UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YMAX CORPORATION,
`
`Petitioner
`
`V.
`
`FOCAL IP, LLC,
`Patent Owner
`
`Case IPR2016—01258
`
`U.S. Patent No. 7,764,777
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`
`OF DAVID BRAFMAN UNDER 37 C.F.R. § 42.10(c)
`
`{39926281;1}
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YMAX CORPORATION,
`
`Petitioner
`
`V.
`
`FOCAL IP, LLC,
`Patent Owner
`
`Case IPR2016—01258
`
`U.S. Patent No. 7,764,777
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`
`OF DAVID BRAFMAN UNDER 37 C.F.R. § 42.10(c)
`
`{39926281;1}
`
`
`
`Case IPR20l6—0l258
`
`U.S. Patent No. 7,764,777
`
`Paper No. 10
`
`The Petitioner respectfully requests that the Board recognize Mr. David
`
`Brafman as counsel pro hac vice during this proceeding.
`
`1.
`
`Time For Filing
`
`This Motion for Pro Hac Vice Admission is being filed no sooner than
`
`twenty one (21) days after service of the petition, as required by the Order
`
`Authorizing Motion for Pro Hac Vice entered October 15, 2013 in Case IPR20l3—
`
`000639.
`
`2.
`
`Statement of Facts
`
`As required by the Order Authorizing Motion for Pro Hac Vice,
`
`the
`
`following statement of facts shows that there is good cause for the Board to
`
`recognize Mr. Brafman pro hac vice.
`
`Mr. Brafman is an experienced litigation attorney, and has been involved in
`
`numerous patent infringement litigations in District Courts across the country. His
`
`experience includes Markmcm hearings and jury trials, including as lead counsel, in
`
`patent infringement litigation matters.
`
`Mr. Brafman is lead counsel in the pending litigation between Patent Owner
`
`and Petitioner concerning the patent at issue in this proceeding. Mr. Brafman is
`
`familiar with the subject matter at issue in this proceeding, including U.S. Patent
`
`{39926281;1}
`
`
`
`Case IPR20l6—0l258
`
`U.S. Patent No. 7,764,777
`
`Paper No. 10
`
`No. 7,764,777, the prosecution history of the patent, and the prior art relied upon in
`
`the Petition. He has spent significant time over the past 15 months analyzing U.S.
`
`Patent No. 7,764,777 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.
`
`Therefore, the Petitioner respectfully submits that there is good cause for the
`
`Board to recognize Mr. Brafman as counsel pro hac vice during this proceeding.
`
`3.
`
`Affidavit or Declaration of Individual Seeking to Appear
`
`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
`
`of Mr. David Brafman as required by the Order Authorizing Motion for Pro Hac
`
`Vice.
`
`Respectfully submitted,
`
`By:
`/s/ Mark D. Passler
`
`Mark D. Passler
`
`Registration No. 40,764
`Lead Counsel for Petitioner
`
`{3992628l;l}
`
`
`
`Case IPR2016—01258
`
`U.S. Patent No. 7,764,777
`
`Paper No. 10
`
`DECLARATION OF MR. DAVID BRAFMAN IN SUPPORT OF
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`I, David Brafman, hereby declare the following:
`
`1.
`
`I am a member in good standing of the Bars of the States of Florida,
`
`New York, and New Jersey, as well as the following Federal Courts:
`
`a) U.S. Court of Appeals for the Federal Circuit (1996);
`
`b) U.S. Court of Appeals for the Eleventh Circuit (2013);
`
`c) U.S. Court of Appeals for the Sixth Circuit (2015);
`
`d) U.S. Court of Appeals for the Eighth Circuit (2014);
`
`e) U.S. District Court for the Southern District of Florida (2012);
`
`1) U.S. District Court for the Middle District of Florida (2012);
`
`g) U.S. District Court for the Eastern District of New York (1995);
`
`h) U.S. District Court for the Southern District of New York (1995);
`
`i) U.S. District Court for the District of New Jersey (1994); and
`
`j) U.S. District Court for the District of Colorado (1999).
`
`2.
`
`I have not been suspended or disbarred from practice before any
`
`court or administrative body;
`
`3.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied;
`
`{39926281;1}
`
`
`
`Case IPR20l6—Ol258
`
`U.S. Patent No. 7,764,777
`
`Paper No. 10
`
`4.
`
`No sanction or contempt citation has been imposed against me by any
`
`court or administrative body;
`
`5.
`
`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.;
`
`6.
`
`I will be subject to the USPTO Rules of Professional Conduct set forth
`
`in 37 C.F.R. §§ ll.l0l et seq. and disciplinary jurisdiction under 37 C.F.R. §
`
`1 l . l 9(a);
`
`7.
`
`I have not applied to appear pro hac vice before the Office in any
`
`other proceeding in the last three (3) years;
`
`8.
`
`I am an experienced litigation attorney, and have been involved in
`
`numerous patent infringement litigations in District Courts across the country. My
`
`experience includes Markman hearings and jury trials, including as lead counsel, in
`
`patent infringement litigation 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. 7,764,777, the prosecution history of the patent, and the
`
`prior art relied upon in the petition.
`
`I have spent significant time over the past 15
`
`{39926Z8l;l}
`
`
`
`Case lPR2016—01258
`
`U.S. Patent No. 7,764,777
`
`Paper No. 10
`
`months analyzing U.S. Patent No. 7,764,777 and its prosecution history, as well as
`
`the prior art in the petition.
`
`I have been advising the Petitioner over the past 15
`
`months concerning those matters in connection with the petition and this
`
`proceeding.
`
`10.
`
`1 declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing is true and correct.
`
`Executed On: November 3, 2016
`
`
`
`Akerman LLP
`
`777 S. Flagler Drive,
`Suite 1100 West Tower
`
`West Palm Beach, Florida 33401
`Telephone: (561) 653-5000
`Facsimile: (561) 659-6313
`
`{39926281;1}
`
`
`
`Case lPR20l6—0l258
`
`U.S. Patent No. 7,764,777
`
`Paper No. 10
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of this Motion for Pro Hac Vice
`
`Admission and a copy of the Declaration of Mr. David Brafrnan in Support of the
`
`Motion for Pro Hac Vice Admission was served by electronic mail addressed to the
`
`Patent Owner's counsel of record in this IPR on November 3, 2016:
`
`(1) Brent N. Bumgardner (at brent@nelbum.com);
`
`(2) John Murphy (at murphy@nelbum.com); and
`
`(3) PAL—IPR@nelbum.com.
`
`Dated: November 3, 2016
`
`By:
`/s/ Mark D. Passler
`
`Mark D. Passler
`
`Registration No. 40,764
`Lead Counsel for Petitioner
`
`{39926281;1}
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
