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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`SAP AMERICA, INC. ET AL.
`Petitioner
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`v.
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`Patent of VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner
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`_______________
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`Case CBM2012-00001
`Patent 6,553,350
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`_______________
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`PATENT OWNER VERSATA DEVELOPMENT GROUP, INC.’S
`MOTION FOR ADMISSION PRO HAC VICE
`OF SCOTT L. COLE
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`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I.
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`Relief Requested
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`
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`Pursuant to 37 C.F.R. § 42.10 and the Order – Authorizing Motions for Pro Hac Vice
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`Admission – 37 C.F.R. § 42.10, dated October 15, 2012 (Paper 9), Patent Owner, Versata
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`Development Group, Inc., requests that the Board admit Scott L. Cole pro hac vice in this
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`proceeding.
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`II.
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`
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`Statement of Facts Showing There is Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel pro hac vice
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`during a proceeding upon a showing of good cause, subject to the condition that lead counsel be
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`a registered practitioner and to any other conditions as the Board may impose. § 42.10(c)
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`indicates that, “where lead counsel is a registered practitioner, a motion to appear pro hac vice
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`may be granted upon a showing that counsel is an experienced litigating attorney and has an
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`established familiarity with the subject matter at issue in the proceeding.” The facts here
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`establish good cause for the Board to recognize Scott Cole pro hac vice during this proceeding.
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`1.
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`2.
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`Lead counsel, Nancy J. Linck, is a registered practitioner.
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`Counsel, Scott L. Cole, is an experienced litigating attorney and has an
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`established familiarity with the subject matter at issue in the proceeding. Accompanying this
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`motion is the Declaration Scott L. Cole in Support of Motion for Admission Pro Hac Vice
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`(“Cole Dec.”). In the Cole Dec., Mr. Cole states, inter alia, that: “I am a member in good
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`standing of the Bar of the State of Texas and am admitted to practice in the United States District
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`2
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`Court for the Eastern, Western, and Northern Districts of Texas, the Court of Appeals for the
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`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
`
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`Fifth Circuit, and the Court of Appeals for the Federal Circuit. I have been in private practice
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`since 1994 and have been litigating patent cases since 2004.” Cole Dec., ¶ 1. He also states that:
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`“I am familiar with the subject matter at issue in this proceeding. I am lead counsel in the
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`Versata v. SAP patent infringement litigation (Civil Action No. 07-cv-00153), which involved
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`the same patent at issue in this proceeding.” Id., ¶ 8.
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` 3.
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`In the Cole Dec., Mr. Cole attests to each of the listed items required by Section
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`2.b. of the Order – Authorizing Motions for Pro Hac Vice Admission – 37 C.F.R. § 42.10, dated
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`October 15, 2012 (Paper 9). See Cole Dec., ¶¶ 1-8.
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`III. Conclusion
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`For the foregoing reasons, Patent Owner, Versata Development Group, Inc., respectfully
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`requests that the Board admit Scott L. Cole pro hac vice in this proceeding.
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`Respectfully submitted,
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`By:
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`
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`
`
`/s/ Martin M. Zoltick
`Martin M. Zoltick, Reg. No. 35,745
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
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`Date: October 24, 2012
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`3
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`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 24th day of October, 2012, a true and correct copy of the
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`foregoing PATENT OWNER VERSATA DEVELOPMENT GROUP, INC.’S MOTION FOR
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`ADMISSION PRO HAC VICE OF SCOTT L. COLE and DECLARATION OF SCOTT L.
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`COLE IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, were served via
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`electronic mail and overnight courier upon the following counsel of record for Petitioners SAP
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`America, Inc. and SAP AG:
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`Erika H. Arner, Lead Counsel
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`11955 Freedom Dr.
`Reston, VA 20190-5675
`Service E-mail: SAP-PGR@finnegan.com
`
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`Michael L. Kiklis, Back-up Counsel
`Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.
`1940 Duke Street
`Alexandria, VA 22314
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`/s/ Erik van Leeuwen
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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