`By:
`Justin B. Kimble (JKimble-IPR@bcpc-law.com)
`
`Jeffrey R. Bragalone (jbragalone@bcpc-law.com)
`
`Daniel F. Olejko (dolejko@bcpc-law.com)
`Nicholas C. Kliewer (nkliewer@bcpc-law.com)
`Bragalone Conroy PC
`2200 Ross Ave.
`Suite 4500 West
`Dallas, TX 75201
`Tel: 214.785.6670
`Fax: 214.786.6680
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`GLOBAL TEL*LINK CORPORATION,
`Petitioner,
`v.
`SECURUS TECHNOLOGIES, INC.,
`Patent Owner.
`
`
`Case IPR2016-01362
`U.S. Patent No. 9,083,850
`
`
`
`PRO HAC VICE MOTION TO ADMIT ATTORNEY
`DANIEL F. OLEJKO PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`Case IPR2016-01362
`Patent 9,083,850
`
`
`
`Patent Owner Securus Technologies, Inc. (“Securus”) hereby files this
`
`motion pursuant to 37 C.F.R. § 42.10(c) for Daniel F. Olejko to appear pro hac
`
`vice on its behalf before the Patent Trial and Appeal Board in IPR2016-001362.
`
`This Motion follows the guidelines set forth in IPR2013-00639, Paper 7, entered
`
`October 15, 2013.
`
`I. Factual Background
`
`Securus has already designated a registered practitioner, Justin B. Kimble (Reg.
`
`No. 58,591) as lead counsel, and Securus intends to designate Mr. Olejko as one of
`
`its back-up counsel in the event this motion is granted. The following statement of
`
`facts shows that there is good cause for the Board to recognize Mr. Olejko pro hac
`
`vice during this proceeding.
`
`Mr. Olejko is a patent litigator with over nine years’ experience, including
`
`significant experience in the area of patent validity and invalidity. In the many
`
`patent litigations in which he has been counsel, he has worked extensively on
`
`issues relating to 35 U.S.C. §§ 101, 102, 103, and 112, including by reviewing and
`
`analyzing numerous prosecution histories and prior art references, developing
`
`arguments for contentions and briefing for motions to dismiss, summary judgment
`
`motions, post-trial motions, and appeals, working closely with experts on their
`
`reports, conducting discovery and expert depositions, and preparing arguments for
`
`1
`
`
`
`Case IPR2016-01362
`Patent 9,083,850
`
`trial. Mr. Olejko has also spent significant time learning the procedure of inter
`
`partes review proceedings.
`
`Mr. Olejko currently represents Securus in a number of pending appeals before
`
`the U.S. Court of Appeals for the Federal Circuit, which are all appeals from final
`
`written decisions in inter partes review proceedings before the Board. See, e.g.,
`
`Securus Techs., Inc. v. Global Tel*Link Corp., Nos. 2016-1992, -1993 (Fed. Cir.
`
`docketed May 4, 2016) (appealing from IPR2014-01278 and IPR2014-01282,
`
`involving U.S. Patent No. 7,860,222); Global Tel*Link Corp. v. Securus Techs.,
`
`Inc., No. 16-2573 (Fed. Cir. docketed May 26, 2016) (appealing from IPR2015-
`
`00156, involving U.S. Patent No. 7,551,732); Securus Techs., Inc. v. Global
`
`Tel*Link Corp., No. 16-2573 (Fed. Cir. docketed Aug. 29, 2016) (appealing from
`
`IPR2015-00155, involving U.S. Patent No. 7,853,243). As counsel for Securus,
`
`Mr. Olejko has become very familiar with patents that cover technology that is
`
`similar to the technology at issue in this proceeding (e.g., prison telephone
`
`systems). Further, Mr. Olejko spent significant time assisting in the development
`
`of arguments in support of the responses in this matter, as well as considerable
`
`time preparing and reviewing the Patent Owner’s Preliminary Response and Patent
`
`Owner’s Response itself.
`
`2
`
`
`
`Case IPR2016-01362
`Patent 9,083,850
`
`Given Mr. Olejko’s familiarity with the underlying technology, patent at issue,
`
`and prior art, Securus asks that the Board grant this Motion to afford Securus the
`
`benefit of having an additional attorney authorized on this matter.
`
`II. Attestation of Facts by Mr. Olejko
`
`Mr. Olejko has submitted a declaration herewith attesting to the following facts:
`
` Mr. Olejko is a member in good standing of the Pennsylvania State
`
`Bar.
`
` Mr. Olejko has never been subject to any suspensions or disbarments
`
`from practice before any court or administrative body.
`
` None of Mr. Olejko’s applications for admission to practice before
`
`any court or administrative body has ever been denied.
`
` Mr. Olejko has never been sanctioned nor had contempt citations
`
`imposed by any court or administrative body.
`
` Mr. Olejko has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules of Practice for Trials set forth in
`
`37 C.F.R. pt. 42.
`
` Mr. Olejko will be subject to the USPTO Rules of Professional
`
`Conduct set forth in 37 C.F.R. § 11.101, et seq., and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a).
`
`3
`
`
`
`Case IPR2016-01362
`Patent 9,083,850
`
` This is Mr. Olejko’s third application to appear pro hac vice in a
`
`proceeding before the Board. The applications in IPR2016-01123 and
`
`IPR2016-01220 were granted.
`
` Mr. Olejko has familiarity with the subject matter at issue in this
`
`proceeding as set forth in Section I above.
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
` Dated: May 12, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy PC
`2200 Ross Avenue, Suite 4500W
`Dallas, TX 75201
`Phone: (214) 785-6670
`Email: JKimble-IPR@bcpc-law.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Case IPR2016-01362
`Patent 9,083,850
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that document was served via electronic mail
`
`on May 12, 2017, to Petitioner via counsel, Lori A. Gordon, Steven M. Pappas,
`
`Michael B. Ray, and Michael D. Specht at the email addresses: lgordon-
`
`ptab@skgf.com,
`
`spappas@skgf.com, mspecht-PTAB@skgf.com, mray-
`
`PTAB@skgf.com, and PTAB@skgf.com, pursuant to Petitioner’s consent in its
`
`Updated Mandatory Notices at page 2.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy PC
`2200 Ross Avenue, Suite 4500W
`Dallas, TX 75201
`Phone: (214) 785-6670
`Email: JKimble-IPR@bcpc-law.com
`
`5
`
`