UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UMICORE AG & CO. KG,
`Petitioners,
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`v.
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`BASF CORPORATION,
`Patent Owner.
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`Case No. IPR2015-01124
`Patent No.8,404,203
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`MOTION FOR PRO HAC VICE ADMISSION UNDER
`37 C.F.R. § 42.10
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`UMICORE AG & CO. KG,
`Petitioners,
`
`v.
`
`BASF CORPORATION,
`Patent Owner.
`
`
`
`Case No. IPR2015-01124
`Patent No.8,404,203
`
`
`MOTION FOR PRO HAC VICE ADMISSION UNDER
`37 C.F.R. § 42.10
`
`
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`IPR2015-01124
`U.S. Patent No. 8,404,203
`Patent Owner’s Motion for PHV Admission
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`Patent Owner BASF Corporation (“Patent Owner”) files this motion for pro
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`hac vice admission under 37 C.F.R. § 42.10(c), as authorized in the Notice of
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`Filing Date Accorded, Paper No. 3. The Board requires that such motions be filed
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`in accordance with the “Order – Authorizing Motion for Pro Hac Vice Admission”
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`in Case IPR2013-00639, Paper 7 (“Order”).
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`Patent Owner respectfully requests that the Board recognize Mr. Gary A.
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`Coad as counsel pro hac vice during this proceeding.
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`1.
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`Time for Filing
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`This motion for pro hac vice admission is filed no sooner than twenty-one
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`(21) days after service of the petition, as required by the Order.
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`2.
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`Statement of Facts
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`The following statement of fact shows that there is good cause for the Board
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`to recognize Mr. Coad pro hac vice.
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`Mr. Coad is an experienced litigation attorney, and has been involved in
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`numerous litigations involving patent infringement in District Courts across the
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`country. Mr. Coad’s biography is attached hereto as Ex. BASF-2016.
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`Further, counsel for Petitioner does not oppose Mr. Coad appearing pro hac
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`vice during this proceeding.
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`Therefore, Patent Owner respectfully submits that there is good cause for the
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`Board to recognize Mr. Coad as counsel pro hac vice during this proceeding.
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`IPR2015-01124
`U.S. Patent No. 8,404,203
`Patent Owner’s Motion for PHV Admission
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`3.
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`Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by the declaration
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`of Mr. Gary A. Coad, as required by authorization of the Board.
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`Dated: January 11, 2016
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`Respectfully submitted,
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`/ Brian E. Ferguson / e
`Brian E. Ferguson (Reg. 36,801)
`Anish R. Desai (Reg. 73,760)
`Counsel for Patent Owner
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW
`Suite 900
`Washington, DC 20005
`Phone: 202-682-7000
`Fax: 202-857-0940
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`IPR2015-01124
`U.S. Patent No. 8,404,203
`Patent Owner’s Motion for PHV Admission
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`DECLARATION OF MR. GARY A. COAD IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
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`I, Gary A. Coad, am over eighteen years of age and would be competent
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`to testify as to the matters set forth herein if called upon to do so.
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`1.
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`I am an attorney in the law firm of Weil, Gotshal & Manges LLP. I
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`have over 3 years of experience as a patent litigator and have represented clients
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`in numerous patent litigation cases in various United States District Courts, the
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`International Trade Commission, and the Patent Trial and Appeal Board.
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`2. My educational and professional backgrounds make me familiar
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`with the subject matter at hand. See Exhibit 2016. I am comfortable and
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`experienced with technically and legally complex matters such as will be present
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`in this proceeding.
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`3.
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`I am a member in good standing of the state bar of Virginia and the
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`bar of the District of Columbia, as well as the United States District Court for the
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`Eastern District of Virginia.
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`4.
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`I have not been suspended or disbarred from practice before any
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`court or administrative body.
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`5.
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`I have never had an application for admission to practice before
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`any court or administrative body denied.
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`6.
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`No sanction or contempt citation has been imposed against me by
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`any court or administrative body.
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`IPR2015-01124
`U.S. Patent No. 8,404,203
`Patent Owner’s Motion for PHV Admission
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`7.
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`I have not applied to appear pro hac vice in any proceedings before
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`the USPTO in the last three years.
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`8.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37
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`C.F.R.
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`9.
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`I will be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a).
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`I declare under penalty of perjury that the foregoing Declaration is true and
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`/ Gary A. Coad /
`Gary A. Coad
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7146
`Fax: 202-857-0940
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`Counsel for Patent Owner
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`correct.
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`Date: January 11, 2016
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`IPR2015-01124
`U.S. Patent No. 8,404,203
`Patent Owner’s Motion for PHV Admission
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of MOTION FOR PRO HAC
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`VICE ADMISSION UNDER 37 C.F.R. § 42.10, a copy of the Declaration of
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`Gary A. Coad in Support of Motion for Pro Hac Vice Admission and Exhibit 2016
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`was served via email on the date below, upon the following:
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`Elizabeth Gardner
`Richard L. DeLucia
`K. Patrick Herman
`Orrick, Herrington & Sutcliffe LLP
`51 West 52nd Street
`New York, NY 10019-6142
`egardner@orrick.com
`rdelucia@orrick.com
`pherman@orrick.com
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`Dated: January 11, 2016
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`/ Timothy J. Andersen /
`Timothy J. Andersen
`Paralegal
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW
`Suite 900
`Washington, DC 20005
`Phone: 202-682-7075
`timothy.andersen@weil.com
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