`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
`_____________________________
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL B. LEVIN
`
`
`
`I.
`
`Relief Requested
`
`Pursuant to 37 C.F.R. § 42.10(c), Petitioner Bloomberg Inc. et al. respectfully requests
`
`pro hac vice admission of Michael B. Levin as counsel in this proceeding. Pursuant to Paper No.
`
`12 in this proceeding, the Board authorized both parties to file motions for pro hac vice
`
`admission under 37 C.F.R. § 41.10(c). See also, Paper No. 17 confirming authorization and
`
`indicating that there is was no need for the parties to obtain further authorization by the Board.
`
`II.
`
`Statement of Facts Showing Good Cause for the Board to Recognize Counsel Pro
`Hac Vice During the Proceeding
`
`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel pro hac vice
`
`during a proceeding upon a showing of good cause, subject to the condition that lead counsel be
`
`a registered practitioner and to any other conditions as the Board may impose. Board Rule §
`
`42.10(c) indicates that, “where lead counsel is a registered practitioner, a motion to appear pro
`
`hac vice may be granted upon a showing that counsel is an experienced litigating attorney and
`
`has an established familiarity with the subject matter at issue in the proceeding.”
`
`The following statement of facts establishes good cause for the Board to recognize
`
`Michael B. Levin as counsel pro hac vice in this proceeding.
`
`1.
`
`2.
`
`Lead Counsel, Michael T. Rosato, is a registered practitioner.
`
`Counsel, Michael B. Levin, is an experienced litigator and has an established
`
`familiarity with the subject matter at issue in the proceeding. Mr. Levin has been practicing law
`
`since 1995 and has extensive experience litigating intellectual property disputes across the
`
`country, including patent disputes in district court and before the U.S. International Trade
`
`Commission (ITC). Mr. Levin has been recognized in Northern California Super Lawyers every
`
`1
`
`
`
`year since 2005. Mr. Levin is familiar with U.S. Patent No. 7,941,357 (“the ‘357 Patent”) and
`
`the issues involved in this case. Mr. Levin has been representing Bloomberg et al. against Patent
`
`Owner Markets-Alert in pending District Court litigation since June 2012 when Markets-Alert
`
`asserted the ‘357 Patent. Mr. Levin has been actively involved as lead counsel for Bloomberg et
`
`al. throughout the life of the District Court case.
`
`3.
`
`In his accompanying declaration, Mr. Levin also attests to each of the listed items
`
`in the Board’s Order Authorizing Motion for Pro Hac Vice Admission in Case IPR2013-
`
`00010(MPT) (Paper 6). See Declaration of Michael B. Levin (Exhibit No. 1034).
`
`III.
`
`Conclusion
`For the foregoing reasons, Bloomberg Inc. et al. respectfully requests that the Board
`
`admit Michael P. Levin as counsel pro hac vice in this proceeding.
`
`Respectfully submitted,
`
`Date: May 2, 2013
`
`/ Michael T. Rosato /
`Michael T. Rosato
`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
`
`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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