UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`
`
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL N. ZACHARY
`
`
`
`MICROSOFT CORPORATION,
`Petitioner
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`______________
`
`Case IPR2016-00448
`U.S. Patent No. 7,908,343 B2
`
`
`
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`
`
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL N. ZACHARY
`
`
`
`MICROSOFT CORPORATION,
`Petitioner
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`______________
`
`Case IPR2016-00448
`U.S. Patent No. 7,908,343 B2
`
`
`
`
`
`
`
`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
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`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 inter
`
`partes review proceedings (Microsoft Corp. v. Bradium Techs. LLC, Cases
`
`IPR2015-01432, IPR2015-01434 and IPR2015-01435) and 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
`
`
`
`/Michelle Carniaux /
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`
`
`
`-3-
`
`proceeding.
`
`
`
`
`Dated: February 1, 2016
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing “MOTION FOR PRO
`
`HAC VICE ADMISSION OF MICHAEL N. ZACHARY” was served via
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`electronic mail on February 1, 2016, on the Petitioner at the correspondence
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`address of the Petitioner as follows:
`
`Bing Ai
`Matthew Bernstein
`Vinay Sathe
`Patrick McKeever
`PerkinsServiceBradiumIPR@perkinscoie.com
`
`/Michelle Carniaux /
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`
`
`
`
`
`
`
`-4-
`
`
`
`EXHIBIT A
`
`EXHIBIT A
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`
`
`
`
`
`-5-
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`
`
`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, which has been retained
`
`by Patent Owner Bradium Technologies LLC in this inter partes review.
`
`My office is located at 1801 Page Mill Road, Suite 210, Palo Alto, CA
`
`94304, but for convenience, for purposes of this IPR petition I can receive
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`notices and be contacted through our New York office set forth above.
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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
`
`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
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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).
`
`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.
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`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 matters Microsoft Corp. v. Bradium
`
`Techs. LLC, IPR2015-01432; Microsoft Corp. v. Bradium Techs. LLC,
`
`IPR2015-01434; Microsoft Corp. v. Bradium Techs. LLC, IPR2015-01435,
`
`and Prism Pharma Co., Ltd., v. Choongwae Pharma Corp., IPR2014-00315.
`
`I have not applied to appear pro hac vice in any other matters before the
`
`Office in the last three years.
`
`-7-
`
`
`
`10. I have an established familiarity with the subject matter at issue in this
`
`proceeding, having represented Patent Owner against petitioner in the above
`
`inter partes review proceedings and a Delaware District court proceeding
`
`against Petitioner involving the same technology (Bradium Techs. LLC v.
`
`Microsoft Corp., 1:15-cv-00031-RGA).
`
`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.
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`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
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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.
`
` /Michael N. Zachary/
` MICHAEL N. ZACHARY
`
`
`
`Executed on: February 1, 2016
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`-8-
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