`571.272.7822
`
` Paper No. 20
`Filed: July 10, 2019
`
`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.
`____________
`
`IPR2019-00361 (Patent 8,187,334 B2)1
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,187,334 B2)
`____________
`
`Before DENISE M. POTHIER, HYUN J. JUNG, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`POTHIER, Administrative Patent Judge.
`
`ORDER
`Granting Petitioner’s Motions for Admission
`Pro Hac Vice of Nimalka R. Wickramasekera
`37 C.F.R. § 42.10
`
`1 This Order addresses issues that are the same in the above-identified
`proceedings. We exercise our discretion to issue one Order to be entered in
`each proceeding. The Parties are not authorized to use this joint heading and
`filing style in their papers.
`
`
`
`IPR2019-00361 (Patent 8,187,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,187,334 B2)
`
`
`On February 19, 2019, Petitioner filed motions for admission pro hac
`
`vice of Nimalka R. Wickramasekera in each of the above-identified
`
`proceedings (collectively, “Motions”). Paper 10.2 Petitioner also filed
`
`declarations of Ms. Wickramasekera in support of the Motions (collectively,
`
`“Declarations”). Ex. 1048.3 Patent Owner has not opposed the Motions.
`
`See Paper 10, 2. For the reasons provided below, Petitioner’s Motions are
`
`granted.
`
`Pursuant to 37 C.F.R. § 42.10(c), the Board may recognize counsel
`
`pro hac vice during a proceeding upon a showing of good cause, subject to
`
`the condition that lead counsel be a registered practitioner. In its notice
`
`authorizing motions for pro hac vice admission, the Board requires a
`
`statement of facts showing there is good cause for the Board to recognize
`
`counsel pro hac vice and an affidavit or declaration of the individual seeking
`
`to appear in this proceeding. See Paper 5, 2–3 (citing Unified Patents, Inc. v.
`
`Parallel Iron, LLC, Case IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7)
`
`(representative “Order – Authorizing Motion for Pro Hac Vice
`
`Admission”)).
`
`In the Motions, Petitioner states there is good cause for the Board to
`
`recognize Ms. Wickramasekera pro hac vice during these proceedings
`
`because she “has experience in various aspects of patent infringement
`
`
`
`2 For purposes of expediency, we cite to Papers filed in IPR2019-00361.
`Petitioner filed similar Motions in IPR2019-00362 (Paper 9) and IPR2019-
`00546 (Paper 8).
`3 We cite to Exhibits filed in IPR2019-00361. Petitioner filed similar
`Exhibits in IPR2019-00362 (Ex. 1048) and IPR2019-00546 (Ex. 1049).
`
`2
`
`
`
`IPR2019-00361 (Patent 8,187,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,187,334 B2)
`
`
`matters and has participated in multiple patent cases in federal courts,” “is
`
`lead counsel for Petitioner in” related district court litigations, and “has
`
`obtained substantial familiarity with the involved patent, the prior art, and
`
`the various issues raised in this proceeding.” Paper 10, 2–3. Accordingly,
`
`Petitioner has established good cause for pro hac vice admission of
`
`Ms. Wickramasekera. Ms. Wickramasekera will be permitted to serve as
`
`back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`
`
`Accordingly, it is:
`
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`
`Nimalka R. Wickramasekera in the above-identified proceedings are
`
`granted;
`
`FURTHER ORDERED that Petitioner is to continue to have a
`
`registered practitioner represent it as lead counsel in the above-identified
`
`proceedings;
`
`FURTHER ORDERED that Ms. Wickramasekera is authorized to
`
`represent Petitioner only as back-up counsel in the above-identified
`
`proceedings;
`
`FURTHER ORDERED that Ms. Wickramasekera is to comply with
`
`the Office Patent Trial Practice Guide, as updated by the August 2018
`
`Update, 83 Federal Register 39,989 (Aug. 13, 2018), and the Board’s Rules
`
`of Practice for Trials, as set forth in Part 42 of Title 37, Code of Federal
`
`Regulations; and
`
`FURTHER ORDERED that Ms. Wickramasekera shall be subject to
`
`the Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), as well as
`
`3
`
`
`
`IPR2019-00361 (Patent 8,187,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,187,334 B2)
`
`
`the Office’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101
`
`et seq.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2019-00361 (Patent 8,187,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,187,334 B2)
`
`
`For PETITIONER:
`
`Jovial Wong
`jwong@winston.com
`
`David Dalke
`ddalke@winston.com
`
`
`For PATENT OWNER:
`
`Michael Rosato
`mrosato@wsgr.com
`
`Paul Tripodi
`ptripodi@wsgr.com
`
`Sonja Gerrard
`sgerrard@wsgr.com
`
`
`
`
`
`
`5
`
`
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