UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PLAID TECHNOLOGIES INC.
`Petitioner
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`v.
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`YODLEE, INC.
`Patent Owner
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`Case IPR2016-00273
`Patent 6,317,783
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`PATENT OWNER’S
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PLAID TECHNOLOGIES INC.
`Petitioner
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`v.
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`YODLEE, INC.
`Patent Owner
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`Case IPR2016-00273
`Patent 6,317,783
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`PATENT OWNER’S
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`Case IPR2016-00273
`Attorney Docket No: 12233-0047IP1
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`EXHIBIT LIST
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`Exhibit No. Description
`2001
`ESPN Insider: Benefits, WayBackMachine, June 22, 2001
`Declaration of David Barkan in Support of Motion for Pro Hac
`2002
`Vice Admission
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`ii
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`Case IPR2016-00273
`Attorney Docket No: 12233-0047IP1
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`Pursuant to 37 C.F.R. § 42.10(c), the Patent Owner (“Yodlee, Inc”)
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`respectfully requests that the Board recognize David Barkan as counsel pro hac
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`vice in this proceeding. Patent Owner seeks the counsel of David Barkan due to
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`his many years of experience in representing Yodlee, Inc. in other patent-related
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`matters and particularly due to his familiarity with the substantive and technical
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`issues involved in this proceeding, which he gained in the course of litigating three
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`cases involving the patent-at-issue in federal district court. This motion is
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`authorized by the Notice of Filing Date Accorded to Petition and Time for Filing
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`Patent Owner Preliminary Response that was mailed on December 11, 2015.
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`Statement of Facts
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`Mr. Barkan is a patent litigation attorney with experience representing
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`clients in patent cases spanning a broad range of computer and network
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`technologies, including computer graphics, programming theory and language,
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`networking protocols and security, semiconductor processing, analog and digital
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`semiconductor devices, distributed systems, and storage devices. Mr. Barkan has
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`tried intellectual property cases before judges and juries in US district courts, in the
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`US International Trade Commission, and in arbitration proceedings. Through his
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`practice in such cases, Mr. Barkan has gained substantial experience in jury trials,
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`bench trials, discovery, Markman hearings, and appeals. Mr. Barkan began his
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`1
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`Case IPR2016-00273
`Attorney Docket No: 12233-0047IP1
`legal career considering patent cases as a clerk for the Honorable Judge Fern Smith
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`on the United States District Court for the Northern District of California from
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`1992 to 1993. Prior to that, Mr. Barkan wrote software for a small start-up firm in
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`Cambridge, Massachusetts. Additionally, Mr. Barkan served as Fish &
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`Richardson’s Nationwide Head of Litigation from 2001 through 2006. Patent
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`Owner Yodlee, Inc. submits as evidence Exhibit A, David M. Barkan’s biography.
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`David M. Barkan also has particular experience and familiarity with the
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`substantive and technical issues involved in this inter partes review proceeding.
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`Mr. Barkan has served as lead counsel for Yodlee, Inc. in a number of previous
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`matters, including three involving the patent-at-issue in this proceeding. The most
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`recent of these matters involving U.S. Patent No. 6,317,783, Yodlee, Inc. v. Plaid
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`Technologies Inc., USDC-District of Delaware - Case No 14-1445-LPS-CJB, is
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`still pending. Yodlee, Inc. has invested significant financial resources in each of
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`the related matters in which Mr. Barkan served as lead counsel. Moreover,
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`through his representation in these matters, Yodlee, Inc. has developed a cordial
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`and trusting relationship with Mr. Barkan and understandably wishes to continue to
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`work with Mr. Barkan for the purpose of this proceeding.
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`Case IPR2016-00273
`Attorney Docket No: 12233-0047IP1
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`1. Affidavit of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
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`of David Barkan as required by the Order Authorizing Motion for Pro Hac Vice
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`mailed December 11, 2015.
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`Accordingly, Patent Owner submits that there is good cause under 37 C.F.R.
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`§ 42.10(c) for the Board to recognize David Barkan as counsel Pro Hac Vice
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`during this proceeding.
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`Respectfully submitted,
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`/David M. Hoffman/
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` David M. Hoffman
`Reg. No. 54,174
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`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`T: (512) 226-8154
`F: (512) 320-8935
`Email: IPR12233-0047IP1@fr.com
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`Counsel for Patent Owner
`Yodlee, Inc.
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`Date: April 7, 2016
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`Case IPR2016-00273
`Attorney Docket No: 12233-0047IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4), the undersigned certifies that on April 7,
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`2016, a complete and entire copy of this Patent Owner’s Motion for Pro Hac Vice
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`Admission was provided via electronic service to the Petitioner, by serving the
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`correspondence address of record as follows:
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`Brian Buroker
`Omar Amin
`Gibson, Dunn & Crutcher LLP
`1050 Connecticut Avenue, N.W.
`Washington, D.C. 20036-5306
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`E-mail: bburoker@gibsondunn.com
` oamin@gibsondunn.com
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`/Jessica K. Detko/
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`Jessica K. Detko
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(612) 337-2516
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`4
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