`Filed: May 2, 2013
`
`Filed on behalf of: Bloomberg Inc. et al.
`By: Michael T. Rosato
`Brian D. Range
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue
`Suite 5100
`Seattle, WA 98104-7036
`Tel.: 206-883-2529
`Fax: 206-883-2699
`Email: mrosato@wsgr.com
`Email: brange@wsgr.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`Bloomberg Inc., Bloomberg L.P., Bloomberg Finance L.P., The Charles Schwab
`Corporation, Charles Schwab & Co., Inc., E*TRADE Financial Corporation,
`E*TRADE Securities LLC, E*TRADE Clearing LLC, optionsXpress Holdings
`Inc., optionsXpress, Inc., TD Ameritrade Holding Corp., TD Ameritrade, Inc., TD
`Ameritrade IP Company, Inc., and thinkorswim Group Inc.
`Petitioner,
`
`v.
`
`Patent of MARKETS-ALERT PTY LTD.
`Patent Owner.
`_____________________________
`
`Case CBM2013-00005 (JYC)
`Patent No. 7,941,357
`_____________________________
`
`DECLARATION OF MICHAEL B. LEVIN
`IN SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION
`
`BLOOMBERG ET AL – EXHIBIT 1034
`
`
`
`I, Michael B. Levin, state and declare as follows:
`
`1.
`
`2.
`
`I am a member in good standing of the Bar of the State of California.
`
`I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`3.
`
`I have never had a court or administrative body deny my application for
`
`admission to practice.
`
`4.
`
`I have never had any sanctions or contempt citations imposed by any court or
`
`administrative body.
`
`5.
`
`I have read and will comply with Office Patent Trial Practice Guide and the
`
`Board’s Rules of Practice for Trials, as set forth in Part 42 of the C.F.R.
`
`6.
`
`I agree to be subject to the United States Patent and Trademark Office 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).
`
`7.
`
`In the past three years, I have not appeared pro hac vice in any proceedings before
`
`the United States Patent and Trademark Office
`
`8.
`
`I am an experienced litigator and have an established familiarity with the subject
`
`matter at issue in the proceeding. I have been practicing law since 1994 and have extensive
`
`experience litigating intellectual property disputes across the country, including patent disputes
`
`in district court and before the U.S. International Trade Commission (ITC). I have been
`
`recognized in Northern California Super Lawyers every year since 2005. I am familiar with U.S.
`
`Patent No. 7,941,357 (“the ‘357 Patent”) and the issues involved in this case. I have been
`
`1
`
`
`
`representing Bloomberg et al. against Patent Owner Markets-Alert in pending District Court
`
`litigation since June 2012 when Markets-Alert asserted the ‘357 Patent.
`
`I have been actively
`
`involved as lead counsel for Bloomberg et al. throughout the life of the District Court case.
`
`11.
`
`I hereby declare that all statements made herein of my own knowledge are true
`
`and that all statements made on information and belief are believed to be true.
`
`Date: May 2, 2013
`
`/s/ Michael B. Levin______________
`Michael B. Levin
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`Email: mlevin@wsgr.com
`Tel.: 650-493-9300
`Fax: 650-493-6811
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing Petitioner’s Motion for Pro Hac Vice
`
`Admission of Michael B. Levin and Declaration of Michael B. Levin in Support of Petitioner’s
`
`Motion for Pro Hac Vice Admission of Michael B. Levin were served on May 2, 2013, at the
`
`following address of record for the subject patent:
`
`Andrew Y. Choung
`GLASER WEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO LLP
`10250 Constellation Boulevard, 19th Floor
`Los Angeles, CA 90067
`apruetz@glaserweil.com
`achoung@glaserweil.com
`lgibbs@glaserweil.com
`Tel.: 310-553-3000
`Fax: 310-785-3506
`
`William Fitzpatrick
`3700 Newport Blvd., Suite 101
`Newport Beach, CA 92663
`bill@frobbeintl.com
`Tel.: 518-573-2879
`
`/ Michael T. Rosato /
`Michael T. Rosato
`
`
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