IPR2017-00584 Motion for Pro Hac Vice Admission
`U.S. Patent No. 8,714,494
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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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`WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION
`(d/b/a WABTEC CORPORATION)
`Petitioner
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`v.
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`SIEMENS INDUSTRY, INC.
`Patent Owner
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`____________________
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`IPR2017-00584
`U.S. Patent No. 8,714,494
`____________________
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`MOTION FOR PRO HAC VICE ADMISSION
`OF MARK M. SUPKO UNDER 37 C.F.R. § 42.10
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`U.S. Patent No. 8,714,494
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________________
`
`WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION
`(d/b/a WABTEC CORPORATION)
`Petitioner
`
`v.
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`SIEMENS INDUSTRY, INC.
`Patent Owner
`
`____________________
`
`IPR2017-00584
`U.S. Patent No. 8,714,494
`____________________
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF MARK M. SUPKO UNDER 37 C.F.R. § 42.10
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`IPR2017-00584 Motion for Pro Hac Vice Admission
`U.S. Patent No. 8,714,494
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`Patent Owner respectfully requests that the Board recognize Mark M. Supko
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`as counsel pro hac vice for the above-captioned proceeding in accordance with 37
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`C.F.R. § 42.10(c). The lead counsel, Jeffrey D. Sanok, is a registered practitioner
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`(Reg. No. 32,169).
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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 January 27, 2017.
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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. Supko pro hac vice.
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`Mr. Supko is an experienced litigation attorney, and has been involved in
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`numerous litigations involving patent infringement in U.S. District Courts across
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`the country, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of
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`Federal Claims, and the International Trade Commission. Mr. Supko’s biography
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`is attached (Exhibit 2002) to the accompanying Declaration of Mark M. Supko.
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`(Exhibit 2001). As evidenced by Mr. Supko’s biography and Declaration, he has
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`1
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`IPR2017-00584 Motion for Pro Hac Vice Admission
`U.S. Patent No. 8,714,494
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`been a litigation attorney for nearly 25 years, and has represented a wide range of
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`clients in patent litigation matters.
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`U.S. Patent No. 8,714,494 (“the ʼ494 Patent”) is currently one of thirteen
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`patents being asserted by the Patent Owner against the Petitioner in an
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`infringement suit pending in the U.S. District Court for the District of Delaware,
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`styled Siemens Industry, Inc. v. Westinghouse Air Brake Technologies Corporation
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`(d/b/a Wabtec Corporation) et al., No. 1:16-cv-00284-LPS-CJB (D. Del.) (“the
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`District Court Litigation”). The Patent Owner filed its original Complaint
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`initiating the District Court Litigation on April 21, 2016. Mr. Supko is lead
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`counsel for the Patent Owner in the District Court Litigation, and has served in that
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`role since the beginning of the case.
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`As a result of his work in connection with the District Court Litigation, Mr.
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`Supko is extremely familiar with the subject matter of the current Petition. For
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`example, Mr. Supko was heavily involved in meetings with engineers and in-house
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`attorneys for the Patent Owner regarding the technology described and claimed in
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`the ʼ494 Patent and the Petitioner’s allegedly infringing products in advance of
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`filing the original Complaint. He has also been heavily involved in preparing the
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`Patent Owner’s infringement contentions, including underlying analyses of the
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`scope and meaning of the asserted claims of the ʼ494 Patent and application of
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`those claims to the accused products. Mr. Supko has also been heavily involved in
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`IPR2017-00584 Motion for Pro Hac Vice Admission
`U.S. Patent No. 8,714,494
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`studying prior art references, specifically including prior art references cited in the
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`Petition, in the context of assessing the Petitioner’s invalidity contentions in the
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`District Court Litigation. In addition, Mr. Supko has relevant technical knowledge
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`and experience, having worked as a systems engineer for a major U.S. automaker
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`developing computer-based control systems prior to becoming a lawyer.
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`Accordingly, Mr. Supko has a well-established familiarity with the subject matter
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`at issue in this proceeding.
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`Further, the Patent Owner has expended significant time and financial
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`resources in connection with the District Court Litigation with Mr. Supko as lead
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`counsel, and the Patent Owner wishes to continue using Mr. Supko as counsel in
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`this proceeding. Accordingly, the Patent Owner respectfully submits that there is
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`good cause for the Board to recognize Mr. Supko as counsel pro hac vice during
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`this proceeding.
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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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`of Mark M. Supko (Exhibit 2001) as required by the Order Authorizing Motion for
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`Pro Hac Vice Admission. In this Declaration, Mr. Supko states compliance with
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`the general requirements for pro hac vice admission, including that he is a member
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`in good standing of the Bar of the State of New York and the Bar of the District of
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`Columbia, and is admitted to practice before the U.S. Supreme Court, the U.S.
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`3
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`IPR2017-00584 Motion for Pro Hac Vice Admission
`U.S. Patent No. 8,714,494
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`Courts of Appeals for the Federal Circuit and the Second Circuit, five Federal
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`District Courts, and the U.S. Court of Federal Claims. Mr. Supko also states that
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`he has never been suspended, disbarred, sanctioned, or cited for contempt by any
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`court or administrative body; he has never had a court or administrative body deny
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`his application for admission to practice; he has read and will comply with the
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`Office Patent Trial Practice Guide and the Board’s Rules of Practice for Trials set
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`forth in Part 42 of Title 37 of the Code of Federal Regulations; he agrees to be
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`subject to the United States Patent and Trademark Office Rules of Professional
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`Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under
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`37 C.F.R. § 11.19(a); and in the past three (3) years, he has not applied to appear
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`pro hac vice in any proceedings before the United States Patent and Trademark
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`Office (having last been admitted pro hac vice as counsel for the petitioner in BAE
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`Systems Information and Electronic Systems Integration, Inc. v. Cheetah Omni,
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`LLC, Case IPR2013-00175 (PTAB) on August 1, 2013), but he will be applying to
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`appear pro hac vice in a number of pending proceedings at the Office that
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`implicate other of Patent Owner’s patents asserted in the District Court Litigation:
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`IPR2017-00580, IPR2017-00581, IPR2017-00582, and IPR2017-00650. In
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`addition, Mr. Supko states that he has familiarity with the subject matter at issue in
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`the inter partes review proceeding.
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`IPR2017-00584 Motion for Pro Hac Vice Admission
`U.S. Patent No. 8,714,494
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`Respectfully submitted,
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`March 10, 2017
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`/Jeffrey D. Sanok/
`Jeffrey D. Sanok, Reg. No. 32,169
`Vincent J. Galluzzo, Reg. No. 67,830
`CROWELL & MORING LLP
`Intellectual Property Group
`P.O. Box 14300
`Washington, DC 20044-4300
`Telephone: (202) 624-2500
`Facsimile: (202) 628-8844
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`ATTORNEYS FOR PATENT OWNER
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`5
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 10, 2017, I caused a true and correct copy of
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`the foregoing materials:
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` Motion for Pro Hac Vice Admission of Mark M. Supko Under 37
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`C.F.R. § 42.10
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`to be served via electronic mail on the following counsel of record for Petitioner:
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`Jason A. Engel (Reg. No. 51,654)
`Alan L. Barry (Reg. No. 30,819)
`Benjamin E. Weed (Reg. No. 65,939)
`Katherine L. Hoffee (Reg. No. 72,691)
`K&L GATES LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`Jason.Engel.PTAB@klgates.com
`alan.barry@klgates.com
`benjamin.weed.PTAB@klgates.com
`katy.hoffee.PTAB@klgates.com
`T: (312) 807-4236
`F: (312) 827-8145
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`Roberto Capriotti (Reg. No. 46,599)
`K&L GATES LLP
`210 Sixth Avenue
`Pittsburgh, PA 15222
`roberto.capriotti@klgates.com
`T: (412) 355-6423
`F: (412) 355-6501
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`
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`/Jeffrey D. Sanok/
`Jeffrey D. Sanok (Reg. No. 32,169)
`CROWELL & MORING LLP
`1001 Pennsylvania Avenue, N.W.
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`
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`IPR2017-00584 Motion for Pro Hac Vice Admission
`U.S. Patent No. 8,714,494
`
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`Washington, D.C. 20004-2595
`Tel.: (202) 624-2500
`Fax: (202) 628-8844
`jsanok@crowell.com
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`7
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