.
`
`Lead counsel, Walter C. Linder, is a registered practitioner.
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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 1009 is the Declaration of Kenneth
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`Liebman in Support of Motion for Pro Hac Vice Admission (“Liebman Decl.”).
`
`In his declaration, Mr. Liebman asserts:
`
`“I am a member in good standing of the Bar Minnesota as
`well as the following Federal Courts:
`
`(c)
`
`Bar of California (11/29/79);
`(a)
`(b) U.S. Court of Appeals for the Federal
`Circuit (9/3/93);
`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);
`U. S. District Court for the Northern District
`of California (8/13/92); and
`U.S. District Court for the District of
`Minnesota (11/5/93).” (Liebman Decl., ¶ 2).
`
`(e)
`
`(f)
`
`Mr. Liebman also asserts:
`
`“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,
`
`3
`
`
`
`Inter Partes 2014-00321
`Petitioners’ Motion for Pro Hac Vice Admission of Kenneth Liebman
`
`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).
`
`3.
`
`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 Admission
`
`– 37 C.F.R. § 42.10(c) in IPR2013-00010 (MPT). (See Liebman Decl., ¶¶ 1-
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`12).
`
`III. Conclusion
`
`For the foregoing reasons, Petitioners respectfully request that the Board
`
`admit Kenneth Liebman pro hac vice in this proceeding.
`
`Respectfully submitted,
`
`/ 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
`
`Dated January 23, 2014
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R § 42.105, I hereby certify that I caused a true and correct copy of
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`the Petitioners’ Motion For Pro Hac Vice Admission Of Kenneth Liebman, and associated
`Exhibit 1009, to be served via UPS on the following:
`
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`
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`
`
`Dated: January 24, 2014
`
`
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`
`
`
`
`Faegre Baker Daniels LLP
`2200 Wells Fargo Center
`90 South Seventh Street
`Minneapolis, MN 55402-3901
`Telephone: (612) 766-7000
`Facsimile: (612) 766-1600
`
`Cary Kappel
`Davidson, Davidson & Kappel, LLC
`485 Seventh Avenue
`New York, NY 10018
`
`
`
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`
`
`FAEGRE BAKER DANIELS LLP
`
`By:
`
`
`
`
`/Walter Linder/
`Walter C. Linder
`Reg. No. 31,707
`Customer No. 25764
`
`
`
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`
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