`U.S. Patent No. 7,742,850
`
`
`
`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.
`
`SIEMENS INDUSTRY, INC.
`Patent Owner
`
`____________________
`
`IPR2017-00650
`U.S. Patent No. 7,742,850
`____________________
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF MARK M. SUPKO UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-00650 Motion for Pro Hac Vice Admission
`U.S. Patent No. 7,742,850
`
`Patent Owner respectfully requests that the Board recognize Mark M. Supko
`
`as counsel pro hac vice for the above-captioned proceeding in accordance with 37
`
`C.F.R. § 42.10(c). The lead counsel, Jeffrey D. Sanok, is a registered practitioner
`
`(Reg. No. 32,169).
`
`I.
`
`Time for Filing
`
`This Motion for Pro Hac Vice Admission is being filed no sooner than
`
`twenty-one (21) days after service of the Petition, as required by the Order
`
`Authorizing Motion for Pro Hac Vice Admission referenced in the Notice of Filing
`
`Date entered on January 30, 2017.
`
`II. Statement of Facts
`
`As required by the Order Authorizing Motion for Pro Hac Vice Admission,
`
`the following statement of facts demonstrates good cause for the Board to
`
`recognize Mr. Supko pro hac vice.
`
`Mr. Supko is an experienced litigation attorney, and has been involved in
`
`numerous litigations involving patent infringement in U.S. District Courts across
`
`the country, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of
`
`Federal Claims, and the International Trade Commission. Mr. Supko’s biography
`
`is attached (Exhibit 2002) to the accompanying Declaration of Mark M. Supko.
`
`(Exhibit 2001). As evidenced by Mr. Supko’s biography and Declaration, he has
`
`1
`
`
`
`IPR2017-00650 Motion for Pro Hac Vice Admission
`U.S. Patent No. 7,742,850
`
`
`been a litigation attorney for nearly 25 years, and has represented a wide range of
`
`clients in patent litigation matters.
`
`U.S. Patent No. 7,742,850 (“the ʼ850 Patent”) is currently one of thirteen
`
`patents being asserted by the Patent Owner against the Petitioner in an
`
`infringement suit pending in the U.S. District Court for the District of Delaware,
`
`styled Siemens Industry, Inc. v. Westinghouse Air Brake Technologies Corporation
`
`(d/b/a Wabtec Corporation) et al., No. 1:16-cv-00284-LPS-CJB (D. Del.) (“the
`
`District Court Litigation”). The Patent Owner filed its original Complaint
`
`initiating the District Court Litigation on April 21, 2016. Mr. Supko is lead
`
`counsel for the Patent Owner in the District Court Litigation, and has served in that
`
`role since the beginning of the case.
`
`As a result of his work in connection with the District Court Litigation, Mr.
`
`Supko is extremely familiar with the subject matter of the current Petition. For
`
`example, Mr. Supko was heavily involved in meetings with engineers and in-house
`
`attorneys for the Patent Owner regarding the technology described and claimed in
`
`the ʼ850 Patent and the Petitioner’s allegedly infringing products in advance of
`
`filing the original Complaint. He has also been heavily involved in preparing the
`
`Patent Owner’s infringement contentions, including underlying analyses of the
`
`scope and meaning of the asserted claims of the ʼ850 Patent and application of
`
`those claims to the accused products. Mr. Supko has also been heavily involved in
`
`2
`
`
`
`IPR2017-00650 Motion for Pro Hac Vice Admission
`U.S. Patent No. 7,742,850
`
`
`studying prior art references, specifically including prior art references cited in the
`
`Petition, in the context of assessing the Petitioner’s invalidity contentions in the
`
`District Court Litigation. In addition, Mr. Supko has relevant technical knowledge
`
`and experience, having worked as a systems engineer for a major U.S. automaker
`
`developing computer-based control systems prior to becoming a lawyer.
`
`Accordingly, Mr. Supko has a well-established familiarity with the subject matter
`
`at issue in this proceeding.
`
`Further, the Patent Owner has expended significant time and financial
`
`resources in connection with the District Court Litigation with Mr. Supko as lead
`
`counsel, and the Patent Owner wishes to continue using Mr. Supko as counsel in
`
`this proceeding. Accordingly, the Patent Owner respectfully submits that there is
`
`good cause for the Board to recognize Mr. Supko 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 the Declaration
`
`of Mark M. Supko (Exhibit 2001) as required by the Order Authorizing Motion for
`
`Pro Hac Vice Admission. In this Declaration, Mr. Supko states compliance with
`
`the general requirements for pro hac vice admission, including that he is a member
`
`in good standing of the Bar of the State of New York and the Bar of the District of
`
`Columbia, and is admitted to practice before the U.S. Supreme Court, the U.S.
`
`3
`
`
`
`IPR2017-00650 Motion for Pro Hac Vice Admission
`U.S. Patent No. 7,742,850
`
`
`Courts of Appeals for the Federal Circuit and the Second Circuit, five Federal
`
`District Courts, and the U.S. Court of Federal Claims. Mr. Supko also states that
`
`he has never been suspended, disbarred, sanctioned, or cited for contempt by any
`
`court or administrative body; he has never had a court or administrative body deny
`
`his application for admission to practice; he 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 Title 37 of the Code of Federal Regulations; he agrees to be
`
`subject to the United States Patent and Trademark Office 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); and in the past three (3) years, he has not applied to appear
`
`pro hac vice in any proceedings before the United States Patent and Trademark
`
`Office (having last been admitted pro hac vice as counsel for the petitioner in BAE
`
`Systems Information and Electronic Systems Integration, Inc. v. Cheetah Omni,
`
`LLC, Case IPR2013-00175 (PTAB) on August 1, 2013), but he will be applying to
`
`appear pro hac vice in a number of pending proceedings at the Office that
`
`implicate other of Patent Owner’s patents asserted in the District Court Litigation:
`
`IPR2017-00580, IPR2017-00581, IPR2017-00582, and IPR2017-00584. In
`
`addition, Mr. Supko states that he has familiarity with the subject matter at issue in
`
`the inter partes review proceeding.
`
`4
`
`
`
`IPR2017-00650 Motion for Pro Hac Vice Admission
`U.S. Patent No. 7,742,850
`
`
`Respectfully submitted,
`
`
`March 10, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Jeffrey D. Sanok, Reg. # 32,169/
`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
`
`ATTORNEYS FOR PATENT OWNER
`
`5
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on March 10, 2017, I caused a true and correct copy of
`
`the foregoing materials:
`
` Motion for Pro Hac Vice Admission of Mark M. Supko Under 37
`
`C.F.R. § 42.10
`
`to be served via electronic mail on the following counsel of record for Petitioner:
`
`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
`
`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
`
`
`
`/Jeffrey D. Sanok/
`Jeffrey D. Sanok (Reg. No. 32,169)
`CROWELL & MORING LLP
`1001 Pennsylvania Avenue, N.W.
`
`
`
`IPR2017-00650 Motion for Pro Hac Vice Admission
`U.S. Patent No. 7,742,850
`
`
`Washington, D.C. 20004-2595
`Tel.: (202) 624-2500
`Fax: (202) 628-8844
`jsanok@crowell.com
`
`7
`
`