UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`
`
`
`
`MICROSOFT CORPORATION,
`Petitioner
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`______________
`
`Case IPR2015-01435
`Patent 8,924,506 B2
`
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL N. ZACHARY
`
`
`
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`
`
`
`
`MICROSOFT CORPORATION,
`Petitioner
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`______________
`
`Case IPR2015-01435
`Patent 8,924,506 B2
`
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL N. ZACHARY
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner respectfully requests the pro
`
`hac vice admission of Michael N. Zachary as backup counsel for Patent Owner in
`
`the current proceedings. A declaration made by Mr. Zachary in support of this
`
`motion is attached hereto as Exhibit A.
`
`1.
`
`Statement of Facts
`
`1. Mr. Zachary is a litigation attorney experienced in patent cases,
`
`and is admitted to practice law in California, Oregon, and Washington State,
`
`as well as the following Federal Courts:
`
`U.S. District Court for the Central District of California;
`
`U.S. District Court for the Eastern District of California;
`
`U.S. District Court for the Northern District of California;
`
`U.S. District Court for the Southern District of California;
`
`U.S. District Court for the District of Colorado;
`
`U.S. District Court for the District of Oregon;
`
`U.S. District Court for the Eastern District of Texas;
`
`U.S. District Court for the Eastern District of Washington;
`
`U.S. District Court for the Western District of Washington.
`
`2. Mr. Zachary has not had any application denied for admission
`
`to practice, nor has he been sanctioned, cited for contempt, suspended or
`
`disbarred from practice, before any court or administrative body.
`
`-2-
`
`
`
`3. Mr. Zachary has an established familiarity with the subject
`
`matter at issue in this proceeding, having represented Patent Owner in a
`
`Delaware District court proceeding against Petitioner involving the same
`
`technology (Bradium Techs. LLC v. Microsoft Corp., 1:15-cv-00031-RGA).
`
`4. Mr. Zachary has read and will comply with the Office Patent
`
`Trial Practice Guide and the Board's Rules of Practice for Trials set forth in
`
`part 42 of the C.F.R.
`
`2.
`
`Conclusions
`
`For the reasons stated above, Patent Owner respectfully submits that there is
`
`good cause for the Board to recognize Michael N. Zachary pro hac vice during the
`
`
`
`/s/ Chris J. Coulson
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`
`
`
`proceeding.
`
`
`
`
`Dated: August 4, 2015
`
`
`
`
`
`-3-
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing “MOTION FOR PRO
`
`HAC VICE ADMISSION OF MICHAEL N. ZACHARY” was served via
`
`electronic mail on August 4, 2015, on the Petitioner at the correspondence address
`
`of the Petitioner as follows:
`
`Bing Ai
`Matthew Bernstein
`Vinay Sathe
`Patrick McKeever
`PerkinsServiceBradiumIPR@perkinscoie.com
`
`
`
`
`
`
`
`/s/ Chris J. Coulson
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`
`-4-
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`
`
`-5-
`
`
`
`I, MICHAEL N. ZACHARY, declare as follows:
`
`1. I am a partner at the law firm of Kenyon & Kenyon LLP, with offices located at
`
`One Broadway, New York, NY 10004, and 1801 Page Mill Road, Suite 201, Palo
`
`Alto, CA 94304. My office location is in Palo Alto, though for purposes of this
`
`proceeding I may be reached through our New York address. Kenyon and Kenyon
`
`has been retained by Patent Owner Bradium Technologies LLC in this inter partes
`
`review.
`
`2. I make this affidavit in support of the Patent Owner’s application for my
`
`admission pro hac vice.
`
`3. I am a member in good standing of the Bar in California, Oregon, and
`
`Washington State. I am also duly admitted and authorized to practice law
`
`before the U.S. District Court for the Central District of California, U.S.
`
`District Court for the Eastern District of California, U.S. District Court for
`
`the Northern District of California, U.S. District Court for the Southern
`
`District of California, U.S. District Court for the District of Colorado, U.S.
`
`District Court for the District of Oregon, U.S. District Court for the Eastern
`
`District of Texas, U.S. District Court for the Eastern District of Washington,
`
`and U.S. District Court for the Western District of Washington.
`
`-6-
`
`
`
`4. I have not had any application denied for admission to practice, nor have I
`
`been sanctioned, cited for contempt, suspended or disbarred from practice,
`
`before any court or administrative body.
`
`5. If admitted pro hac vice in this matter, I will serve as counsel with Michelle
`
`Carniaux, also of the law firm Kenyon & Kenyon. Ms. Carniaux is lead
`
`counsel on this case and is registered to practice in this Court.
`
`6. I understand that, upon admission pro hac vice, I will be subject to the
`
`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
`
`seq. and to disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`7. I have read and will comply with the Office Patent Trial Practice Guide and
`
`the Board's Rules of Practice for Trials set forth in part 42 of the C.F.R.
`
`8. I hereby agree to notify the Court immediately of any matter affecting my
`
`standing at the bar of any other Court.
`
`9. I have appeared pro hac vice in the matter Prism Pharma Co., Ltd., v.
`
`Choongwae Pharma Corp., IPR 2014-00315. I have not applied to appear
`
`pro hac vice in any other matters before the Office in the last three years.
`
`10. I have an established familiarity with the subject matter at issue in this
`
`proceeding, having represented Patent Owner in a Delaware District court
`
`proceeding against Petitioner involving the same technology (Bradium
`
`Techs. LLC v. Microsoft Corp., 1:15-cv-00031-RGA).
`
`-7-
`
`
`
`11. I hereby respectfully request that the Court grant Patent Owner Bradium
`
`Technologies LLC’s application to permit me to appear and participate pro
`
`hac vice in this case.
`
`12. I understand that willful false statements and the like are punishable by fine
`
`or imprisonment, or both, under 18 U.S.C. 1001, and may jeopardize the
`
`validity of the application or any patent issuing thereon. I declare under
`
`penalty of perjury that the foregoing is true and correct.
`
`
`
`Executed on: August 3, 2015
`
`
`
`
`
`
`
`
`
` /s/ Michael N. Zachary
` MICHAEL N. ZACHARY
`
`
`
`
`
`
`
`-8-
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