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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`JDS UNIPHASE CORPORATION
`Petitioner
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`v.
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`CAPELLA PHOTONICS, INC.
`Patent Owner
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`Case IPR2015-00731
`Patent No. RE 42,368
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`__________________
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`Filed and Served: January 26, 2016
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` Before JOSIAH C. COCKS, KALYAN K. DESHPANDE, and JAMES A.
`TARTAL, Administrative Patent Judges.
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`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`OF JOEL D. SAYRES
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`US.103399456.06
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`IPR2015-00731
`Petitioner’s Motion for Pro Hac Vice Admission
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`Statement of Precise Relief Requested
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`I.
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`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 4 authorizing the parties
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`to file motions for pro hac vice admission under 37 C.F.R. § 42.10(c), Petitioner
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`JDS Uniphase Corporation, requests that the Patent Trial and Appeal Board (the
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`“Board”) admit Joel D. Sayres pro hac vice in this proceeding, IPR2015-00731.
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`This motion is being filed no sooner than twenty one (21) days after service of
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`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, subject
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`to the condition that lead counsel be a registered practitioner and to any other
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`conditions the Board may impose. Section 42.10(c) indicates that “where the
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`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 set forth below,
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`supported by the Declaration of Joel D. Sayres (Exhibit 1038), establish good
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`cause for the Board to recognize Mr. Sayres pro hac vice in this proceeding:
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`US.103399456.06
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`IPR2015-00731
`Petitioner’s Motion for Pro Hac Vice Admission
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`1.
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`Petitioner’s lead counsel, Walter C. Linder, is a registered
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`practitioner.
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`2.
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`Joel D. Sayres is a partner at the law firm of Faegre Baker Daniels
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`LLP, in Denver, Colorado. (Ex. 1038, ¶ 1.)
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`3. Mr. Sayres is an experienced litigation attorney. Mr. Sayres has been
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`in practice for over twelve years, and has been litigating patent cases for over
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`nine years. (Ex. 1038, ¶ 10.) He is a member in good standing of the Colorado
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`and California Bars, and has been admitted to practice in several federal courts
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`across the country. (Id., ¶¶ 2-3 .) Mr. Sayres has also been admitted to appear
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`pro hac vice before the United States Patent and Trademark Office in several
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`other IPR proceedings. (Id., ¶ 9.)
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`4. Mr. Sayres has an established familiarity with the subject matter at
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`issue in this proceeding. Mr. Sayres has read in detail and understands the papers
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`and evidence submitted by Petitioner in this proceeding, and is very familiar with
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`the invalidity grounds and legal theories advanced from his years of experience
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`litigating patent cases. (Ex. 1038, ¶ 11.) Mr. Sayres has reviewed in detail the
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`patent challenged in this proceeding, U.S. Patent No. RE42,368 (“the ’368
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`Patent”), as well as the exhibits to the Petition, including the file history of the
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`‘368 Patent and the prior art references and excerpts that are the basis for
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`Petitioner’s obviousness and anticipation grounds in this proceeding. (Id.)
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`US.103399456.06
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`IPR2015-00731
`Petitioner’s Motion for Pro Hac Vice Admission
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`5. Mr. Sayres has also invested significant time in strategic and
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`substantive discussion regarding this proceeding with lead counsel for Petitioner,
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`Walter C. Linder. As a result of these discussions and reviewing written
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`materials, including the exhibits filed with the Petition, Mr. Sayres has a detailed
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`understanding of the subject matter at issue in this proceeding . (Ex. 1038, ¶ 12.)
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`6.
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`In his declaration, Mr. Sayres also attests to each of the listed items
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`required by the “Order – Authorizing Motion for Pro Hac Vice Admission” 37
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`C.F.R. § 42.10 in IPR2013-00639, Paper 7. (Ex. 1038, ¶¶ 1-12).
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`III.
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`Conclusion
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`For the foregoing reasons, Petitioner respectfully requests that the Board
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`admit Joel D. Sayres pro hac vice in this proceeding.
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`Respectfully submitted,
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` /Walter C. 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: January 26, 2016
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`US.103399456.06
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`IPR2015-00731
`Petitioner’s Motion for Pro Hac Vice Admission
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`CERTIFICATE OF SERVICE
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`I hereby certify that I caused a true and correct copy of the foregoing Petitioner’s
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`Motion for Pro Hac Vice Admission of Joel D. Sayres to be electronically served
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`by email on the following:
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`Jason D. Eisenberg, Reg. No. 43,447
`E-mail: jasone-PTAB@skgf.com
`Robert Greene Sterne, Reg. No. 28,912
`E-mail: rsterne-PTAB@skgf.com
`Jon E. Wright, Reg. No. 50,720
`E-mail: jwright-PTAB@skgf.com
`Nicholas J. Nowak
`E-mail: nnowak-PTAB@skgf.com
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W. Washington, D.C. 20005
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`FAEGRE BAKER DANIELS LLP
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` By: /Walter C. Linder /
` Walter C. Linder
` Reg. No. 31,707
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`Dated: January 26, 2016
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`Faegre Baker Daniels LLP
`90 South Seventh Street, Suite 2200
`Minneapolis, MN 55402-3901
`Telephone: (612) 766-7000
`Facsimile: (612) 766-1600
`walter.linder@faegrebd.com
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`US.103399456.06
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