UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COOK MEDICAL LLC,
`Petitioner
`
`v.
`
`STONE BASKET INNOVATIONS LLC,
`Patent Owner
`
`Case: IPR2016-00713
`
`Patent 6,551,327
`
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION OF JAMES
`R. FERGUSON PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COOK MEDICAL LLC,
`Petitioner
`
`v.
`
`STONE BASKET INNOVATIONS LLC,
`Patent Owner
`
`Case: IPR2016-00713
`
`Patent 6,551,327
`
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION OF JAMES
`R. FERGUSON PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case IPR2016-00713
`Patent No. 6,551,327
`Petitioner’s Motion for Pro Hac Vice Admission
`
`
`
`PETITIONER’S EXHIBIT LIST
`
`Description
`U.S. Patent No. 6,551,327
`Prosecution History of U.S. Patent No. 6,551,327
`U.S. Patent No. 6,165,200 (“Tsugita”)
`U.S. Patent No. 6,168,603 (“Leslie”)
`U.S. Patent No. 5,496,330 (“Bates I”)
`U.S. Patent No. 6,099,534 (“Bates II”)
`U.S. Patent No. 6,096,053 (“Bates III”)
`Boston Scientific Microvasive Publication
`Cook Atlas Extractor Publication
`Cook Market Information Bulletin
`Deposition Transcript of Avtar Dhindsa
`Exhibit 11 from Dhindsa Deposition
`U.S. Patent No. 6,179,859 (“Bates IV”)
`U.S. Patent No. 6,364,895 (“Greenhalgh”)
`U.S. Patent No. 4,790,812 (“Hawkins”)
`U.S. Patent No. 3,472,230 (“Fogarty”)
`Dotter Review Article
`U.S. Patent No. 4,580,568 (“Gianturco”)
`U.S. Patent No. 3,540,431 (“Mobin-Udin”)
`U.S. Patent No. 4,425,908 (“Simon”)
`U.S. Patent No. 4,590,938 (“Segura”)
`Patel, The Modern History and Evolution of Percutaneous
`
`
`
`- i -
`
`Exhibit #
`1001
`1002
`1003
`1004
`1005
`1006
`1007
`1008
`1009
`1010
`1011
`1012
`1013
`1014
`1015
`1016
`1017
`1018
`1019
`1020
`1021
`1022
`
`
`
`Case IPR2016-00713
`Patent No. 6,551,327
`Petitioner’s Motion for Pro Hac Vice Admission
`
`
`
`Description
`
`Exhibit #
`
`Nephrolithotomy
`U.S. Patent No. 6,679,893 (“Tran”)
`U.S. Patent No. 5,192,286 (“Phan”)
`Interventional Radiology - Wikipedia
`Catheter - Wikipedia
`Angioplasty History Timeline
`Declaration of R. Wagoner, PhD.
`Declaration of James R. Ferguson in Support of Motions for
`Pro Hac Vice Admission
`
`1023
`1024
`1025
`1026
`1027
`1028
`1029
`
`
`
`- ii -
`
`
`
`Case IPR2016-00713
`Patent No. 6,551,327
`Petitioner’s Motion for Pro Hac Vice Admission
`
`
`
`Pursuant to 37 C.F.R. § 42.10 and in response to the authorization provided
`
`by the United States Patent and Trademark Office’s Patent Trial and Appeal Board
`
`(“Board”) in the Notice of Filing Date Accorded to Petition (Paper Number 3,
`
`entered March 17, 2016) (“Notice”), Petitioner Cook Medical LLC (“Petitioner”)
`
`hereby files this motion for James R. Ferguson to appear pro hac vice on its behalf,
`
`as back-up counsel, before the Board in IPR2016-00713. This motion follows the
`
`guidelines set forth in IPR2013-00639, Paper 7, entered October 15, 2013
`
`(“Order”).
`
`I.
`
`TIME FOR FILING
`Pursuant to the Order, this motion for pro hac vice admission is filed no
`
`sooner than twenty-one days after service of the petition.
`
`II.
`
`STATEMENT OF FACTS
`
`Pursuant to the Order, the following statement of facts shows that there is
`
`good cause for the Board to recognize Mr. Ferguson pro hac vice.
`
`Lead counsel for this proceeding, Melissa A. Anyetei, is a registered
`
`practitioner (Registration No. 62,989).
`
`Mr. Ferguson is an experienced litigation attorney. He has been involved in
`
`numerous patent cases in federal District Courts across the country, as well as in
`
`domestic and international arbitrations involving patent issues. He has significant
`
`
`
`- 3 -
`
`
`
`Case IPR2016-00713
`Patent No. 6,551,327
`Petitioner’s Motion for Pro Hac Vice Admission
`
`
`
`experience in all aspects of patent litigation, including depositions, claim
`
`construction hearings, and various stages of trial.
`
`Mr. Ferguson is a member in good standing of the State of Illinois bar and is
`
`admitted to practice before the United States Court of Appeals for the Federal
`
`Circuit, Illinois Supreme Court, Northern District of Illinois, Seventh Circuit, and
`
`Second Circuit. Mr. Ferguson has not been suspended or disbarred from practice,
`
`never had any application for admission to practice denied, nor had any sanctions
`
`or contempt citations imposed against him.
`
`Mr. Ferguson has served as lead counsel for Cook Group (including Cook
`
`Medical LLC) in other intellectual property matters, including patent infringement
`
`litigation involving medical device technologies. Because of Mr. Ferguson’s
`
`experience and familiarity with Petitioner’s intellectual property needs and goals,
`
`Petitioner wishes to use Mr. Ferguson in this proceeding.
`
` Mr. Ferguson currently serves as lead counsel for Petitioner in the
`
`corresponding litigation (Stone Basket Innovations LLC v. Cook Medical LLC,
`
`Case No. 15-CV-464(EDTX)), and he has reviewed and is familiar with claim
`
`construction positions and invalidity contentions.
`
`Mr. Ferguson has reviewed and is familiar with U.S. Patent No. 6,551,327,
`
`which is being challenged in this proceeding. Mr. Ferguson has also reviewed and
`
`
`
`- 4 -
`
`
`
`Case IPR2016-00713
`Patent No. 6,551,327
`Petitioner’s Motion for Pro Hac Vice Admission
`
`
`
`is familiar with the Petition for inter partes review in this proceeding. Finally, Mr.
`
`Ferguson has reviewed and is familiar with the accompanying exhibits to the
`
`Petition, including the prior art references. As such, Mr. Ferguson has established
`
`familiarity with the subject matter at issue in this proceeding. See, e.g.,
`
`Declaration of Mr. James R. Ferguson (Ex. 1029).
`
`Mr. Ferguson has read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.,
`
`and he agrees to be subject to the USPTO Rules of Professional Conduct set forth
`
`in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a).
`
`Accordingly, Petitioner respectfully submits that there is good cause for the
`
`Board to recognize Mr. Ferguson as counsel pro hac vice during this proceeding.
`
`III. AFFIDAVIT OR DECLARATION OF INDIVIDUAL SEEKING TO
`APPEAR
`
`This Motion for pro hac vice admission is accompanied by a Declaration
`
`of Mr. Ferguson (Ex. 1029) as required by the Order.
`
`
`
`- 5 -
`
`
`
`Case IPR2016-00713
`Patent No. 6,551,327
`Petitioner’s Motion for Pro Hac Vice Admission
`
`
`
`Dated: May 23, 2016
`
`
`Respectfully submitted,
`
`/Melissa A. Anyetei Reg No 62989/
`Melissa A. Anyetei
`Registration No. 62,989
`Mayer Brown LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: 312-701-7103
`Facsimile: 312-706-8503
`manyetei@mayerbrown.com
`
`James R. Ferguson (pro hac vice
`application pending)
`Mayer Brown LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: 312-701-7282
`Facsimile: 312-706-8421
`jferguson@mayerbrown.com
`
`Chandra Critchelow
`Registration No. 70,282
`Mayer Brown LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: 312-701-8110
`Facsimile: 312-706-8163
`ccritchelow@mayerbrown.com
`
`
`Counsel for Petitioner Cook Medical
`LLC
`
`- 6 -
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-00713
`Patent No. 6,551,327
`Petitioner’s Motion for Pro Hac Vice Admission
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby
`
`certify
`
`that on May 23, 2016,
`
`a
`
`copy of
`
`the
`
`attached PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION OF
`
`JAMES R. FERGUSON PURSUANT TO 37 C.F.R. § 42.10(c) was served by
`
`electronic mail to the attorneys of record, at the following addresses:
`
`Albert B. Deaver, Jr., Esq.
`Jeffrey A. Andrews, Esq.
`Bruce J. Cannon, Esq.
`SUTTON MCAUGHAN DEAVER PLLC
`Three Riverway, Suite 900
`Houston, TX 77056
`(713) 800-5700 (T)
`(713) 800-5699 (F)
`adeaver@smd-iplaw.com
`jandrews@smd-iplaw.com
`bcannon@smd-iplaw.com
`
`
`
`
`
`
`Date: May 23, 2016
`Respectfully submitted,
`
`By:/Melissa A. Anyetei Reg No 62,989/
`Melissa A. Anyetei
`Registration No. 62,989
`Mayer Brown LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: 312-701-7103
`Facsimile: 312-706-8503
`manyetei@mayerbrown.com
`
`Counsel for Cook Medical LLC
`
`
`
`
`- 7 -
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
