Case IPR2016-01254
`Patent 8,457,113
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`Paper No. 20
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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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`CISCO SYSTEMS, INC.,
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`PETITIONER
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`V.
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`FOCAL IP, LLC,
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`PATENT OWNER
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`CASE IPR2016-01254
`PATENT NUMBER: 8,457,113
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`PATENT OWNER FOCAL IP, LLC’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF HANNA F. MADBAK UNDER
`37 C.F.R. § 42.10(C)
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`Patent 8,457,113
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`Paper No. 20
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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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`CISCO SYSTEMS, INC.,
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`PETITIONER
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`V.
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`FOCAL IP, LLC,
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`PATENT OWNER
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`________________
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`CASE IPR2016-01254
`PATENT NUMBER: 8,457,113
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`PATENT OWNER FOCAL IP, LLC’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF HANNA F. MADBAK UNDER
`37 C.F.R. § 42.10(C)
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`Case IPR2016-01254
`Patent 8,457,113
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`I.
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`RELIEF REQUESTED
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`Paper No. 20
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`In the Notice of Filing Date Accorded to Petition (“Notice”) mailed July 1,
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`2016, the Board authorized the parties to file motions for pro hac vice admission
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`under 37 C.F.R. § 42.10(c). The Notice requires that such motions be filed in
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`accordance with the “Order – Authorizing Motion for Pro Hac Vice Admission” in
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`Case IPR2013-00639, Paper No. 7 (“Order”).
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`Patent Owner respectfully requests that the Board recognize Hanna Madbak
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`as counsel pro hac vice during this proceeding.
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`II. NO OPPOSITION TO THIS MOTION
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`Patent Owner has conferred with Petitioner with regard to this Motion, and
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`Petitioner has confirmed that they will not oppose this Motion.
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`III. GOVERNING LAWS, RULES, AND PRECEDENT
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`The Board may recognize counsel pro hac vice during a proceeding on a
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`showing of good cause. “[W]here lead counsel is a registered practitioner, a
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`motion to appear pro hac vice may be granted upon a showing that counsel is an
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`experienced litigation attorney and has an established familiarity with the subject
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`matter at issue in the proceeding.” 37 C.F.R. § 42.10(c).
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`IV. STATEMENT OF FACTS
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`Based on the following statement of facts, and supported by the Declaration
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`of Hanna Madbak submitted herewith as Exhibit 2008, Patent Owner submits that
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`Case IPR2016-01254
`Patent 8,457,113
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`a showing of good cause has been made and respectfully requests the pro hac vice
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`Paper No. 20
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`admission of Hanna Madbak in this proceeding:
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`1. Patent Owner’s lead counsel, Brent Bumgardner, is a registered
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`practitioner (Reg. No. 48,476).
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`2. Mr. Madbak is an experienced litigating attorney and has been litigating
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`patent cases for over fourteen years. (Ex. 2008, ¶¶ 2-3).
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`3. Mr. Madbak is a member in good standing of the New York State Bar.
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`(Ex. 2008, ¶ 4).
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`4. Mr. Madbak has never been suspended or disbarred from practice before
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`any court or administrative body, nor has he ever been the subject of any ethical
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`grievance procedure or investigation. (Ex. 2008, ¶ 5).
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`5. No application filed by Mr. Madbak for admission to practice before any
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`court or administrative body has ever been denied. (Ex. 2008, ¶ 6).
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`6. No sanctions or contempt citations have been imposed against Mr.
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`Madbak by any court or administrative body. (Ex. 2008, ¶ 7).
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`7. Mr. Madbak has read and agrees to comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of
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`Title 37 of the C.F.R. (Ex. 2008, ¶ 8).
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`8. Mr. Madbak understands that he will be subject to the USPTO Rules of
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`Professional Conduct as set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a). (Ex. 2008, ¶ 9).
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`9. Mr. Madbak has an established familiarity with the subject matter at issue
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`in this proceeding. He assisted in drafting the Preliminary Response to the Petition
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`for Inter Partes Review filed in this matter. Mr. Madbak has substantively
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`reviewed all materials filed in this proceeding, including the Petition and all
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`accompanying exhibits, and the Preliminary Response and all accompanying
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`exhibits. (Ex. 2008, ¶ 10).
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`V. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`MR. MADBAK IN THIS PROCEEDING
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`The Board may recognize counsel pro hac vice during a proceeding upon a
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`showing of good cause, subject to the condition that lead counsel be a registered
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`practitioner and any other conditions as the Board may impose. 37 C.F.R. §
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`42.10(c). Patent Owner’s lead counsel, Brent Bumgardner, is a registered
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`practitioner. Based on the facts contained herein, as supported by Mr. Madbak’s
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`declaration (Ex. 2008), good cause exists to admit Mr. Madbak pro hac vice as
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`backup counsel in this proceeding.
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`Patent Owner has a substantial need for Mr. Madbak’s pro hac vice
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`admission and his involvement in depositions and other issues arising from this
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`proceeding. Admission of Mr. Madbak will also ease the burden on Patent
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`Paper No. 20
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`Owner’s lead counsel in this proceeding.
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`VIII. CONCLUSION.
`For the foregoing reasons as well as the reasons contained in the attached
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`declaration, Patent Owner respectfully requests admission of Hanna Madbak as
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`counsel pro hac vice as backup counsel in this proceeding.
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`Respectfully submitted,
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`/s/ Brent N. Bumgardner
`Brent N. Bumgardner
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`Registration No. 48,476
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`Telephone: (817) 377-3490
`Email: brent@nelbum.com
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`Dated: February 16, 2017
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`Case IPR2016-01254
`Patent 8,457,113
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`Paper No. 20
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of PATENT OWNER’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF HANNA F.
`MADBAK UNDER 37 C.F.R. § 42.10(C) and Exhibit 2008 were served in
`their entirety via electronic mail, upon the following lead and backup counsels of
`record for Petitioner:
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`Wayne O. Stacy (wayne.stacey@bakerbotts.com)
`Sarah Guske (sarah.guske@bakerbotts.com)
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`Date of Service: February 16, 2017
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`Signature: /s/ Brent N. Bumgardner
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` Brent N. Bumgardner, Reg. No. 48,476
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