`571-272-7822
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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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`EMI PORTA OPCO, LLC
`Petitioner,
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`v.
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`WOODFOLD MANUFACTURING, INC.
`Patent Owner
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`Case PGR2018-00096
`Patent 9,879,471
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`Before PAULA CONN, Trial Paralegal
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`PATENT OWNER’S UNOPPOSED MOTION
`FOR PRO HAC VICE ADMISSION FOR
`NICHOLAS (NIKA) F. ALDRICH, JR.
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`Case PGR2018-00096
`Patent 9,879,471
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`Pursuant to 37 C.F.R. § 42.10, and the Board’s September 11, 2018, Notice
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`(Paper 3) authorizing the parties to file motions for pro hac vice admission, Patent
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`Owner requests that the Board admit Nicholas (Nika) F. Aldrich, Jr., pro hac vice
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`in this proceeding as back-up counsel. Counsel for Petitioner has informed the
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`undersigned that Petitioner does not oppose this motion.
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`The Board may recognize counsel pro hac vice during a proceeding on a
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`showing of good cause. “[W]here the lead counsel is a registered practitioner, a
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`motion to appear pro hac vice by counsel who is not a registered practitioner may
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`be granted upon showing that counsel is an experienced litigating attorney and has
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`an established familiarity with the subject matter at issue in the proceeding.” 37
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`C.F.R. § 42.10(c).
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`Here, lead counsel, Steven J. Prewitt, is a registered practitioner (Reg. No.
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`45,023). Mr. Aldrich is an experienced patent litigator at the same firm. As stated
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`in Mr. Aldrich’s declaration supporting this motion (“Declaration of Nika Aldrich
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`in Support of Patent Owner’s Unopposed Motion for Pro Hac Vice Admission for
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`Nicholas F. Aldrich,” Exhibit 2001), Mr. Aldrich has established familiarity with
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`the subject matter at issue in this proceeding. Mr. Aldrich is trial counsel and is
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`involved with the day-to-day handling of the underlying patent litigation in the
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`United States District Court for the Northern District of Illinois (Civ. No. 1:18-cv-
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`03984) concerning the patent at issue in this proceeding. As such, Mr. Aldrich has
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`Case PGR2018-00096
`Patent 9,879,471
`developed an in-depth understanding of the subject matter at issue in this
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`proceeding.
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`In view of Mr. Aldrich’s extensive knowledge of the precise subject matter
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`at issue in this proceeding, Patent Owner has a substantial need for Mr. Aldrich’s
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`pro hac vice admission and his involvement in the continued defense of this
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`proceeding. Admission of Mr. Aldrich pro hac vice will enable Patent Owner to
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`avoid unnecessary expense and duplication of work between this proceeding and
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`work already done for the district court litigation. See 77 Fed. Reg. 157 (Aug. 14,
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`2012), at 48661 (Office's comment on final rule discussing concerns about
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`efficiency and costs where an entity has already engaged counsel for parallel
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`district court litigation).
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`Additionally, this motion and Mr. Aldrich’s Declaration meet the other
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`requirements for pro hac vice admission set out in IPR2013-00639. Mr. Aldrich is
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`a member in good standing of the State Bars of Oregon, Washington and New
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`York, as well as several federal court bars; he has never been suspended or
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`sanctioned; and he has read and will comply with the Office’s and Board’s Rules
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`and Guides governing this proceeding. Mr. Aldrich has been admitted pro hac vice
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`in the following Inter Partes Review proceedings before the Board within the last
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`three years: IPR2016-01679, IPR2016-01680, IPR2017-00651, IPR2017-00789,
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`and IPR2017-01051. Other than the aforementioned IPR proceedings, and the
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`Case PGR2018-00096
`Patent 9,879,471
`immediate motion, Mr. Aldrich has not sought to appear pro hac vice in any other
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`proceeding before the Office in the last three years.
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`It is respectfully submitted that these facts establish good cause to recognize
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`Mr. Aldrich in this proceeding. Accordingly, Patent Owner respectfully requests
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`that the Board admit Mr. Aldrich pro hac vice in this proceeding.
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`Respectfully submitted,
`SCHWABE, WILLIAMSON & WYATT, P.C.
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`Date: October 3, 2018
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`By:
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`/Steven J. Prewitt /
`Steven J. Prewitt
`Reg. No.: 45,023
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`Attorneys for Patent Owner
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on the 3rd
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`day of October, 2018, a complete and entire copy of this PATENT OWNER’S
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`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION FOR
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`NICHOLAS (NIKA) F. ALDRICH, JR. was provided via electronic mail to the
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`Petitioner’s known representatives at the e-mail addresses noted below:
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`Edward L. Bishop
`ebishop@bdl-iplaw.com
`Nicholas S. Lee
`nlee@bdl-iplaw.com
`Avani C. Macaluso
`amacaluso@bdl-iplaw.com
`BISHOP DIEHL & LEE, LTD
`1475 East Woodfield Road, Suite 800
`Schaumburg, IL 60173
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`Respectfully submitted,
`SCHWABE, WILLIAMSON & WYATT, P.C.
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`By: /Steven J. Prewitt/
`Steven J. Prewitt, Reg. No.: 45,023
`Attorney for Patent Owner
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`-1-
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