UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT &
`BMW OF NORTH AMERICA, LLC,
`Petitioners
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`v.
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`PAICE LLC & THE ABELL FOUNDATION, INC.
`Patent Owners
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`Inter Partes Review No.: IPR2020-00994
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`U.S. Patent No. 7,104,347 K2
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`___________________
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`MOTION FOR PRO HAC VICE ADMISSION OF
`JACOB Z. ZAMBRZYCKI UNDER 37 C.F.R. § 42.10
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT &
`BMW OF NORTH AMERICA, LLC,
`Petitioners
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`v.
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`PAICE LLC & THE ABELL FOUNDATION, INC.
`Patent Owners
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`Inter Partes Review No.: IPR2020-00994
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`U.S. Patent No. 7,104,347 K2
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`___________________
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`MOTION FOR PRO HAC VICE ADMISSION OF
`JACOB Z. ZAMBRZYCKI UNDER 37 C.F.R. § 42.10
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`Zambrzycki Pro Hac Vice Motion
`U.S. Patent No. 7,104,347
`Petitioners respectfully request that the Board recognize Jacob Z.
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`Zambrzycki as counsel pro hac vice for the above-captioned proceedings in
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`accordance with 37 C.F.R. § 42.10(c). The lead counsel, Jeffrey D. Sanok, is a
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`registered practitioner (Reg. No. 32,169).
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`Patent Owners have indicated that they do not oppose this motion.
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`I.
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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 Admission referenced in the Notice of Filing
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`Date entered on June 18, 2020.
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`II. Statement of Facts
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`As required by the Order Authorizing Motion for Pro Hac Vice Admission,
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`the following statement of facts demonstrates good cause for the Board to
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`recognize Mr. Zambrzycki pro hac vice. Mr. Zambrzycki is an experienced
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`litigation attorney, and has been involved in numerous litigations involving patent
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`infringement in U.S. District Courts across the country, the U.S. Court of Appeals
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`for the Federal Circuit, and the International Trade Commission. Mr. Zambrzycki
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`has been a litigation attorney for over 10 years, and has represented a wide range
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`of clients in patent litigation matters.
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`2
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`Zambrzycki Pro Hac Vice Motion
`U.S. Patent No. 7,104,347
`Mr. Zambrzycki is extremely familiar with the subject matter at issue in
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`these proceedings. For instance, Mr. Zambrzycki was involved in preparing the
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`Petition in these proceedings. Throughout this process, Mr. Zambrzycki has gained
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`relevant technical knowledge and experience in the field of electric hybrid vehicles
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`and the various prior art references cited in the Petition.
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`III. Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by the Declaration
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`and biography of Jacob Zambrzycki (Ex. 1059) as required by the Order
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`Authorizing Motion for Pro Hac Vice Admission. In this Declaration, Mr.
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`Zambrzycki states compliance with the general requirements for pro hac vice
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`admission, including that he is a member in good standing of the Bar of the State
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`of New York and the Bar of the State of California, and is admitted to practice
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`before the U.S. Court of Appeals for the Federal Circuit, and the U.S. District
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`Courts for the Southern District of New York, the Northern District of California,
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`and the Central District of California. Mr. Zambrzycki also states that he has never
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`been suspended, disbarred, sanctioned, or cited for contempt by any court or
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`administrative body; he has never had a court or administrative body deny his
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`application for admission to practice; he has read and will comply with the Office
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`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials set forth in
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`Part 42 of Title 37 of the Code of Federal Regulations; he agrees to be subject to
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`3
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`Zambrzycki Pro Hac Vice Motion
`U.S. Patent No. 7,104,347
`the United States Patent and Trademark Office Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a). In the past three (3) years, he has applied to appear pro hac vice before
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`the Office, and was granted permission to do so, in IPR2017-00981, IPR2017-
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`01263, IPR2017-01533, IPR2017-01866, IPR2019-00569, and IPR2019-00570. In
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`addition, Mr. Zambrzycki states that he has familiarity with the subject matter at
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`issue in these inter partes review proceedings.
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`Accordingly, Petitioner respectfully submits that there is good cause for the
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`Board to recognize Mr. Zambrzycki as counsel pro hac vice during these
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`proceedings.
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`Dated: July 22, 2020
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`Respectfully submitted,
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`/Jeffrey D. Sanok/
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`Jeffrey D. Sanok (Reg. No. 32,169)
`Vincent J. Galluzzo (Reg. No. 67,830)
`Crowell & Moring LLP
`1001 Pennsylvania Avenue NW
`Washington, DC 20004-2595
`Tel.: (202) 624-2500
`Fax.: (202) 628-8844
`jsanok@crowell.com
`vgalluzzo@crowell.com
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`Scott L. Bittman (Reg. No. 55,007)
`Jacob Z. Zambrzycki (pro hac vice pending)
`Crowell & Moring LLP
`590 Madison Avenue, 20th Floor
`New York, NY 10022-2544
`Telephone No.: (212) 223-4000
`Facsimile No.: (212) 223-4134
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`4
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`
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`Zambrzycki Pro Hac Vice Motion
`U.S. Patent No. 7,104,347
`sbittman@crowell.com
`jzambrzycki@crowell.com
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`Counsel for Petitioners
`Bayerische Motoren Werke Aktiengesellschaft
`and BMW of North America, LLC
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`5
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`Zambrzycki Pro Hac Vice Motion
`U.S. Patent No. 7,104,347
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`Certificate of Service
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`Pursuant to 37 C.F.R. § 42.6(e)(4), I certify that the foregoing Motion for
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`Pro Hac Vice Admission of Jacob Zambrzycki Under 37 C.F.R. § 42.10, along
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`with Exhibit 1059, were served electronically by filing these documents through
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`the PTAB E2E system, as well as by e-mailing copies to the following address for
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`counsel of record for Patent Owners:
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`Ruffin B. Cordell
`Indranil Mukerji
`Brian J. Livedalen
`FISH & RICHARDSON P.C.
`1000 Maine Avenue, S.W.
`Washington, D.C. 20024
`cordell@fr.com
`mukerji@fr.com
`livedalen@fr.com
`IPR36351-0004IP1@fr.com
`PTABInbound@fr.com
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`Dated: July 22, 2020
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`Respectfully submitted,
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`/Jeffrey D. Sanok/
`Jeffrey D. Sanok
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`6
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