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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TIDE INTERNATIONAL (USA), INC.,
`Petitioner,
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`v.
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`UPL NA INC.,
`Patent Owner.
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`Case IPR2020-01113
`Patent 7,473,685
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`PETITIONER TIDE INTERNATIONAL (USA), INC.’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`BAILEY K. BENEDICT
`UNDER 37 C.F.R. § 42.10(c)
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`Proceeding No.: IPR2020-01113
`Attorney Docket: 49321-0001IP1
`EXHIBIT LIST
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`1038
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`Declaration of Bailey K. Benedict in Support of Motion for Pro Hac
`Vice Admission
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`2
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`Proceeding No.: IPR2020-01113
`Attorney Docket: 49321-0001IP1
`Pursuant to 37 C.F.R. § 42.10(c), the Tide International (USA), Inc.
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`(“Petitioner”) respectfully requests that the Board recognize Bailey K. Benedict as
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`counsel pro hac vice in this proceeding. Petitioner seeks the counsel of Ms.
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`Benedict due to her experience in representing Tide (International) USA, Inc. in
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`other patent-related matters and particularly due to her familiarity with the
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`substantive and technical issues involved in this proceeding. This motion is
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`authorized by the Notice of Filing Date Accorded to Petition and Time for Filing
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`Patent Owner Preliminary Response that was mailed on July 23, 2020.
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`Patent Owner does not oppose this motion.
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`Where the lead counsel is a registered practitioner, a non-registered
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`practitioner may be permitted to appear pro hac vice “upon showing that counsel is
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`an experienced litigating attorney and has established familiarity with the subject
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`matter at issue in the proceeding.” 37 CFR § 42.10(c); Unified Patents, Inc. v.
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`Parallel Iron, LLC, Case IPR2013-00639 (PTAB October 15, 2013) (Paper 7)
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`(setting forth requirements for pro hac vice admission). As set forth in her
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`declaration being submitted herewith as an exhibit, Ms. Benedict is a principal at
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`Fish & Richardson P.C. and a patent litigation attorney with significant experience
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`advising clients regarding patent matters, including as counsel in multiple
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`litigations since 2012 in a variety of different venues. Ms. Benedict has familiarity
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`with the particular subject matter in this IPR proceeding.
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`Proceeding No.: IPR2020-01113
`Attorney Docket: 49321-0001IP1
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`Statement of Facts
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`Ms. Benedict is a patent litigation attorney with more than eight years of
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`experience representing clients in cases involving a variety of technologies,
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`including chemicals, oil and gas, and consumer products. Ms. Benedict regularly
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`litigates patent cases before Federal District Courts, and has litigated in the Federal
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`Circuit as well. Through her practice in such cases, Ms. Benedict has gained
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`substantial experience in Markman hearings, discovery, jury trials, and appeals.
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`Petitioner provides Exhibit A (attached to the Declaration of Bailey K. Benedict),
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`as evidence, Ms. Benedict’s biography.
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`Ms. Benedict also has particular experience and familiarity with the
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`substantive and technical issues involved in this inter partes review proceeding. In
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`particular, Ms. Benedict is serving as counsel for Petitioner in the co-pending
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`litigation in the Central District of California. Her role in that case is specifically
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`to utilize her education as a chemical engineer to focus on the technical issues
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`involved in the case.
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`1. Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by an Declaration
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`of Bailey K. Benedict as required by the Order Authorizing Motion for Pro Hac
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`Vice mailed June 23, 2020.
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`Proceeding No.: IPR2020-01113
`Attorney Docket: 49321-0001IP1
`Accordingly, Tide (International) USA, Inc. submits that there is good cause
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`under 37 C.F.R. § 42.10(c) for the Board to recognize Bailey K. Benedict as
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`counsel pro hac vice during this proceeding.
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`Date: May 3, 2021
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-5070
`Facsimile: (877) 769-7945
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`Respectfully submitted,
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`/Dorothy P. Whelan/
`Dorothy P. Whelan, Reg. No. 33,814
`Thad C. Kodish, Reg. No. 53,149
`Jacqueline Tio, Reg. No. 72,227
`Counsel for Petitioner
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`Proceeding No.: IPR2020-01113
`Attorney Docket: 49321-0001IP1
`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4), the undersigned certifies that on May 3,
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`2021, a complete and entire copy of this Petitioner’s Motion for Pro Hac Vice
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`Admission of Bailey K. Benedict, and its exhibit were provided via email to the
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`Patent Owner by serving the correspondence email addresses of record as follows:
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`Maximilienne Giannelli
`Finnegan, Henderson, Farabow,
`Garrett & Dunner LLP
`1875 Explorer Street, Suite 800
`Reston, VA 20190-6023
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`Parmanand K. Sharma
`Rejeev Gupta
`Joshua L. Goldberg
`Finnegan, Henderson, Farabow,
`Garrett & Dunner LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
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`Email: Maximilienne.Giannelli@finnegan.com
`Email: Parmanand.Sharma@finnegan.com
`Email: Raj.Gupta@finnegan.com
`Email: Joshua.Goldberg@finnegan.com
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`/Edward G. Faeth/
`Edward G. Faeth
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(202) 626-6420
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