UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION,
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`Petitioner,
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`v.
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`BRADIUM TECHNOLOGIES LLC,
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`Patent Owner.
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`PTAB Case No. IPR2016-00448
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`Patent No. 7,908,343 B2
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`PETITIONER'S MOTION FOR PRO HAC VICE ADMISSION
`OF EVAN S. DAY UNDER 37 C.F.R. § 42.10(c)
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION,
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`Petitioner,
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`v.
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`BRADIUM TECHNOLOGIES LLC,
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`Patent Owner.
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`PTAB Case No. IPR2016-00448
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`Patent No. 7,908,343 B2
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`PETITIONER'S MOTION FOR PRO HAC VICE ADMISSION
`OF EVAN S. DAY UNDER 37 C.F.R. § 42.10(c)
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`PTAB Case No. IPR2016-00448
`Petitioner's Motion for Pro Hac Vice Admission
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`Petitioner Microsoft Corporation (“Petitioner”) respectfully requests that the
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`Board admit Evan S. Day as back-up counsel pro hac vice in this proceeding.
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`Mr. Day is litigation counsel for Petitioner in the district court litigation
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`involving U.S. Patent No. 7,908,343, and three other related patents U.S. Patent
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`Nos. 7,139,794, 8,924,506, and 9,253,239, and has substantial knowledge in the
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`substantive issues of the invalidity of the challenged claims of the ‘343 Patent in
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`this proceeding. In addition, Mr. Day has experience in IPR and CBM proceedings
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`before the Board and is familiar with the rules and procedures for IPR and CBM
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`proceedings. Therefore, Mr. Day meets the requirements of “an experienced
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`litigating attorney and has an established familiarity with the subject matter at issue
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`in the proceeding” under 37 C.F.R. §42.10(c).
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`1. Time For Filing
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`This Motion for Pro Hac Vice Admission has been authorized by the Notice
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`of Filing Date Accorded to Petition and Time for Filing Patent Owner Preliminary
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`Response that was mailed on January 27, 2016 (Paper 3). This Motion is filed no
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`sooner than twenty one (21) days after service of the petition.
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`1
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`PTAB Case No. IPR2016-00448
`Petitioner's Motion for Pro Hac Vice Admission
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`Statement of Facts
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`In this proceeding, lead counsel for Petitioner is Bing Ai, a registered
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`2.
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`practitioner. The following statement of facts show that there is good cause for the
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`Board to admit Mr. Day pro hac vice.
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`Mr. Day is a patent litigation attorney with more than 4 years of experience
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`representing clients in cases involving computer hardware and software, Internet
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`and e-commerce, hand held computers and other mobile devices, optics, displays,
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`user interfaces, mapping services, audio applications, image processing, and digital
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`graphics. (Affidavit of Evan S. Day (“Day Affidavit”), ¶ 8 in Exhibit 1013.)
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`Mr. Day regularly litigates patent cases in various forums including various
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`federal district courts, and the International Trade Commission (Id.) He has
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`experience representing clients in many phases of litigation including discovery,
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`Markman hearings, and trial. (Id.) Mr. Day ’s biography is attached to the Day
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`Affidavit (Exhibit 1013) as Appendix A.
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`U.S. Patent No. 7,908,343, and three other related patents, U.S. Patent Nos.
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`7,139,794, 8,924,506, and 9,253,239, are currently asserted against Petitioner in a
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`co-pending litigation, Bradium Techs. LLC v. Microsoft Corp., 1:15-cv-00031-
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`RGA, filed in the U.S. District Court for the District of Delaware on January 9,
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`2015 (“the co-pending litigation”). That litigation led to the inter partes review
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`proceeding under PTAB Case No. IPR2016-00448. (Id. at ¶ 9.)
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`2
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`PTAB Case No. IPR2016-00448
`Petitioner's Motion for Pro Hac Vice Admission
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`Mr. Day is counsel for Petitioner in the co-pending litigation and, as such,
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`oversees and handles all phases of the litigation from discovery through trial. (Id.
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`at ¶ 10.) Mr. Day is familiar with the technologies and issued claims in Patent No.
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`7,908,343, prior art references and invalidity grounds based on the prior art. (Id.)
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`In addition, Mr. Day has handled multiple IPR proceedings before the Board
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`and is familiar with the rules and procedures for IPR and CBM proceedings in
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`general. Notably, Mr. Day has significant knowledge on the specific issues raised
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`in this IPR proceeding.
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`Petitioner has invested significant financial resources in the related matter in
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`which Mr. Day serves as counsel. Petitioner therefore respectfully submits that
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`there is good cause for the Board to recognize Mr. Day as counsel pro hac vice
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`during this proceeding.
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`3. Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by an Affidavit of
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`Mr. Day (Exhibit 1013), which attests to the requirements for pro hac vice
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`admission set forth in the PTAB decision in the IPR proceeding of Unified Patent
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`v. Parallel Iron, IPR2013-00639, Paper 7, dated Oct. 15, 2013.
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`3
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`4. Conclusion
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`PTAB Case No. IPR2016-00448
`Petitioner's Motion for Pro Hac Vice Admission
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`Accordingly, Petitioner submits that there is good cause under 37 C.F.R.
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`§ 42.10(c) for the Board to admit Evan S. Day as counsel pro hac vice and to
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`authorize Mr. Day to represent Petitioner as back-up counsel in this proceeding.
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`Respectfully submitted,
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`/Bing Ai/
`Lead Counsel
`Bing Ai, Reg. No. 43,312
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`Back-up Counsel
`Matthew Bernstein, Pro Hac Vice
`Vinay Sathe, Reg. No. 55,595
`Patrick J. McKeever, Reg. No. 66,019
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`Attorneys for Microsoft Corporation
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`4
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`Dated: December 20, 2016
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`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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`PTAB Case No. IPR2016-00448
`Petitioner's Motion for Pro Hac Vice Admission
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true copy of the foregoing
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`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION UNDER 37
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`C.F.R. § 42.10(c) and Exhibit 1013 were served in their entirety this 20th day of
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`December 2016 by electronic mail on the Patent Owner via its attorneys of record:
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`Chris Coulson (ccoulson@kenyon.com)
`Michael Zachary (mzachary@kenyon.com)
`Clifford Ulrich (culrich@kenyon.com)
`Bradiumiprservice@kenyon.com
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004
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`Dated: December 20, 2016
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`Respectfully submitted,
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`/Bing Ai/
`Lead Counsel
`Bing Ai, Reg. No. 43,312
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`Back-up Counsel
`Matthew Bernstein, Pro Hac Vice
`Vinay Sathe, Reg. No. 55,595
`Patrick J. McKeever, Reg. No. 66,019
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`Attorneys for Microsoft Corporation
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`1
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`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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