Paper No. 12
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SONY CORPORATION,
`Petitioner,
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`v.
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`FUJIFILM CORPORATION,
`Patent Owner.
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`----------------------------
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`Case No. IPR2018-00877
`Patent No.: 6,462,905
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`MOTION FOR PRO HАС VICE ADMISSION
`UNDER 37 C.F.R. § 42.10 OF KATHARINE M. BURKE
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`-----------------------------------------------------------------------------
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`SONY CORPORATION,
`Petitioner,
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`v.
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`FUJIFILM CORPORATION,
`Patent Owner.
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`----------------------------
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`Case No. IPR2018-00877
`Patent No.: 6,462,905
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`----------------------------
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`
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`MOTION FOR PRO HАС VICE ADMISSION
`UNDER 37 C.F.R. § 42.10 OF KATHARINE M. BURKE
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`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 3, Fujifilm Corporation (“Patent Owner”)
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`respectfully requests that the Board recognize Ms. Katharine M. Burke as counsel pro hac vice
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`during this proceeding, IPR-2018-00877.
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`1
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`Time For Filing
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`This Motion for Pro Нас Vice Admission is being filed no sooner than twenty-one (21)
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`days after service of the petition as required by the Notice of Filing Date Accorded to Petition
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`entered on April 11, 2018.
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`2
`Statement of Facts Showing Good Cause for the Board to Recognize Counsel Pro
`Hac Vice During The Proceeding
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`As required by the Order Authorizing Motion for Pro Нас Vice and in accordance with
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`37 C.F.R § 42.10(c), the following statement of facts shows that there is good cause for the
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`Board to recognize Ms. Burke pro hac vice.
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`Ms. Burke is an experienced litigation attorney and has been involved in litigations
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`involving patent infringement in District Courts across the country. She has experience in jury
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`and bench trials, Markman hearings, and oral arguments in patent infringement litigation matters.
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`U.S. Patent No. 6,462,905 was previously asserted by Patent Owner FUJIFILM
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`Corporation in a co-pending litigation, In the Matter of Certain Magnetic Data Storage and Tape
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`and Cartridges Containing the Same (II), International Trade Commission Inv. No. 337-TA-
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`1076, (“the co-pending litigation”). Ms. Burke is counsel for FUJIFILM Corporation in the co-
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`pending litigation and, as such, has an established familiarity with the subject matter at issue in
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`this proceeding. Patent Owner has expended significant financial resources in the со-pending
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`litigation with Ms. Burke as counsel, and Patent Owner wishes to continue using Ms. Burke as
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`counsel in this proceeding.
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`2
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`Further, Patent Owner will file a Power of Attorney evidencing Ms. Burke’s
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`representation of Patent Owner upon granting of this Motion.
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`Therefore, Patent Owner respectfully submits that there is good cause for the Board to
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`recognize Ms. Burke as counsel pro hac vice during this proceeding.
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`3
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`Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Нас Vice Admission is accompanied by an Affidavit of
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`Ms. Katharine M. Burke as required by the “Order -- Authorizing Motion for Pro Hac Vice
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`Admission” in Case IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013).
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`Respectfully submitted,
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`By:
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`/s/ Eliot D. Williams
`Eliot D. Williams
`Registration No. 50,822
`Lead Counsel for Patent Owner
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`3
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`AFFIDAVIT OF MS. KATHARINE M. BURKE IN SUPPORT OF
`MOTION FOR PRO НАС VIСЕ ADMISSION
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`I, Katharine M. Burke, being duly sworn and upon oath, hereby attests to the following:
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`I am a member in good standing of the Bar of the District of Columbia.
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`I have not been suspended or disbarred from practice before any court or administrative
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`1.
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`2.
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`body;
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`3.
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`I have never had an application for admission to practice before any court or
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`administrative body denied;
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`4.
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`No sanction or contempt citation has been imposed against me by any court or
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`administrative body;
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`5.
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`I have read and will comply with the Office Patent Trial Practice Guide and the Board's
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`Rules of Practice for Trials set forth in part 42 of 37 C.F.R.;
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`6.
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`I will be subject to the USРТО Code of Professional Responsibility set forth in 37 C.F.R.
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`§§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a);
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`7.
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`I have previously applied to appear pro hac vice before the Office in Case IPR2015-
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`01070, and my application was granted (Paper 32, March 24, 2016); and
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`8.
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`I am an experienced litigation attorney, with experience in litigations involving patent
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`infringement in District Courts across the country, including experience in jury and bench trials,
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`Markman hearings, and other oral arguments in patent infringement litigation. I am counsel for
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`FUJIFILM Corporation in a co-pending litigation in which U.S. Patent No. 6,462,905 was
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`previously an asserted patent owned by FUJIFILM Corporation. I am familiar with the subject
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`matter at issue in this proceeding as a result, including the prior art on which Petitioner relies in
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`this request, as well as all facets of the co-pending litigation.
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`/s/ Katharine M. Burke
`Katharine M. Burke
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`4
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`Baker Botts L.L.P.
`1299 Pennsylvania Ave., NW
`Washington, D.C. 20004
`Telephone: (202) 639-7700
`Fax: (202) 639-7890
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`5
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of this Motion for Pro Нас Vice Admission
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`and a copy of the Affidavit of Ms. Katharine M. Burke in Support of Motion for Pro Нас Vice
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`Admission has been filed with the Court’s E2E filing system and served on all counsel of record
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`via the E2E filing system, as well as email on:
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`Richard F. Giunta, Reg. No. 36,149
`Michael N. Rader, Reg. No. 52,146
`Randy J. Pritzker, Reg. No. 35,986
`Nathan R. Speed (admitted pro hac vice)
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`RGiunta-PTAB@wolfgreenfield.com
`MRader-PTAB@wolfgreenstein.com
`RPritzker-PTAB@wolfgreenfield.com
`Nathan.Speed@WolfGreenfield.com
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`Dated: November 10, 2018
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`By:
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`/s/ Eliot D. Williams
`Eliot D. Williams
`Registration No. 50,822
`Counsel for Patent Owner
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`6
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