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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SHVIAX CORPORATION,
`Petitioner
`
`V.
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`FOCAL IP, LLC,
`Patent Owner
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`Case IPR2016—01260
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`U.S. Patent No. 8,457,113
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`UNOPPOSED MOTION FOR PRO HAC VICE ADNIISSION
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`OF DAVID BRAFMAN UNDER 37 C.F.R. § 42.10(c)
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`{39924872;1}
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`
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`Case lPR20l6—0l260
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`U.S. Patent No. 8,457,113
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`Paper No. 11
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`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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`Time For Filing
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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 IPR20l3-
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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 hac vice.
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`l\/Ir. Brafman is an experienced litigation attorney, and has been involved in
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`numerous patent infringement litigations in District Courts across the country. His
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`experience includes Markman hearings and jury trials, including as lead counsel, in
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`patent infringement litigation matters.
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`l\/Ir. Brafman is lead counsel in the pending litigation between Patent Owner
`
`and Petitioner concerning the patent at issue in this proceeding.
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`l\/Ir. Brafman is
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`familiar with the subject matter at issue in this proceeding, including U.S. Patent
`
`{39924s72;1}
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`
`
`Case IPR2016—01260
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`U.S. Patent No. 8,457,113
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`Paper No. 11
`
`No. 8,457,113, the prosecution history of the patent, and the prior art relied upon in
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`the Petition. He has spent significant time over the past 15 months analyzing U.S.
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`Patent No. 8,457,113 and its prosecution history, as Well as the prior art in the
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`petition. He has been advising the Petitioner over the past 15 months concerning
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`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 l\/Ir. David Brafman as required by the Order Authorizing Motion for Pro Hac
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`Respectfully submitted,
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`By:
`/s/ Mark D. Passler
`
`Mark D. Passler
`
`Registration No. 40,764
`Lead Counsel for Petitioner
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`Vice.
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`{39924872;l}
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`
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`Case IPR2016—01260
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`U.S. Patent No. 8,457,113
`
`Paper No. 11
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`DECLARATION OF MR. DAVID BRAFMAN IN SUPPORT OF
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`MOTION FOR PRO HAC VICE ADMISSION
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`1, David Brafman, hereby declare the following:
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`1.
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`I am a member in good standing 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) U.S. 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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`{39924872;1}
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`
`
`Case IPR20l6—0l260
`
`U.S. Patent No. 8,457,113
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`Paper No. 11
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`4.
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`No sanction or contempt citation 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 Conduct set forth
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`in 37 C.F.R. §§ ll.l0l et seq. and disciplinary jurisdiction under 37 C.F.R. §
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`1 l . 1 9(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 proceeding in the last 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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`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.
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`9.
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`I am familiar with the subject matter at issue in this proceeding,
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`including U.S. Patent No. 8,457,113, the prosecution history of the patent, and the
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`prior art relied upon in the petition.
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`I have spent significant time over the past 15
`
`{39924s72;1}
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`
`
`Case IPR2016—01260
`
`U.S. Patent No. 8,457,113
`
`Paper No. 11
`
`months analyzing U.S. Patent No. 8,457,113 and its prosecution history, as Well as
`
`the prior art in the petition.
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`I have been advising the Petitioner over the past 15
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`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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`I declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct.
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`Executed On: November 3, 2016
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`a
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`X, K}
`avid Br
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`if E .
`an
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`Akerma LLP
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`777 S. Flagler Drive,
`Suite 1100 West Tower
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`West Palm Beach, Florida 33401
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`Telephone: (561) 653-5000
`Facsimile: (561) 659-6313
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`{39924872;1}
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`
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`Case IPR20l6—Ol260
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`U.S. Patent No. 8,457,113
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`Paper No. 11
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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 Brafinan 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 November 3, 2016:
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`(1) Brent N. Bumgardner (at brent@nelbum.com);
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`(2) John Murphy (at murphy@nelburn.com); and
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`(3) PAL—IPR@nelbum.com.
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`Dated: November 3, 2016
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`By:
`/s/ Mark D. Passler
`
`Mark D. Passler
`
`Registration No. 40,764
`Lead Counsel for Petitioner
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`{39924872;1}