`______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
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`MICROSOFT CORPORATION,
`Petitioner
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`v.
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`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`______________
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`Case IPR2015-01432
`Patent 7,139,794
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`MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL N. ZACHARY
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner respectfully requests the pro
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`hac vice admission of Michael N. Zachary as backup counsel for Patent Owner in
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`the current proceedings. A declaration made by Mr. Zachary in support of this
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`motion is attached hereto as Exhibit A.
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`1.
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`Statement of Facts
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`1. Mr. Zachary is a litigation attorney experienced in patent cases,
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`and is admitted to practice law in California, Oregon, and Washington State,
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`as well as the following Federal Courts:
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`U.S. District Court for the Central District of California;
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`U.S. District Court for the Eastern District of California;
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`U.S. District Court for the Northern District of California;
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`U.S. District Court for the Southern District of California;
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`U.S. District Court for the District of Colorado;
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`U.S. District Court for the District of Oregon;
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`U.S. District Court for the Eastern District of Texas;
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`U.S. District Court for the Eastern District of Washington;
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`U.S. District Court for the Western District of Washington.
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`2. Mr. Zachary has not had any application denied for admission
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`to practice, nor has he been sanctioned, cited for contempt, suspended or
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`disbarred from practice, before any court or administrative body.
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`3. Mr. Zachary has an established familiarity with the subject
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`matter at issue in this proceeding, having represented Patent Owner in a
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`Delaware District court proceeding against Petitioner involving the same
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`technology (Bradium Techs. LLC v. Microsoft Corp., 1:15-cv-00031-RGA).
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`4. Mr. Zachary has read and will comply with the Office Patent
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`Trial Practice Guide and the Board's Rules of Practice for Trials set forth in
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`part 42 of the C.F.R.
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`2.
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`Conclusions
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`For the reasons stated above, Patent Owner respectfully submits that there is
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`good cause for the Board to recognize Michael N. Zachary pro hac vice during the
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`/s/ Chris J. Coulson
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
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`
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`proceeding.
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`Dated: August 4, 2015
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing “MOTION FOR PRO
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`HAC VICE ADMISSION OF MICHAEL N. ZACHARY” was served via
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`electronic mail on August 4, 2015, on the Petitioner at the correspondence address
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`of the Petitioner as follows:
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`Bing Ai
`Matthew Bernstein
`Vinay Sathe
`Patrick McKeever
`PerkinsServiceBradiumIPR@perkinscoie.com
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`/s/ Chris J. Coulson
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
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`EXHIBIT A
`EXHIBIT A
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`I, MICHAEL N. ZACHARY, declare as follows:
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`1. I am a partner at the law firm of Kenyon & Kenyon LLP, with offices located at
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`One Broadway, New York, NY 10004, and 1801 Page Mill Road, Suite 201, Palo
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`Alto, CA 94304. My office location is in Palo Alto, though for purposes of this
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`proceeding I may be reached through our New York address. Kenyon and Kenyon
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`has been retained by Patent Owner Bradium Technologies LLC in this inter partes
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`review.
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`2. I make this affidavit in support of the Patent Owner’s application for my
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`admission pro hac vice.
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`3. I am a member in good standing of the Bar in California, Oregon, and
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`Washington State. I am also duly admitted and authorized to practice law
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`before the U.S. District Court for the Central District of California, U.S.
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`District Court for the Eastern District of California, U.S. District Court for
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`the Northern District of California, U.S. District Court for the Southern
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`District of California, U.S. District Court for the District of Colorado, U.S.
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`District Court for the District of Oregon, U.S. District Court for the Eastern
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`District of Texas, U.S. District Court for the Eastern District of Washington,
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`and U.S. District Court for the Western District of Washington.
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`4. I have not had any application denied for admission to practice, nor have I
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`been sanctioned, cited for contempt, suspended or disbarred from practice,
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`before any court or administrative body.
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`5. If admitted pro hac vice in this matter, I will serve as counsel with Michelle
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`Carniaux, also of the law firm Kenyon & Kenyon. Ms. Carniaux is lead
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`counsel on this case and is registered to practice in this Court.
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`6. I understand that, upon admission pro hac vice, I will be subject to the
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`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
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`seq. and to disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`7. I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board's Rules of Practice for Trials set forth in part 42 of the C.F.R.
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`8. I hereby agree to notify the Court immediately of any matter affecting my
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`standing at the bar of any other Court.
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`9. I have appeared pro hac vice in the matter Prism Pharma Co., Ltd., v.
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`Choongwae Pharma Corp., IPR 2014-00315. I have not applied to appear
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`pro hac vice in any other matters before the Office in the last three years.
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`10. I have an established familiarity with the subject matter at issue in this
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`proceeding, having represented Patent Owner in a Delaware District court
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`proceeding against Petitioner involving the same technology (Bradium
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`Techs. LLC v. Microsoft Corp., 1:15-cv-00031-RGA).
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`11. I hereby respectfully request that the Court grant Patent Owner Bradium
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`Technologies LLC’s application to permit me to appear and participate pro
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`hac vice in this case.
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`12. I understand that willful false statements and the like are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. 1001, and may jeopardize the
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`validity of the application or any patent issuing thereon. I declare under
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`penalty of perjury that the foregoing is true and correct.
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`Executed on: August 3, 2015
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` /s/ Michael N. Zachary
` MICHAEL N. ZACHARY
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