Case IPR2016-01258
`Patent 7,764,777
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`Paper No. 40
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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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`YMAX CORPORATION,
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`Petitioner
`v.
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`FOCAL IP, LLC,
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`Patent Owner
`________________
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`Case IPR2016-01258
`Patent Number: 7,764,777
`_______________
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`PATENT OWNER FOCAL IP, LLC’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF THOMAS C. CECIL UNDER
`37 C.F.R. § 42.10(C)
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`Patent 7,764,777
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`Paper No. 40
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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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`YMAX CORPORATION,
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`Petitioner
`v.
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`FOCAL IP, LLC,
`
`Patent Owner
`________________
`
`Case IPR2016-01258
`Patent Number: 7,764,777
`_______________
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`PATENT OWNER FOCAL IP, LLC’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF THOMAS C. CECIL UNDER
`37 C.F.R. § 42.10(C)
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`Case IPR2016-01258
`Patent 7,764,777
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`I.
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`RELIEF REQUESTED
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`Paper No. 40
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`In the Notice of Filing Date Accorded to Petition (“Notice”) mailed July 5,
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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 Thomas C.
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`Cecil 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 Thomas C. Cecil submitted herewith as Exhibit 2072, Patent Owner submits that
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`Patent 7,764,777
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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. 40
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`admission of Thomas C. Cecil in this proceeding:
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`1. Patent Owner’s lead counsel, Brent N. Bumgardner, is a registered
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`practitioner (Reg. No. 48,476).
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`2. Mr. Cecil is an experienced litigating attorney and has been litigating
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`patent cases for over seven years. (Ex. 2072, ¶¶ 2-3).
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`3. Mr. Cecil is a member in good standing of the Texas State Bar. (Ex.
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`2072, ¶ 4).
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`4. Mr. Cecil has never been suspended or disbarred from practice before any
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`court or administrative body, nor has he ever been the subject of any ethical
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`grievance procedure or investigation. (Ex. 2072, ¶ 5).
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`5. No application filed by Mr. Cecil for admission to practice before any
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`court or administrative body has ever been denied. (Ex. 2072, ¶ 6).
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`6. No sanctions or contempt citations have been imposed against Mr. Cecil
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`by any court or administrative body. (Ex. 2072, ¶ 7).
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`7. Mr. Cecil 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. 2072, ¶ 8).
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`8. Mr. Cecil 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. 2072, ¶ 9).
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`9. Mr. Cecil has appeared before the Board pro hac vice in the last three
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`years in IPR2016-01522 and IPR2017-01017. (Ex. 2072, ¶ 10).
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`10. Mr. Cecil has an established familiarity with the subject matter at issue
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`in this proceeding. Mr. Cecil has substantively reviewed all materials filed in this
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`proceeding, including the Petition and all accompanying exhibits, and the
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`Preliminary Response and all accompanying exhibits. (Ex. 2072, ¶ 11).
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`V. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`MR. CECIL 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 N. Bumgardner, is a registered
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`practitioner. Based on the facts contained herein, as supported by Mr. Cecil’s
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`declaration (Ex. 2072), good cause exists to admit Mr. Cecil 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. Cecil’s pro hac vice admission
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`and his involvement in depositions and other issues arising from this proceeding.
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`Admission of Mr. Cecil will also ease the burden on Patent Owner’s lead counsel
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`Paper No. 40
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`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 Thomas C. Cecil as
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`counsel pro hac vice as backup counsel in this proceeding.
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`Dated: August 10, 2017
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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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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of PATENT OWNER’S
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`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF THOMAS C.
`CECIL UNDER 37 C.F.R. § 42.10(C) and Exhibit 2072 were served in
`their entirety via electronic mail, upon the following lead and backup counsels of
`record for Petitioner:
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`Joseph J. Richetti
`Alexander Walden
`BRYAN CAVE LLP
`1290 Avenue of the Americas
`New York, NY 10104
`General Tel: (212) 541-2000
`Direct Tel: (212) 541-4630
`Email: joe.richetti@bryancave.com
`Email: alexander.walden@bryancave.com
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`Email: PTAB-NY@bryancave.com
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`Mark D. Passler
`David Brafman
`AKERMAN LLP
`777 South Flagler Drive
`Suite 1100 West Tower
`West Palm Beach, FL 33401
`Tel: (561) 653-5000
`Fax: (561) 659-6313
`Mark.passler@akerman.com
`David.brafman@akerman.com
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`Date of Service: August 10, 2017
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`Signature: /s/ Brent N. Bumgardner
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`Paper No. 40
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` Brent N. Bumgardner, Reg. No. 48,476
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