`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YMAX CORPORATION,
`Petitioner
`
`Vv.
`
`FOCAL IP, LLC,
`Patent Owner
`
`Case IPR2016-01260
`US. Patent No. 8,457,113
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`OF DAVID BRAFMAN UNDER37 C.F.R. § 42.10(c)
`
`{39924872:1}
`
`
`
`Case IPR2016-01260
`U.S. Patent No. 8,457,113
`
`PaperNo. 11
`
`The Petitioner respectfully requests that the Board recognize Mr. David
`
`Brafman as counsel pro hac vice during this proceeding.
`
`1.
`
`Time ForFiling
`
`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 IPR2013-
`
`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 experiencedlitigation attorney, and has been involved in
`
`numerouspatent infringementlitigations in District Courts across the country. His
`
`experience includes Markmanhearings andjury trials, including as lead counsel, in
`
`patent infringement litigation 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
`
`familiar with the subject matter at issue in this proceeding, including U.S. Patent
`
`(39924872: 1}
`
`
`
`Case IPR2016-01260
`US. Patent No. 8,457,113
`
`Paper No. 11
`
`No. 8,457,113, the prosecution history ofthe 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. 8,457,113 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 forthe
`
`Board to recognize Mr. Brafman as counsel pro hac vice during this proceeding.
`
`3.
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`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
`
`Respectfully submitted,
`
`By:
`/s/ Mark D. Passler
`Mark D. Passler
`Registration No. 40,764
`Lead Counsel for Petitioner
`
`Vice.
`
`(39924872:1}
`
`
`
`Case [PR2016-01260
`U.S. Patent No. 8,457,113
`
`Paper No. 11
`
`DECLARATION OF MR. DAVID BRAFMANIN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`1, David Brafman, hereby declare the following:
`
`1.
`
`I am a memberin 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);
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`c) U.S. Court of Appeals for the Sixth Circuit (2015);
`
`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) US. 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).
`
`2.
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`I have not been suspended or disbarred from practice before any
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`court or administrative body;
`
`3.
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`I have never had an application for admission to practice before any
`
`court or administrative body denied;
`
`(39924872:1}
`
`
`
`Case IPR2016-01260
`U.S. Patent No. 8,457,113
`
`Paper No. 11
`
`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.;
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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. §§ 11.101 et seg. and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a);
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`7.
`
`I have not applied to appear pro hac vice before the Office in any
`
`other proceedingin the last three (3) years;
`
`8.
`
`I am an experiencedlitigation attorney, and have been involved in
`
`numerouspatent infringementlitigations in District Courts across the country. My
`
`experience includes Markmanhearings 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. 8,457,113, the prosecution history of the patent, and the
`
`prior art relied upon in the petition.
`
`I have spent significant time over the past 15
`
`(39924872:1}
`
`
`
`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.
`
`I have been advising the Petitioner over the past 15
`
`months concerning those matters in connection with the petition and this
`
`proceeding.
`
`10.
`
`I declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing is true and correct.
`
`Executed On: November3, 2016
`
`
`
`~
`
`La A
`i“ 4 4
`avid Braffhan
`Akermafi LLP
`777 S. Flagler Drive,
`Suite 1100 West Tower
`West Palm Beach, Florida 33401
`Telephone: (561) 653-5000
`Facsimile: (561) 659-6313
`
`(39924872:1}
`
`
`
`Case IPR2016-01260
`U.S. Patent No. 8,457,113
`
`Paper No. 11
`
`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 Brafman in Support of the
`
`Motion for Pro Hac Vice Admission wasserved by electronic mail addressed to the
`
`Patent Owner's counsel of record in this IPR on November3, 2016:
`
`(1) Brent N. Bumgardner(at brent@nelbum.com);
`
`(2) John Murphy (at murphy@nelbum.com); and
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`(3) PAL-IPR@nelbum.com.
`
`Dated: November3, 2016
`
`By:
`/s/ Mark D. Passler
`Mark D. Passler
`Registration No. 40,764
`Lead Counsel for Petitioner
`
`(39924872:1}
`
`