IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ENZYMOTEC LTD.,
`Petitioner
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`v.
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`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.,
`Patent Owner
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`IPR2014-00556
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`MOTION FOR PRO HAC VICE ADMISSION OF DANIEL
`P. MARGOLIS UNDER 37 C.F.R. § 42.10(c)
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ENZYMOTEC LTD.,
`Petitioner
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`v.
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`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.,
`Patent Owner
`
`IPR2014-00556
`
`MOTION FOR PRO HAC VICE ADMISSION OF DANIEL
`P. MARGOLIS UNDER 37 C.F.R. § 42.10(c)
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case No. IPR2014-00556
`Motion for Pro Hac Vice Admission of Daniel P. Margolis
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`STATEMENT OF THE PRECISE RELIEF REQUESTED
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`Pursuant to the Board’s “Notice of Filing Date Accorded to Petition and
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`I.
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`Time for Filing Patent Owner Preliminary Response,” dated April 10, 2014 (Paper
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`5), authorizing the parties to file motions for pro hac vice admission under 37
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`C.F.R. § 42.10(c), Petitioner Enzymotec Ltd. respectfully requests that the Board
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`allow Daniel P. Margolis to appear pro hac vice on its behalf in this proceeding.
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`II. REASONS THE REQUESTED RELIEF SHOULD BE GRANTED
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`As set forth in the Statement of Material Facts below, as required by 37
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`C.F.R. § 42.10(c), Petitioner has demonstrated good cause to admit Dr. Margolis
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`pro hac vice in this proceeding. In particular, Petitioner’s lead counsel is a
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`registered practitioner, and Dr. Margolis is an experienced litigating attorney
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`having an established familiarity with the subject matter at issue in this proceeding.
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`Furthermore, this motion is being filed more than twenty one days after
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`service of the petition; includes a statement of facts showing good cause for the
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`Board to recognize Dr. Margolis pro hac vice; and is accompanied by the
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`declaration of Daniel P. Margolis in Support of Petitioner’s Motion for Pro Hac
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`Vice Admission (Ex. 1081), all in accordance with the “Order Authorizing Motion
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`for Pro Hac Vice Admission” in Case IPR2013-00639, Paper 7.
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`1
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`Case No. IPR2014-00556
`Motion for Pro Hac Vice Admission of Daniel P. Margolis
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`III. STATEMENT OF MATERIAL FACTS
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`1.
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`37 C.F.R. § 42.10(c) provides:
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`The Board may recognize counsel pro hac vice during a proceeding
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`upon a showing of good cause, subject to the condition that lead
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`counsel be a registered practitioner and to any other conditions as the
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`Board may impose. For example, where the lead counsel is a
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`registered practitioner, a motion to appear pro hac vice by counsel
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`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
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`familiarity with the subject matter at issue in the proceeding.
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`2.
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`Elizabeth J. Holland, lead counsel for Petition Enzymotec Ltd. in this
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`proceeding, is a registered practitioner holding Registration No. 47,657.
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`3.
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`As set forth in the declaration of Daniel P. Margolis in Support of
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`Petitioner’s Motion for Pro Hac Vice Admission (Ex. 1081), Dr. Margolis is an
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`experienced litigating attorney. Specifically, Dr. Margolis has nearly eight years
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`of experience representing clients in patent litigations, primarily in the chemical
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`arts, in United States district courts, the Court of Appeals for the Federal Circuit,
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`and the International Trade Commission. (Ex. 1081, ¶ 2).
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`2
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`Case No. IPR2014-00556
`Motion for Pro Hac Vice Admission of Daniel P. Margolis
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`Dr. Margolis also has an established familiarity with the subject
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`4.
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`matter at issue in this proceeding. Patent Owner previously asserted U.S. Patent
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`No. 8,278,351 (“the ’351 patent”), the patent at issue in this proceeding, against
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`Enzymotec Ltd. in Investigation No. 337-TA-887 before the United States
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`International Trade Commission (“the ITC case”). Dr. Margolis was litigation
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`counsel for Enzymotec Ltd. in that Investigation, and in the course of that
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`representation, developed a strong familiarity with the ’351 patent, its prosecution
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`history, and the general subject matter to which the ’351 patent is directed. (Ex.
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`1081, ¶ 10). Dr. Margolis also became particularly familiar with the prior art
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`references relied upon by Petitioner in support of its invalidity grounds in this
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`proceeding, as they were similarly relied upon by Petitioner in the ITC case. (Id.).
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`Additionally, Dr. Margolis has thoroughly reviewed the Petition and
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`accompanying Exhibits submitted in this proceeding. (Id.).
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`5.
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`Dr. Margolis has attested to the each of the requirements set forth in
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`paragraph 2(b) of the “Order Authorizing Motion for Pro Hac Vice Admission” in
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`Case IPR2013-00639, Paper 7. (Ex. 1081, ¶¶ 3-10).
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`IV. CONCLUSION
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`In view of the foregoing, Petitioner respectfully submits that the
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`requirements of 37 C.F.R. § 42.10(c) have been satisfied, and requests an Order
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`3
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`Case No. IPR2014-00556
`Motion for Pro Hac Vice Admission of Daniel P. Margolis
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`permitting Daniel P. Margolis to appear pro hac vice on its behalf in this
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`proceeding.
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`Respectfully submitted,
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`/Elizabeth J. Holland/
`Elizabeth J. Holland (Reg. No. 47,657)
`Cynthia Lambert Hardman (Reg. No. 53,179)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: (212) 425-7200
`Fax: (212) 425-5288
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`Counsel for Petitioner Enzymotec Ltd.
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`Dated: May 30, 2014
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`4
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`CERTIFICATION OF SERVICE
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`The undersigned hereby certifies that “MOTION FOR PRO HAC VICE
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`ADMISSION OF DANIEL P. MARGOLIS UNDER 37 C.F.R. § 42.10(c),”
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`“DECLARATION OF DANIEL P. MARGOLIS IN SUPPORT OF MOTION
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`FOR PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c),” and
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`“ENZYMOTEC LTD.’S UPDATED EXHIBIT LIST” were served by electronic
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`mail on this 30th day of May 2014 on the following:
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`/Cynthia Lambert Hardman/
`Elizabeth J. Holland (Reg. No. 47,657)
`Cynthia Lambert Hardman (Reg. No. 53,179)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Tel: (212) 425-7200
`Fax: (212) 425-5288
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`Counsel for Petitioner Enzymotec Ltd.
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`Stephen L. Altieri, Ph.D.
`J. Dean Farmer, Ph.D.
`IPR2014-00556@cooley.com
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`
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`Dated: May 30, 2014
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