UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ALPHATEC HOLDINGS, INC. AND ALPHATEC SPINE, INC.
`Petitioner,
`
`v.
`
`NUVASIVE, INC.,
`Patent Owner
`
`
`
`Case No. IPR2019-00362
`U.S. Patent No. 8,361,156
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION OF
`NIMALKA R. WICKRAMASEKERA
`UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the PTAB E2E
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ALPHATEC HOLDINGS, INC. AND ALPHATEC SPINE, INC.
`Petitioner,
`
`v.
`
`NUVASIVE, INC.,
`Patent Owner
`
`
`
`Case No. IPR2019-00362
`U.S. Patent No. 8,361,156
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION OF
`NIMALKA R. WICKRAMASEKERA
`UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the PTAB E2E
`
`
`
`
`
`
`
`IPR2019-00362
`Patent No. 8,361,156
`
`
`Pursuant to 37 C.F.R. § 42.10, and pursuant to the authorization provided by
`
`the United States Patent and Trademark Office’s Patent Trial and Appeal Board
`
`(“Board”) in Paper Number 5, dated January 17, 2019 (“the Notice”), Petitioner
`
`Alphatec Holdings, Inc. and Alphatec Spine, Inc. (“Petitioner” or “Alphatec”)
`
`submits this unopposed motion for Nimalka R. Wickramasekera to appear pro hac
`
`vice. Petitioner respectfully requests the Board to recognize Ms. Wickramasekera
`
`as counsel pro hac vice during this proceeding and demonstrates good cause for
`
`doing so as shown below.
`
`I.
`
`TIME FOR FILING
`
`Pursuant to the authorization provided in the Notice, this motion for pro hac
`
`vice admission is being filed no sooner than twenty-one days after service of the
`
`Petition.
`
`II.
`
`STATEMENT OF FACTS
`A. Nimalka R. Wickramasekera
`
`Pursuant to the Notice, the following statement of facts shows that good cause
`
`exists for the Board to recognize Ms. Wickramasekera pro hac vice.
`
`Lead counsel for this proceeding, Andrew Sommer, is a registered practitioner
`
`(Reg. No. 53,932 ).
`
`Ms. Wickramasekera is a litigation attorney who has been involved in
`
`multiple patent infringement cases in federal district courts. Ex. 1048 ¶ 8–9. She
`
`2
`
`
`
`IPR2019-00362
`Patent No. 8,361,156
`
`has experience in various aspects of patent infringement matters and has participated
`
`in multiple patent cases in federal courts. Id. She is lead counsel for Petitioner in
`
`NuVasive, Inc. v. Alphatec Holdings, Inc. et al., Case No. 3:18-cv-00347-CAB-
`
`MDD (S.D. Cal.), filed on February 13, 2018, where the ’156 patent is currently
`
`being asserted. Ex.1048 ¶ 8. Until it settled, she was also counsel for Warsaw
`
`Orthopedic, Inc. in Warsaw Orthopedic, Inc. et al. v. NuVasive, Inc., Case No. 3:12-
`
`cv-002738-CAB-MDD (S.D. Cal.), filed on August 17, 2012, in which Patent
`
`Owner previously asserted the ’156 patent. Ex. 1048 ¶ 8.
`
`Ms. Wickramasekera is a member in good standing of the Bars of the State of
`
`California and the State of Illinois, and is admitted to practice in the United States
`
`Courts of Appeals for the Ninth and Federal Circuits. Id. ¶ 1.
`
`Ms. Wickramasekera has not been suspended or disbarred from practice, has
`
`never had any application for admission to practice denied, and has never had any
`
`sanctions or contempt citations imposed against her. Id. ¶¶ 2-4.
`
`Ms. Wickramasekera has obtained substantial familiarity with the involved
`
`patent, the prior art, and the various issues raised in this proceeding. Id. ¶ 8–9.
`
`Moreover, Ms. Wickramasekera has reviewed the involved patent, the Petition, the
`
`prior art, and all other cited materials. Id. She was involved in the preparation of
`
`the Petition upon which the Board instituted trial. Id. ¶ 9. Given her extensive
`
`patent litigation experience and familiarity with the instant Petition, the cited
`
`3
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`
`
`IPR2019-00362
`Patent No. 8,361,156
`
`materials, and the patented technology, Ms. Wickramasekera has established
`
`familiarity with the subject matter at issue in this proceeding. Id.
`
`Ms. Wickramasekera has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules for Practice for Trials set forth in Part 42 of
`
`Title 37 of the Code of Federal Regulations, and she agrees to be subject to the
`
`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq., and
`
`to disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id. ¶¶ 5-6.
`
`Ms. Wickramasekera was admitted pro hac vice in Case Nos. IPR2013-
`
`00206, IPR2013-00208, and IPR2013-00396. Id. ¶7. Mr. Wickramasekera is
`
`concurrently applying to appear pro hac vice in related Case Nos. IPR2019-00361,
`
`IPR2019-00546. Id. ¶7.
`
`Given Ms. Wickramasekera’s familiarity with the subject matter at issue in
`
`this proceeding, Petitioner respectfully submits that it has shown good cause for the
`
`Board to recognize Ms. Wickramasekera as counsel pro hac vice during this
`
`proceeding.
`
`III. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`
`This Motion is accompanied by Declaration of Ms. Wickramasekera.
`
`4
`
`
`
`IPR2019-00362
`Patent No. 8,361,156
`
`Date: February 19, 2019
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`Reg. No. 53,932
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006-5106
`asommer@winston.com
`T: (202) 282-5000
`F: (202) 282-5100
`Counsel for Petitioners
`
`5
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), I certify that, on February 19,
`
`2019, I caused true and correct copies of the foregoing “PETITIONER’S
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF NIMALKA R.
`
`WICKRAMASEKERA UNDER 37 C.F.R. § 42.10,” and Ex. 1048 to be served by
`
`electronic mail on the following attorneys:
`
`Michael T. Rosato (Reg. No. 52,182)
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Email: mrosato@wsgr.com
`
`Paul D. Tripodi II (Reg. No. 40,847)
`WILSON SONSINI GOODRICH & ROSATI
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Email: ptripodi@wsgr.com
`
`Sonja R. Gerrard (Reg. No. 72,802)
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Email: sgerrard@wsgr.com
`
`Date: February 19, 2019
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`Reg. No. 53,932
`Counsel for Petitioners
`
`6
`
`
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