UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`JDS UNIPHASE CORPORATION
`Petitioner
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`
`
`Case IPR2015-00739
`Patent No. RE 42,678
`
`__________________
`
`Filed and Served: January 26, 2015
`
`
`
`
`
`
`
`
` Before JOSIAH C. COCKS, KALYAN K. DESHPANDE, and JAMES A.
`TARTAL, Administrative Patent Judges.
`
`
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`OF JOEL D. SAYRES
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`JDS UNIPHASE CORPORATION
`Petitioner
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`
`
`Case IPR2015-00739
`Patent No. RE 42,678
`
`__________________
`
`Filed and Served: January 26, 2015
`
`
`
`
`
`
`
`
` Before JOSIAH C. COCKS, KALYAN K. DESHPANDE, and JAMES A.
`TARTAL, Administrative Patent Judges.
`
`
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`OF JOEL D. SAYRES
`
`
`
`
`
`
`
`
`IPR2015-00739
`Petitioner’s Motion for Pro Hac Vice Admission
`I.
`
`Statement of Precise Relief Requested
`
`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 4 authorizing the parties
`
`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
`
`“Board”) admit Joel D. Sayres pro hac vice in this proceeding, IPR2015-00739.
`
`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
`
`counsel pro hac vice during a proceeding upon a showing of good cause, subject
`
`to the condition that lead counsel be a registered practitioner and to any other
`
`conditions the Board may impose. Section 42.10(c) indicates that “where the
`
`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 showing that
`
`counsel is an experienced litigating attorney and has an established familiarity
`
`with the subject matter at issue in the proceeding.” The facts set forth below,
`
`supported by the Declaration of Joel D. Sayres (Exhibit 1049 ), establish good
`
`cause for the Board to recognize Mr. Sayres pro hac vice in this proceeding.
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`
`
`1
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`
`
`IPR2015-00739
`Petitioner’s Motion for Pro Hac Vice Admission
`
`1.
`
`Petitioner’s lead counsel, Walter C. Linder, is a registered
`
`practitioner.
`
`2.
`
`Joel D. Sayres is a partner at the law firm of Faegre Baker Daniels
`
`LLP, in Denver, Colorado. (Ex. 1049, ¶ 1.)
`
`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. 1049, ¶ 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. 1049, ¶ 11.) Mr. Sayres has reviewed in detail the
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`patent challenged in this proceeding, U.S. Patent No. RE42,678 (“the ‘678
`
`Patent”), as well as the exhibits to the Petition, including the file history of the
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`‘678 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.)
`
`
`
`2
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`
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`IPR2015-00739
`Petitioner’s Motion for Pro Hac Vice Admission
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`5. Mr. Sayres has also invested a 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. 1049, ¶ 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. 1049, ¶¶ 1-12).
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`III.
`
`Conclusion
`
`For the foregoing reasons, Petitioner respectfully requests that the Board
`
`admit Joel D. Sayres pro hac vice in this proceeding.
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`Respectfully submitted,
`
`
`
`
`
` /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
`
`Dated: January 26, 2016
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`3
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`
`
`IPR2015-00739
`Petitioner’s Motion for Pro Hac Vice Admission
`
`CERTIFICATE OF SERVICE
`
`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
`
`by email on the following:
`
`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
`
`
`
`FAEGRE BAKER DANIELS LLP
`
`
`/Walter C. Linder/
`
`By:
` Walter C. Linder
` Reg. No. 31,707
` Customer No. 25764
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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
`
`
`
`
`4
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