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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`JOHNSON MATTHEY INC., and JOHNSON MATTHEY PLC,
`Petitioners,
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`v.
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`BASF CORPORATION,
`Patent Owner.
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`Case No. IPR2015-01266
`Patent No.9,039,982
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`MOTION FOR PRO HAC VICE ADMISSION UNDER
`37 C.F.R. § 42.10
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`IPR2015-01266
`U.S. Patent No. 9,039,982
`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. 4. 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. Derek C.
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`Walter 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. Walter pro hac vice.
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`Mr. Walter 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. Walter has experience in jury and bench trials, and inter partes
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`review proceedings. Mr. Walter’s biography is attached hereto as Ex. BASF-2013.
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`Further, counsel for Petitioner does not oppose Mr. Walter appearing pro
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`hac vice during this proceeding.
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`IPR2015-01266
`U.S. Patent No. 9,039,982
`Patent Owner’s Motion for PHV Admission
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`Therefore, Patent Owner respectfully submits that there is good cause for the
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`Board to recognize Mr. Walter as counsel pro hac vice during this proceeding.
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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. Derek C. Walter, as required by authorization of the Board.
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`Dated: December 10, 2015
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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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`IPR2015-01266
`U.S. Patent No. 9,039,982
`Patent Owner’s Motion for PHV Admission
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`DECLARATION OF MR. DEREK C. WALTER IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
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`I, Derek C. Walter, am over eighteen years of age and would be
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`competent 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 8 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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`Court of Appeals for the Federal Circuit, and the Patent Trial and Appeal Board.
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`I also served as a law clerk to the Honorable Joseph J. Farnan Jr. in the United
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`States District Court for the District of Delaware.
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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 2013. 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 California, as
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`well as the U.S. Court of Appeals for the Federal Circuit.
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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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`IPR2015-01266
`U.S. Patent No. 9,039,982
`Patent Owner’s Motion for PHV Admission
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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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`7.
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`During the past 3 years I have applied to appear pro hac vice before
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`the Office in the following proceedings: IPR2013-00517, 2014-01093, IPR2015-
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`01156, IPR2015-01157, IPR2015-01158, IPR2015-01162, IPR2015-01163,
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`IPR2015-01558, and IPR2015-01560.
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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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`/ Derek C. Walter /
`Derek C. Walter
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Phone: 650-802-3934
`Fax: 650-802-3100
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`Counsel for Patent Owner
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`correct.
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`Date: December 10, 2015
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`IPR2015-01266
`U.S. Patent No. 9,039,982
`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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`Derek C. Walter in Support of Motion for Pro Hac Vice Admission and Exhibit
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`2013 was served via email on the date below, upon the following:
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`Dorothy P. Whelan
`Gwilym J. Attwell
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`IPR38411-0006IP1@fr.com
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`Dated: December 10, 2015
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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