UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`E.I. DU PONT DE NEMOURS AND COMPANY
`Petitioner
`
`v.
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`MONSANTO TECHNOLOGY LLC
`Patent Owner
`
`________________
`
`Case IPR2014-00332
`Patent 8,071,845
`
`________________
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`
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`MONSANTO TECHNOLOGY LLC’S MOTION FOR PRO HAC VICE
`ADMISSION OF JAMES M. HILMERT UNDER 37 C.F.R. § 42.10
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`
`
`
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`
`
`1
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`
`
`
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`E.I. DU PONT DE NEMOURS AND COMPANY
`Petitioner
`
`v.
`
`MONSANTO TECHNOLOGY LLC
`Patent Owner
`
`________________
`
`Case IPR2014-00332
`Patent 8,071,845
`
`________________
`
`
`
`MONSANTO TECHNOLOGY LLC’S MOTION FOR PRO HAC VICE
`ADMISSION OF JAMES M. HILMERT UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`1
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.10, and pursuant to the authorization provided by
`
`the United States Patent and Trademark Office’s Patent Trial and Appeal Board
`
`(“Board”) in the Notice of Filing Date Accorded to Petition and Time for Filing
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`Patent Owner Preliminary Response (Paper Number 9, entered January 14, 2014)
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`(“the Notice”), Patent Owner Monsanto Technology LLC (“Patent Owner”)
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`submits this motion for James M. Hilmert to appear pro hac vice. Petitioner
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`respectfully requests the Board to recognize Mr. Hilmert as counsel pro hac vice
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`during this proceeding, and demonstrates good cause for doing so as follows.1
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`I.
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`TIME FOR FILING
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`Pursuant to the authorization provided in the Notice, as well as the “Order –
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`Authorizing Motion for Pro Hac Vice Admission” in Unified Patents, Inc. v.
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`Parallel Iron, LLC, IPR2013-00639, Paper 7 (Oct. 15, 2013) (“the Order”), this
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`motion for pro hac vice admission is being filed no sooner than twenty-one (21)
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`days after service of the petition.
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`II.
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`STATEMENT OF FACTS
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`Pursuant to the Order, the following statement of facts shows that good
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`cause exists for the Board to recognize Mr. Hilmert pro hac vice.
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`1 Corresponding motions for pro hac vice admission are being filed concurrently in
`co-pending cases IPR2014-00331, IPR2014-00333, IPR2014-00334, and IPR2014-
`00335.
`
`
`
`2
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`
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`Lead counsel for this proceeding, Andrew R. Sommer, is a registered
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`practitioner (Reg. No. 53,932).
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`Mr. Hilmert is an experienced litigation attorney with over 11 years of
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`litigation experience. [MO845-2002 at ¶ 8.] He has been involved in numerous
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`patent infringement cases in federal district courts across the country. [Id.] He has
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`experience in various aspects of patent infringement matters including jury trials,
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`Markman hearings, and summary judgment hearings. [Id.] Mr. Hilmert is a
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`member in good standing of the Illinois and Missouri bars and is admitted to
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`practice before the United States Court of Appeals for the Federal Circuit, the
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`United States Court of Appeals for the Seventh Circuit, the United States District
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`Court for the Eastern District of Michigan, and the United States District Court for
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`the Northern District of Illinois. [Id., ¶ 1.] Mr. Hilmert has not been suspended or
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`disbarred from practice, never had any application for admission to practice
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`denied, nor had any sanctions or contempt citations imposed against him. [Id., ¶¶
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`2-4.]
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` Mr. Hilmert has acted as counsel for Patent Owner in other patent litigation
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`against Petitioner. [Id. ¶ 8.] Mr. Hilmert understands Patent Owner’s business and
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`patents from his past litigation experience. [Id.] Mr. Hilmert has reviewed the
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`patent at issue, the petition, and the prior art and other materials cited therein. [Id.]
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`Given his extensive patent litigation experience, including patent litigation on
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`
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`3
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`
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`behalf of Patent Owner, and his familiarity with the instant petition, prior art,
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`materials cited therein, and patented technology, Mr. Hilmert has familiarity with
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`the subject matter at issue in this proceeding.
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`Mr. Hilmert has read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules for Practice for Trials set forth in part 42 of the
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`C.F.R., and he agrees to be subject to the USPTO Rules of Professional Conduct
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`set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37
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`C.F.R. § 11.19(a). [Id. at ¶¶ 5-6.]
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`Mr. Hilmert has not applied to appear pro hac vice in the last three years in
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`any matter before the Office, with the exception of the motions noted in footnote 1
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`of this Motion. [Id. at ¶ 7.]
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`Given that Mr. Hilmert is a trusted advisor to Patent Owner on matters
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`involving the litigation of patent disputes, and his familiarity with the subject
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`matter at issue in this proceeding, Patent Owner respectfully submits that it has
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`shown good cause for the Board to recognize Mr. Hilmert as counsel pro hac vice
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`during this proceeding.
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`4
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`
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`III. AFFIDAVIT OR DECLARATION OF INDIVIDUAL SEEKING TO
`APPEAR
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`This Motion is accompanied by a Declaration of Mr. Hilmert as required by
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`the Order.
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`Dated: March 6, 2014
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`Respectfully submitted:
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`/s/ Andrew R. Sommer
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`Andrew R. Sommer (Reg. No. 53,932)
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`Attorneys for Patent Owner
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`WINSTON & STRAWN LLP
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`
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`1700 K Street NW
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`Washington, DC 20006
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`T: (202) 282-5000
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`
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`5
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`
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`CERTIFICATE OF SERVICE
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`I certify that the foregoing MONSANTO TECHNOLOGY LLC’S
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`MOTION FOR PRO HAC VICE ADMISSION OF JAMES M. HILMERT
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`UNDER 37 C.F.R. § 42.10 AND EX. MO845-2002 was served March 6, 2014 by
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`electronic mail upon:
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`Todd R. Walters, Esq.
`Buchanan Ingersoll & Rooney PC
`1737 King Street, Suite 500
`Alexandria, VA 22314
`todd.walters@bipc.com
`
`
`
`/s/ Andrew R. Sommer
`Andrew R. Sommer
`Reg. No. 53,932
`Attorney for Patent Owner
`
`
`
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`
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`1
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