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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`HYDRITE CHEMICAL CO.,
`Petitioner,
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`v.
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`SOLENIS TECHNOLOGIES, L.P.,
`Patent Owner.
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`Case IPR2015-01592
`Patent 8,962,059
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`
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`HYDRITE CHEMICAL CO.’S MOTION FOR PRO HAC VICE ADMISSION
`OF CHRISTOPHER J. FAHY UNDER 37 C.F.R. § 42.10
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`Filed via PRPS
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`Dear Board:
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`Hydrite Chemical Co. (“Petitioner”), respectfully requests that the Patent
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`Trial and Appeal Board (“Board”) recognize Christopher J. Fahy, Esq. as counsel
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`pro hac vice during this proceeding.1
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`1 A corresponding Motion for Pro Hac Vice Admission is being concurrently filed
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`in co-pending Inter Partes Review Case No. IPR2015-01586.
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`1
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`I. BACKGROUND
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`Petitioner’s Motion for Pro Hac Vice Admission is being filed pursuant to
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`and in compliance with the Notice of Filing Date Accorded to Petition and Time
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`For Filing Patent Owner Preliminary Response (Paper No. 3) (“Notice”). The
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`Notice authorizes the parties to file motions for pro hac vice admission under 37
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`C.F.R. § 42.10(c). Further to the Notice, such motions shall be filed in accordance
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`with the “Order -- Authorizing Motion for Pro Hac Vice Admission” in Case
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`IPR2013-00639 (“Order”).
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`II. TIME OF FILING
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`This Motion for Pro Hac Vice Admission is being filed no sooner than
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`twenty-one (21) days after the service of the Petition for Inter Partes Review of
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`U.S. Patent No. 8,962,059 on July 14, 2015 (“Petition”), as required by the Order.
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`III. STATEMENT OF FACTS
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`As required by the Order, the following statement of facts shows that there is
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`good cause for the Board to recognize Mr. Fahy pro hac vice.
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`Mr. Fahy is an experienced intellectual property litigation attorney, and has
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`been involved in numerous complex litigations in federal courts. His experience
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`includes representing a wide range of clients in complex intellectual property
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`litigation.
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`2
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`Mr. Fahy has worked extensively with lead and back-up counsel in
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`preparing the Petition. As such, he has reviewed and is familiar with (i) U.S.
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`Patent No. 8,962,059, the patent at issue in this matter, (ii) the prior art relied upon
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`in the Petition, (iii) the legal and factual arguments made in the Petition, and (iv)
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`all prior rulings and decisions by the Board in this matter. Accordingly, he has
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`established familiarity with the subject matter at issue in this proceeding and the
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`conduct of the proceeding to date.
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`Lastly, this Motion for Pro Hac Vice Admission is accompanied by a
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`Declaration of Mr. Christopher J. Fahy as required by the Order.
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`In light of the foregoing, Petitioner respectfully submits there is good cause
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`for the Board to recognize Mr. Fahy as counsel pro hac vice during this
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`proceeding.
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`Date: February 10, 2016
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`Respectfully submitted,
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`/Joel A. Austin/
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`Joel A. Austin
`Reg. No. 59,712
`Attorney for Petitioner
`Joel.Austin@Quarles.com
`QUARLES & BRADY, LLP
`411 East Wisconsin Avenue
`Milwaukee, WI 53202-4497
`Tel: (414) 277-5617
`Fax: (414) 978-8819
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`3
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`HYDRITE CHEMICAL CO.,
`Petitioner,
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`v.
`
`SOLENIS TECHNOLOGIES, L.P.,
`Patent Owner.
`
`
`
`Case IPR2015-01592
`Patent 8,962,059
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`DECLARATION OF CHRISTOPHER J. FAHY IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
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`Filed via PRPS
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`I, Christopher J. Fahy, being duly sworn and upon oath, hereby attest to the
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`following:
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`1.
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`I am a member in good standing of the Bar of the State of Illinois, as
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`well as the State of Wisconsin, U.S. District Courts for the Northern District of
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`Illinois, Eastern and Western Districts of Wisconsin, Eastern District of Michigan,
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`and the U.S. Court of Appeals for the Federal and Seventh Circuits.
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`1
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`2.
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`I have not been suspended or disbarred from practice before any court
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`or administrative body.
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`3.
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`I have never had an application for admission to practice before any
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`court or administrative body denied.
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`4.
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`No sanction or contempt citation has been imposed against me by any
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`court or administrative body.
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`5.
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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 C.F.R.
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`6.
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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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`7.
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`I have applied and appeared pro hac vice before the Office in
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`IPR2013-00285 and IPR2013-00287. I have applied to appear pro hac vice before
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`the Office in IPR2014-00187 and IPR2014-00190, in which adverse judgments
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`were entered prior to a decision on my admissions. I have applied to appear pro
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`hac vice before the Office in Appeal No. 2016-002780 (Inter Partes
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`Reexamination Control No. 95/002,006) in which my admission is pending. I have
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`not applied to appear pro hac vice before the Office in any other proceeding in the
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`last three (3) years.
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`2
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`8.
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`I am an experienced intellectual property litigation attorney, litigating
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`in federal courts around the country. My experience includes representing a wide
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`range of clients in intellectual property litigation.
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`9.
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`I have worked extensively with lead and back-up counsel in preparing
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`the Petition for Inter Partes Review of U.S. Patent No. 8,962,059 (“Petition”). As
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`such, I have reviewed and am familiar with (i) U.S. Patent No. 8,962,059, the
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`patent at issue in this matter, (ii) the prior art relied upon in the Petition, (iii) the
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`legal and factual arguments made in the Petition, and (iv) all prior rulings and
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`decisions by the Board in this matter.
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`10.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements are made with knowledge that
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`willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
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`Dated: February 10, 2016
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`/ Christopher J. Fahy/
`Christopher J. Fahy
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`3
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`HYDRITE CHEMICAL CO.,
`Petitioner,
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`v.
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`SOLENIS TECHNOLOGIES, L.P.,
`Patent Owner.
`
`
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`Case IPR2015-01592
`Patent 8,962,059
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`CERTIFICATE OF SERVICE
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`Filed via PRPS
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`Dear Board:
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`I hereby certify on this 10th day of February 2016, that a true and correct
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`copy of HYDRITE CHEMICAL CO.’S MOTION FOR PRO HAC VICE ADMISSION OF
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`CHRISTOPHER J. FAHY UNDER 37 C.F.R. § 42.10 was electronically mailed in its
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`entirety to:
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`IPR2015-01592@bakerlaw.com
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`jlucci@bakerlaw.com
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`dfarsiou@bakerlaw.com
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`By:
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`Respectfully submitted,
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`/Joel A. Austin/
`Joel A. Austin
`Reg. No. 59,712
`Back-up Counsel for Petitioner
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`Date: February 10, 2016
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`QB\470037.00067\38495712.1