UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case No.: 20-22051-CIV-GAYLES

SISVEL INTERNATIONAL S.A., 3G 

LICENSING S.A., and SISVEL S.p.A., 

Plaintiffs,

v.

HMD AMERICA, INC. and HMD 

GLOBAL OY,

Defendants.

DEFENDANTS HMD AMERICA, INC. AND HMD GLOBAL OY’S 

WRITTEN OBJECTIONS TO PROPOSED CANDIDATES FOR SPECIAL MASTER

Pursuant to the Court’s order dated June 24, 2021 (D.I. 101), Defendants (collectively, 

“HMD”) provide their written objections to the special master candidates proposed by Plaintiffs 

(collectively, “Sisvel”).

Case 1:20-cv-22051-DPG Document 106 Entered on FLSD Docket 07/15/2021 Page 1 of 3
2

The Special Master candidates proposed by HMD and Sisvel are all accomplished litigators. 

But Steven Bauer and William Dyer exemplify the three criteria the parties agreed to. HMD 

respectfully submits that the two other criteria Sisvel proposes are immaterial to this appointment.

The parties agreed on “experience litigating claim construction” as a selection criterion.

Sisvel states that Ury Fischer has “extensive experience litigating all aspects of patent litigation 

including claim construction.” (D.I. 103 at 1.) But neither Sisvel nor Mr. Fischer identify how 

often he has participated in claim construction proceedings or his depth of involvement (i.e. as 

lead counsel, as a special master, or otherwise). (Id.; D.I. 103-2.) Sisvel does not highlight David

Friedland’s involvement in patent litigation at any level. (D.I. 103 at 2-3; D.I. 103-1.) In contrast,

HMD identified that Mr. Bauer has been “lead counsel in, and presented at, over 50 claim 

construction hearings,” and that Mr. Dyer presented oral argument at approximately 20 claim 

construction hearings. (D.I. 104 at 2-3.) 

The parties also agreed to the criterion “experience as a neutral in patent disputes.” Sisvel 

identifies no such experience for Messrs. Friedland or Fischer. (D.I. 103.) Mr. Friedland lists two 

such patent-related appointments in his C.V. (D.I. 103-1 at 3-4.) Mr. Fischer lists none. (D.I. 103-

2.) In contrast, Mr. Dyer has been appointed as Special Master for claim construction seven times, 

and every report and recommendation he has issued has been adopted in full. (D.I. 104 at 3.) Mr. 

Bauer addressed over a dozen cases involving claim construction as a Federal Circuit clerk, and 

now serves as a full-time neutral for patent and IP matters. (Id. at 2). 

The parties also agreed to the criterion “education and experience in the relevant technical 

field.” While all four candidates have technical degrees, Mr. Bauer holds an advanced degree in 

computer science, and Mr. Dyer worked as a communications engineer. (Id. at 2-3.) 

HMD disputes the value of Sisvel’s proposed criteria “proximity to the jurisdiction and the 

parties” and “knowledge of practice in the jurisdiction.” Claim construction is governed by 

substantive federal patent law and Federal Circuit precedent. The Court’s Markman procedure is 

not unique to this jurisdiction. Local practice might have influenced the briefing process—but 

claim construction in this case has already been briefed; all that remains is to hear argument and 

issue recommended constructions. HMD respectfully submits that the patent-specific and technical 

experience offered by Messrs. Bauer and Dyer—experience the parties agree is important to the 

Special Master’s task—outweighs any benefit arising from practice experience in this District or 

Circuit—which, to be clear, Messrs. Bauer and Dyer both have. (D.I. 104 at 2-3). 

Case 1:20-cv-22051-DPG Document 106 Entered on FLSD Docket 07/15/2021 Page 2 of 3
3

Dated: July 15, 2021

WILLIAM J. MCCABE, Esq.

Pro hac vice

wmccabe@perkinscoie.com

GENE W. LEE, Esq.

Pro hac vice

glee@perkinscoie.com

MATTHEW J. MOFFA, Esq.

Pro hac vice

mmoffa@perkinscoie.com

PERKINS COIE LLP

1155 Avenue of the Americas, 22nd floor

New York, NY 10036

Telephone: (212) 262-6900

Facsimile: (212) 977-1649

SHYAMKRISHNA PALAIYANUR, Esq.

Admitted pro hac vice

spalaiyanur@perkinscoie.com

PERKINS COIE LLP

500 W 2nd Street, Suite 1900

Austin, TX 78701

Telephone: (737) 256-6114

Facsimile: (737) 256-6300

/s/ Joseph W. Bain

JOSEPH W. BAIN, ESQ.

Florida Bar No. 860360

Email Address: jbain@shutts.com

SHUTTS & BOWEN LLP

1100 CityPlace Tower

525 Okeechobee Boulevard

West Palm Beach, Florida 33401

Telephone: (561) 835-8500

Facsimile: (561) 650-8530

ATTORNEYS FOR DEFENDANTS

HMD AMERICA, INC., AND

HMD GLOBAL OY

Case 1:20-cv-22051-DPG Document 106 Entered on FLSD Docket 07/15/2021 Page 3 of 3