`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`FUEL AUTOMATION STATION, LLC.
`Petitioner,
`
`v.
`
`FRAC SHACK INC,
`Patent Owner
`
`
`
`CASE IPR2017-01349
`United States Patent No. 9,346,662
`
`
`
`
`
`PETITIONER FUEL AUTOMATION STATION, LLC.’S
`MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10(C)
`
`
`
`
`
`Fuel Automation Station, LLC’s Motion for Pro Hac Vice Admission IPR2017-01349
`(9,346,662)
`
`
`
`
`This unopposed Motion for Pro Hac Vice admission is filed on behalf of
`
`Fuel Automation Station, LLC (“FAS” or “Petitioner”). FAS respectfully moves
`
`that the Board recognize Steven Susser as counsel pro hac vice during this
`
`proceeding. Patent Owner does not oppose this motion.
`
`
`1.
`
`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.
`
`
`2.
`
`Statement of Facts Showing Good Cause for Admission of Counsel Pro
`
`Hac Vice
`
`
`
`
`
`Petitioner’s lead and back-up counsel are registered petitioners:
`
`Lead Counsel: Matthew L. Koziarz, Reg. No. 53,154; and
`
`Backup Counsel: Alex Szypa, Reg. No. 70,374.
`
`Mr. Susser is a skilled litigator, has extensively participated in the co-
`
`pending litigation in federal district court involving the patent at issue in this
`
`proceeding, and if admitted, will be involved with the depositions that occur in
`
`this proceeding. U.S. Patent No. 9,346,662 is currently asserted by the Patent
`
`Owner in co-pending litigation, in the District of Colorado, 1:16-cv-02275 (Frac
`
`Shack Inc. v. Atlas Oil Company and Fuel Automation Station, LLC) (“the co-
`
`pending litigation”). Mr. Susser is a member of the Michigan bar in good standing,
`
`
`
`Fuel Automation Station, LLC’s Motion for Pro Hac Vice Admission IPR2017-01349
`(9,346,662)
`
`and is representing the Petitioner in the co-pending litigation.
`
`Mr. Susser has analyzed prior art references and claim charts in connect
`
`with invalidity contentions and has been involved in forming claim construction
`
`positions related to the claim inventions, all of which are relevant to the petition
`
`requesting inter partes review of U.S. Patent No. 9,346,662. Petitioner wishes to
`
`apply Mr. Susser’s knowledge of the patent by employing him as counsel in this
`
`proceeding. Admission of Mr. Susser pro hac vice will enable Petitioner to avoid
`
`unnecessary expense and duplication of work between this proceeding and the co-
`
`pending litigation.
`
`Petitioner’s lead and backup counsel are registered practitioners and Mr.
`
`Susser is an experienced litigation attorney having familiarity with the subject
`
`matter at issue in this proceeding. Therefore, Petitioner respectfully submits that
`
`there is good cause for the Board to recognize Mr. Susser as counsel pro hac vice
`
`during this proceeding.
`
`
`3.
`
`
`Affidavit of Individual Seeking to Appear
`
`This Motion for Pro Hac Vice Admission is supported by an Affidavit of
`
`Mr. Susser (Ex. 1036).
`
`
`
`
`
`
`
`
`
`Fuel Automation Station, LLC’s Motion for Pro Hac Vice Admission IPR2017-01349
`(9,346,662)
`
`Dated:
`
`August 8, 2017
`
`Respectfully submitted,
`
`/Matthew L. Koziarz/
`Matthew L. Koziarz, Reg. No. 53,154
`Alex Szypa, Reg. No. 70,374
`CARLSON, GASKEY & OLDS, P.C.
`400 West Maple Rd., Ste. 350
`Birmingham, MI 48009
`T: 248-988-8360
`Attorneys for Petitioner
`
`
`
`Fuel Automation Station, LLC’s Motion for Pro Hac Vice Admission IPR2017-01349
`(9,346,662)
`
`PETITIONER’S EXHIBIST LIST IPR 2017-01349
`
`Exhibit No.
`Ex. 1036
`
`Description
`Affidavit of Steven Susser in Support of
`Petitioner’s Motion for Pro Hac Vice
`Admission
`
`
`
`Fuel Automation Station, LLC’s Motion for Pro Hac Vice Admission IPR2017-01349
`(9,346,662)
`
`Exhibit 1036
`
`Affidavit of Steven Susser
`
`I, Steven Susser, affirm under oath the following relative to Petitioner’s
`
`Motion for Pro Hac Vice Admission:
`
`a.
`
`b.
`
`I am a member in good standing of the Bar of the State of Michigan;
`
`I am not, and have never been, under suspension or disbarment from
`
`practice before any court or administrative body;
`
`c.
`
`No application for my admission to practice before any court or
`
`administrative body has ever been denied;
`
`d.
`
`No sanctions or contempt citations have been imposed by any court or
`
`administrative body against me;
`
`e.
`
`I have read and will comply with the Office Patent Trial Practice Guide and
`
`the Board’s Rules of Practice for Trials set froth in part 42 of the C.F.R.;
`
`f.
`
`Admission Pro Hac Vice will subject me to the USPTO Code of
`
`Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary
`
`jurisdiction under 37 C.F.R. §§ 11.19(a);
`
`g.
`
`I am familiar with the subject matter at issue in this proceeding.
`
`WHEREFORE, I respectfully request to be admitted pro hac vice.
`
`I verify under penalty of perjury that the foregoing is true and correct.
`
`
`
`Fuel Automation Station, LLC's Motion for Pro Hac Vice Admission
`(9,346,662)
`Dated: August 8,2017
`
`Respectfu lly submitted,
`
`IPR2017-01349
`
`teven Susser
`CARLSON, GASKEY & OLDS, P.C
`400 West Maple Rd., Ste. 350
`Birmingham, MI 48009
`T:248-988-8360
`Attorneys þr Petitioner
`
`Sworn to b
`
`^"thirff aav or Ä#/1
`
`2017
`
`Public
`
`JAMIE C. SOLIMAN
`NOTARY PUELIC. STATE OF MICHIGAN
`COUNTY OF OAKLAND
`My Gommission Expires April.t F, 2gZ2
`Aðting in the Couniy ot ù{Llt^d
`
`
`
`Fuel Automation Station, LLC’s Motion for Pro Hac Vice Admission IPR2017-01349
`(9,346,662)
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 8, 2017, a true and correct copy of
`the foregoing Motion for Pro Hac Vice Admission was served on Patent Owner
`at the following email addresses:
`
`Gary Fischman
`fischman@fischmaniplaw.com
`
`Ed Goldstein
`egoldstein@gliplaw.com
`
`Joshua S. Wyde
`jwyde@wydelegal.com
`
`/Matthew L. Koziarz/
`Matthew L. Koziarz, Reg. No. 53,154
`Alex Szypa, Reg. No. 70,374
`CARLSON, GASKEY & OLDS, P.C.
`400 West Maple Rd., Ste. 350
`Birmingham, MI 48009
`T: 248-988-8360
`Attorneys for Petitioner
`
`August 8, 2017
`
`
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