`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YMAX CORPORATION,
`Petitioner
`
`Vv.
`
`FOCAL IP, LLC,
`Patent Owner
`
`Case IPR2016-01256
`USS. Patent No. 8,155,298
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`OF DAVID BRAFMAN UNDER37 C.E.R.§ 42.10(c)
`
`(39926355;1}
`
`
`
`Case IPR2016-01256
`U.S. Patent No. 8,155,298
`
`Paper No. 10
`
`The Petitioner respectfully requests that the Board recognize Mr. David
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`Brafman as counsel pro hac vice during this proceeding.
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`1.
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`TimeForFiling
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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 service of the petition, as required by the Order
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`Authorizing Motion for Pro Hac Vice entered October 15, 2013 in Case IPR2013-
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`000639.
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`2.
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`Statement of Facts
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`As required by the Order Authorizing Motion for Pro Hac Vice,
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`the
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`following statement of facts shows that there is good cause for the Board to
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`recognize Mr. Brafman pro hacvice.
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`Mr. Brafman is an experiencedlitigation attorney, and has been involved in
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`numerouspatent infringement litigations in District Courts across the country. His
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`experience includes Markmanhearingsandjury trials, including as lead counsel, in
`
`patent infringementlitigation matters.
`
`Mr. Brafman is lead counsel in the pendinglitigation between Patent Owner
`
`and Petitioner concerning the patent at issue in this proceeding. Mr. Brafman is
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`familiar with the subject matter at issue in this proceeding, including U.S. Patent
`
`{399263551}
`
`
`
`Case IPR2016-01256
`U.S. Patent No. 8,155,298
`
`Paper No. 10
`
`No. 8,155,298, the prosecution history of the patent, and thepriorart relied upon in
`
`the Petition. He has spent significant time over the past 15 months analyzing U.S.
`
`Patent No. 8,155,298 and its prosecution history, as well as the prior art in the
`
`petition. He has been advising the Petitioner over the past 15 months concerning
`
`those matters in connection with the petition and this proceeding.
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`Therefore, the Petitioner respectfully submits that there is good cause for the
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`Board to recognize Mr. Brafman as counsel pro hac vice during this proceeding.
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`3.
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`Affidavit or Declaration 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 Mr. David Brafman as required by the Order Authorizing Motion for Pro Hac
`
`Respectfully submitted,
`
`By:
`/s/ Mark D. Passler
`Mark D. Passler
`Registration No. 40,764
`Lead Counselfor Petitioner
`
`Vice.
`
`{39926355;1}
`
`
`
`Case IPR2016-01256
`U.S. Patent No. 8,155,298
`
`Paper No. 10
`
`DECLARATION OF MR. DAVID BRAFMANIN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`I, David Brafman, hereby declare the following:
`
`1.
`
`I am a memberin goodstanding of the Bars of the States of Florida,
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`New York, and New Jersey, as well as the following Federal Courts:
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`a) U.S. Court of Appeals for the Federal Circuit (1996);
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`b) U.S. Court of Appeals for the Eleventh Circuit (2013);
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`c) U.S. Court of Appeals for the Sixth Circuit (2015);
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`d) U.S. Court of Appeals for the Eighth Circuit (2014);
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`e) U.S. District Court for the Southern District of Florida (2012);
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`f) U.S. District Court for the Middle District of Florida (2012);
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`g) U.S. District Court for the Eastern District of New York (1995);
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`h) U.S. District Court for the Southern District of New York (1995);
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`i) U.S. District Court for the District of New Jersey (1994); and
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`j) US. District Court for the District of Colorado (1999).
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`2.
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`I have not been suspended or disbarred from practice before any
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`court 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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`439926355:1}
`
`
`
`Case IPR2016-01256
`U.S. Patent No. 8,155,298
`
`Paper No. 10
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`4.
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`No sanction or contemptcitation 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 the
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`C.F.R.;
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`6.
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`I will be subject to the USPTO Rules of Professional Conductset forth
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`in 37 C.F.R. §§ 11.101 et seg. 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 not applied to appear pro hac vice before the Office in any
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`other proceedingin thelast three (3) years;
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`8.
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`I am an experienced litigation attorney, and have been involved in
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`numerouspatent infringementlitigations in District Courts across the country. My
`
`experience includes Markman hearings andjury trials, including as lead counsel, in
`
`patent infringementlitigation matters.
`
`I am also lead counsel
`
`in the pending
`
`litigation between Patent Owner and Petitioner concerning the patent at issue in
`
`this proceeding.
`
`9.
`
`I am familiar with the subject matter at issue in this proceeding,
`
`including U.S. Patent No. 8,155,298, the prosecution history of the patent, and the
`
`prior art relied upon in the petition.
`
`I have spent significant time overthe past 15
`
`{39926355;1}
`
`
`
`Case IPR2016-01256
`USS. Patent No. 8,155,298
`
`Paper No. 10
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`months analyzing U.S. Patent No. 8,155,298 and its prosecution history, as well as
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`the prior art in the petition.
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`I have been advising the Petitioner over the past 15
`
`months concerning those matters in connection with the petition and this
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`proceeding.
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`10.
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`J declare under penalty of perjury under the laws of the United States
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`of America that the foregoingis true and correct.
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`Executed On: November3, 2016
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`
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`777 S. Flagler Drive,
`Suite 1100 West Tower
`West Palm Beach,Florida 33401
`Telephone: (561) 653-5000
`Facsimile: (561) 659-6313
`
`{39926355:1}
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`
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`Case IPR2016-01256
`U.S. Patent No. 8,155,298
`
`Paper No. 10
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of this Motion for Pro Hac Vice
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`Admission and a copy of the Declaration of Mr. David Brafman in Support of the
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`Motion for Pro Hac Vice Admission was served by electronic mail addressed to the
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`Patent Owner's counsel of record in this IPR on November3, 2016:
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`(1) Brent N. Bumgardner(at brent@nelbum.com);
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`(2) John Murphy (at murphy@nelbum.com); and
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`(3) PAL-IPR@nelbum.com.
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`Dated: November3, 2016
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`By:
`/s/ Mark D. Passler
`Mark D. Passler
`Registration No. 40,764
`Lead Counsel for Petitioner
`
`{39926355;1}
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`