`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`
`
`MAKO SURGICAL CORP.,
`Petitioner
`
`v.
`
`BLUE BELT TECHNOLOGIES, INC.,
`Patent Owner
`
`______________________
`
`Case IPR2015-00630
`Patent No. 6,205,411 B1
`_______________________
`
`
`PETITIONER MAKO SURGICAL CORP.’S MOTION FOR ADMISSION
`PRO HAC VICE OF WESLEY E. OVERSON
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`sf-3614554
`
`
`
`
`
`I.
`
`Statement of Precise Relief Requested
`
`IPR2015-00630
`US Patent No. 6,205,411 B1
`
`Pursuant to 37 C.F.R. § 42.10(c), Petitioner Mako Surgical Corp. requests
`
`that the Patent Trial and Appeal Board (the “Board”) admit Wesley E. Overson pro
`
`hac vice as backup lead counsel in this proceeding, IPR2015-00630. This motion
`
`is accompanied by a declaration of Mr. Overson in support of the motion for
`
`admission pro hac vice. (“Overson Decl.”).
`
`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 counsel
`
`pro hac vice during a proceeding upon a showing of good cause, subject to the
`
`condition that lead counsel is a registered practitioner and to any other conditions
`
`as the Board may impose. Section 42.10(c) indicates that “where lead counsel is a
`
`registered practitioner, a motion to appear pro hac vice by counsel who is not a
`
`registered practitioner may be granted upon a showing that counsel is an
`
`experienced litigating attorney and has an established familiarity with the subject
`
`matter at issue in the proceeding.” The facts here establish good cause for the
`
`Board to recognize Wes Overson pro hac vice in this proceeding. See Overson
`
`Decl. ¶¶ 1-9.
`
`Lead counsel, Matthew I. Kreeger, is a registered practitioner. Counsel
`
`Wesley E. Overson is an experienced litigator and has an established familiarity
`
`sf-3614554
`
`1
`
`
`
`
`
`IPR2015-00630
`US Patent No. 6,205,411 B1
`with the patent at issue in the proceeding, the technology, the relevant prior art, and
`
`the legal and factual arguments. Mr. Overson has kept up with the developments
`
`in this proceeding. Mr. Overson is the lead counsel in the related Mako Surgical
`
`Corp. et al. v. Blue Belt Technologies Inc., No. 0:14-cv-61263-MGC (S.D. Fla.)
`
`litigation which involves the same patent at issue in this proceeding and is
`
`currently stayed pending the outcome of IPR proceedings. See Overson Decl. ¶ 8.
`
`Patent Owner has informed Petitioner that it does not oppose the pro hac
`
`vice request.
`
`III. Conclusion
`
`For the foregoing reasons, Petitioner respectfully requests that the Board
`
`admit Wesley E. Overson pro hac vice in this proceeding as backup lead counsel.
`
`
`
`Dated: January 19, 2016
`
`Respectfully submitted,
`
`
`
`By: /s/ Matthew I. Kreeger
`Matthew I. Kreeger
`Registration No. 56,398
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, California 94105-2482
`Tel: (415) 268-6468
`Fax: (415) 268-7522
`
`Attorney for Petitioner Mako Surgical
`Corp.
`
`
`
`
`
`sf-3614554
`
`2
`
`
`
`
`
`
`
`
`
`IPR2015-00630
`US Patent No. 6,205,411 B1
`
`Certificate of Service (37 C.F.R. § 42.6(e)(4))
`
`I hereby certify that the above captioned PETITIONER MAKO SURGICAL
`
`CORP.’S MOTION FOR ADMISSION PRO HAC VICE OF WESLEY E.
`
`OVERSON was served as of the below date via electronic mail by agreement on
`
`the Petitioner at the following correspondence address:
`
`Brian M. Buroker
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036-5306
`
`
`
`
`
`
`Dated: January 19, 2016
`
`
`
`/s/ Matthew I. Kreeger
`Matthew I. Kreeger
`Registration No. 56,398
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, California 94105-2482
`(415) 268-7000
`
`Attorney for Petitioner Mako Surgical
`Corp.
`
`sf-3614554
`
`1
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