`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`UMICORE AG & CO. KG
`
`Petitioner
`
`v.
`
`BASF CORPORATION
`
`Patent Owner
`
`Case IPR2015-01125
`Patent 7,601,662
`__________________________________________________________________
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF K. PATRICK HERMAN PURSUANT TO 37 C.F.R. § 42.10(c)
`__________________________________________________________________
`
`
`
`I.
`
`RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(c) and the Notice of Filing Date (Paper 4),
`
`Petitioner Umicore AG & Co. KG (“Umicore” or “Petitioner”) respectfully
`
`requests the pro hac vice admission of K. Patrick Herman as additional back-up
`
`counsel in this proceeding. Patent Owner has indicated that it does not oppose this
`
`motion.
`
`II.
`
`TIMING OF FILING
`
`In accordance with the “Order – Authorizing Motion for Pro Hac Vice
`
`Admission” entered in Case No. IPR2013-00639 (“Pro Hac Vice Order”), this
`
`motion is being filed more than twenty-one days after service of Umicore’s
`
`Petition for Inter Partes Review in this proceeding.
`
`III.
`
`STATEMENT OF FACTS
`
`The following statement of facts shows good cause for the Board to
`
`recognize Mr. Herman pro hac vice in the current proceeding:
`
`A.
`
`B.
`
`Patent Owner has indicated that it does not oppose this motion.
`
`Umicore’s lead counsel, Elizabeth A. Gardner, is a registered USPTO
`
`practitioner (Reg. No. 36,519).
`
`C. Mr. Herman is an attorney at the law firm of Orrick, Herrington, &
`
`Sutcliffe LLP.
`
`D. Mr. Herman has been litigating patent cases for over 11 years.
`
`-1-
`
`
`
`E. Mr. Herman is admitted to practice law in the state of New York, the
`
`United States District Court for the Eastern District of Michigan, and
`
`the United States Court of Appeals for the Federal Circuit.
`
`F. Mr. Herman has an established familiarity with the subject matter at
`
`issue in the proceeding. Mr. Herman has actively counseled and
`
`represented Umicore in connection with the patent and prior art
`
`addressed in the Petition, and extensively assisted the undersigned in
`
`preparation of the Petition and the arguments contained therein.
`
`G.
`
`Pursuant to the Pro Hac Vice Order, Mr. Herman has submitted a
`
`declaration as Exhibit 1116.
`
`IV. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`MR. HERMAN IN THIS PROCEEDING
`
`As counsel for Umicore, Mr. Herman has been actively involved in all
`
`aspects of the analysis and preparations performed on behalf of Umicore leading
`
`up to the filing of the Petition. Mr. Herman has extensive knowledge of the patent
`
`at issue, the prior art discussed in the Petition, and Umicore’s arguments and
`
`positions regarding the same. In view of Mr. Herman’s knowledge of the subject
`
`matter at issue, Umicore has a substantial need for the pro hac vice admission and
`
`continued involvement of Mr. Herman in this proceeding. Further, Patent Owner
`
`does not oppose this motion. Based on the facts contained herein and in Mr.
`
`Herman’s declaration (Ex. 1116), good cause exists for the admission of Mr.
`-2-
`
`
`
`Herman pro hac vice as additional back-up counsel in this proceeding.
`
`Date: 1/14/2016
`
`/ Elizabeth Gardner /
`Elizabeth Gardner (Reg. No. 36,519)
`Orrick, Herrington, & Sutcliffe LLP
`51 West 52nd Street
`New York, NY 10019
`Tel: 212-506-5000
`Fax. 212-506-5151
`Email: egardner@orrick.com
`
`-3-
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby confirms that the foregoing MOTION FOR PRO
`
`HAC VICE ADMISSION OF K. PATRICK HERMAN PURSUANT TO 37
`
`C.F.R. § 42.10(c) was served on January 14, 2016 via e-mail upon the following
`
`counsel of record for Patent Owner:
`
`Brian E. Ferguson (brian.ferguson@weil.com)
`Anish R. Desai (anish.desai@weil.com)
`Weil, Gotshal & Manges LLP
`1300 Eye Street, NW Suite 900
`Washington, DC 20005
`
`/ Elizabeth Gardner /
`Elizabeth Gardner (Reg. No. 36,519)
`Orrick, Herrington, & Sutcliffe LLP
`51 West 52nd Street
`New York, NY 10019
`Tel: 212-506-5000
`Fax. 212-506-5151
`Email: egardner@orrick.com
`
`-4-
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