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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Inventor: Jeffery Bruce McGeorge
`United States Patent No.: 7,941,357
`Formerly Application No.: 10/451022
`Issue Date: January 25, 2011
`PCT Filing Date: October 26, 2001
`Former Examiner: Ella Colbert
`
`§ Attorney Docket No.: FOR-2012411
`§
`§
`§
`53‘ Case No: CBM2013-00005
`§ Patent Owner: Market-Alerts Pty Ltd
`
`For: Trading System
`
`MAIL STOP PATENT BOARD
`
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`Post Office Box 1450
`
`Alexandria, Virginia 22313-1450
`
`MARKETS—ALERT’S MOTION FOR
`PRO IIAC VICE ADNHSSION OF ADRIAN PRUETZ
`
`I.
`
`Relief Requested
`
`Pursuant to 37 C.F.R. § 42.10 and Patent Owner’s Request for Authorization to file for
`
`Pro Hac Vice admission filed concurrently herewith and dated November 8, 2012, Patent Owner,
`
`Markets-Alert Pty Ltd requests that the Board admit Adrian Pruetzpro hac vice in this
`
`proceeding.
`
`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. § 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 facts here
`
`establish good cause for the Board to recognize Adrian Pruetz pro hac vice during this
`
`proceeding.
`
`1.
`
`2.
`
`Lead counsel, Andrew Choung, is a registered practitioner.
`
`Counsel, Adrian Pruetz, is an experienced litigator and has an established
`
`familiarity with the subject matter at issue in the proceeding. Accompanying this motion is the
`
`Declaration of Adrian Pruetz in Support of this Motion for Admission Pro Hac Vice of Adrian
`
`Pruetz (“Pruetz Dec”). In her declaration, Ms. Pruetz attests, inter alia, that: “I am a member in
`
`good standing of the Bar of the State of California and am admitted to practice before the United
`
`States Supreme Court, Courts of Appeal for the Seventh, Ninth and Federal Circuits, and United
`
`States District Courts for the Central, Northern, Southern and Eastern Districts of California, the
`
`Northern District of Illinois, the Eastern District of Texas, the District of Colorado, the Eastern
`
`and Western Districts of Wisconsin, the Eastern District of Michigan and all California state
`
`courts.
`
`I am a member of the Los Angeles Intellectual Property Law Association (LAIPLA), and
`
`the American, Federal and California Bar Associations. 1 have been in private practice and
`
`litigating patent cases May, 1982....” Pmetz Dec., 112-4. Ms. Pruetz also attests that: “I am
`
`familiar with the subject matter at issue in this proceeding.
`
`I am lead counsel in each of the
`
`following proceedings, which are related to and involve the same patent at issue in this
`
`proceeding:
`
`i.)
`
`ii.)
`
`Markets—Alert Pty. Ltd. 12. Bloomberg Finance LP. or al, Civil Action No. 1:12-
`CV-00780-GMS, D. Del. (filed June 20, 2012).
`
`Markets—Alert Pty. Ltd. v. The Charles Schwab Corporation 61‘ al., Civil Action
`No. 1:12-CV-00781-GMS, D. De]. (filed June 20, 2012).
`
`

`

`iii.)
`
`Markers—Alert Pty. Ltd. v. E*TRADE CLEARING LLC at 01., Civil Action
`No. 1:12-CV-00782-GMS, D. De]. (filed June 20, 2012).
`
`iv.) Markets-Alert Pry. Ltd v. TD Ameritrade Holding Corp. et al., Civil Action
`No. 1:12-CV-00783-GMS, D. Del. (filed June 20, 2012).
`
`Markets-Alert Ply. Ltd. v.0M Securities LLC et al., Civil Action No.
`1:12-CV-00784-GMS, D. Del. (filed June 20, 2012).
`
`Markets—Alert Pty. Ltd. V. eSignal.com Inc. at al. , Civil Action No.
`1:12-CV-00785-GMS, D. De]. (filed June 20, 2012).
`
`v.)
`
`Vi.)
`
`Id., 11 10.
`
`3.
`
`In her declaration, Ms. Prue-t2 also attests to each of the listed items required by 37 CPR.
`
`§42.10(c). See Pruetz Dee., 1111 1-11.
`
`III.
`
`Conclusion
`
`For the foregoing reasons, Markets—Alert Pty Ltd respectfully requests that the Board
`
`admit Adrian Pruetz pro hac vice in this proceeding.
`
`Respectfully Submitted,
`
`ls/ Andrew Choun
`
`Andrew Chonng, Lead Counsel
`USPTO Reg. No. 46622
`GLASER WEIL FINK JACOBS HOWARD
`AVCHEN & SHAPIRO LLP
`
`10250 Constellation Boulevard, 19th Floor
`
`Los Angeles, CA 90067
`achoung@glaserwei1.com
`Tel: 310-553-3000
`Fax: 310-785-3506
`
`November 8, 2012
`
`

`

`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing PATENT OWNER MARKETS-ALERTS
`
`MOTION FOR ADMISSION PRO MC VICE OF ADRIAN PRUETZ was served on
`
`November 9, 2012 by causing it to be deposited in the United States Postal Service as Express
`
`Mail (Label No. E: 37' 5 2 C9 0‘ 1 '2 8
`
`J postage pre-paid in an envelope addressed to
`
`counsel for petitioner at the following address:
`
`Michael T. Rosato, Lead Counsel
`USPTO Reg. No. 52,182
`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
`
`Brian D. Range, Back-up Counsel
`USPTO Reg. No. 48,437
`WILSON SONSINI GOODRICH & ROSATI
`
`900 South Capital of Texas Hwy Las Cimas IV, Fifth Floor
`Austin, TX 78746-5546
`Tel: 512—338—5478
`Fax: 512-338—5499
`
`Email: brange@wsgr.com
`
`

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