UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00023
`Patent 5,966,440
`______________
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`LAUREN N. ROBINSON
`
`Pursuant to Rule 42.10(c), and as authorized in the Board’s Order on the
`
`Conduct of the Proceeding (Paper 19), Petitioner Apple Inc. (“Apple”) respectfully
`
`requests pro hac vice admission of Lauren N. Robinson as counsel in this
`
`proceeding.
`
`
`
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00023
`Patent 5,966,440
`______________
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`LAUREN N. ROBINSON
`
`Pursuant to Rule 42.10(c), and as authorized in the Board’s Order on the
`
`Conduct of the Proceeding (Paper 19), Petitioner Apple Inc. (“Apple”) respectfully
`
`requests pro hac vice admission of Lauren N. Robinson as counsel in this
`
`proceeding.
`
`
`
`
`
`I.
`
`Time for Filing
`
`This Motion is timely because it is being filed no sooner than twenty one
`
`(21) days after service of the Petition in this proceeding, which occurred on May 6,
`
`CBM2013-00023
`Patent 5,966,440
`
`2013.
`
`II.
`
`Statement of Facts
`
`The following statement of facts demonstrates that there is good cause for
`
`the Board to recognize Lauren N. Robinson as counsel pro hac vice in this
`
`proceeding.
`
`Ms. Robinson is an experienced litigation attorney and has an established
`
`familiarity with the subject matter at issue in this proceeding. Ms. Robinson has
`
`been practicing law since 2008 and has extensive experience litigating patent
`
`infringement cases in different District Courts across the country. Among her
`
`experience in patent litigation matters, Lauren N. Robinson has participated in
`
`multiple trials, Markman hearings, and other patent-related hearings and pleadings
`
`concerning, inter alia, patent validity and infringement issues. Ms. Robinson has
`
`also been recognized as a leading patent litigation attorney, including as a Northern
`
`California Super Lawyers Rising Star (2010, 2013).
`
`Ms. Robinson is familiar with U.S. Patent No. 5,966,440 (“the ‘440 Patent”)
`
`and the issues involved in this case. Ms. Robinson has been representing Apple
`
`against Patent Owner SightSound Technologies LLC (“SightSound”) as counsel in
`
`
`
`
`-2-
`
`
`
`CBM2013-00023
`Patent 5,966,440
`pending District Court litigation—where SightSound filed its infringement action
`
`asserting the ‘440 Patent and the related U.S. Patent Nos. 5,191,573 and 5,675,734
`
`against Apple—since 2012, and has been actively involved as counsel for Apple
`
`since that time. As counsel in the District Court litigation, Ms. Robinson has,
`
`among other things, been heavily involved with forming invalidity positions
`
`against SightSound’s patents. Accordingly, Apple prefers that Ms. Robinson
`
`continue as counsel in this CBM proceeding as well; and, further, SightSound does
`
`not oppose Ms. Robinson’s admission pro hac vice.
`
`III.
`
`Declaration of Lauren N. Robinson
`
`As directed by the Board, this Motion is also accompanied by the
`
`Declaration of Lauren N. Robinson in Support of Motion for Pro Hac Vice
`
`Admission attesting to the requirements laid out in the Board’s Order Authorizing
`
`Motion for Pro Hac Vice Admission in Case IPR2013-00639 (Paper 7).
`
`For the foregoing reasons as well as the reasons contained in the attached
`
`declaration, Apple respectfully requests admission of Lauren N. Robinson as
`
`Respectfully submitted,
`By: /J. Steven Baughman/
`
`J. Steven Baughman, Lead Counsel
`Ching-Lee Fukuda
`ROPES & GRAY LLP
`
`counsel pro hac vice.
`
`
`
`Dated: March 24, 2014
`
`
`
`
`-3-
`
`
`
`CBM2013-00023
`Patent 5,966,440
`
`Prudential Tower
`800 Boylston Street
`Boston, Massachusetts 02199-3600
`Steven.baughman@ropesgray.com
`Ching-Lee.fukuda@ropesgray.com
`
`Attorneys for Petitioner Apple Inc.
`
`
`
`
`
`
`
`-4-
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00023
`Patent 5,966,440
`______________
`
`DECLARATION OF LAUREN N. ROBINSON IN SUPPORT OF MOTION
`FOR PRO HAC VICE ADMISSION
`
`I, Lauren N. Robinson, being duly sworn and upon oath, hereby attest to the
`
`following:
`
`1.
`
`2.
`
`I am a member in good standing of the Bar of California.
`
`I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`3.
`
`I have never been denied an application for admission to practice before any
`
`court or administrative body.
`
`4.
`
`No sanction or contempt citation has ever been imposed against me by any
`
`court or administrative body.
`
`
`
`CBM2013-00023
`Patent 5,966,440
`I have read and will comply with the Office Patent Trial Practice Guide and
`
`5.
`
`the Board’s Rules of Practice for Trials set forth in part 42 of the Code of Federal
`
`Regulations.
`
`6.
`
`I will be subject to the USPTO Rules of Professional Conduct set forth in 37
`
`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`7.
`
`In the last three (3) years, I have not applied to appear pro hac vice before
`
`the Office in any other matters. Concurrently with the present motion, I intend to
`
`file a motion to apply to appear pro hac vice before the Office in CBM2013-00020,
`
`also involving SightSound.
`
`8.
`
`I am an experienced litigation attorney having familiarity with the subject
`
`matter at issue in this proceeding. I have been practicing law since 2008 and have
`
`extensive experience litigating patent infringement cases in many different District
`
`Courts across the country, including participation in multiple trials, Markman
`
`hearings, and other patent-related hearings and pleadings concerning, inter alia,
`
`patent validity and/or infringement. I have received professional recognition in the
`
`field of patent litigation, including as a Northern California Super Lawyers Rising
`
`Star (2010, 2013). I am very familiar with U.S. Patent No. 5,966,440 (“the ‘440
`
`Patent”) and the issues involved in this case. I have represented Apple against
`
`SightSound in the pending District Court litigation since 2012, and have been
`
`actively involved as counsel for Apple since that time. As counsel in the District
`
`
`
`
`-2-
`
`
`
`CBM2013-00023
`Patent 5,966,440
`Court litigation, I have, among other things, been heavily involved with forming
`
`invalidity positions against SightSound’s ‘440 patent and related patents.
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed
`
`this 24th day of March, 2014, in East Palo Alto, CA.
`
`
`
`Lauren N. Robinson
`
`
`
`
`
`
`
`
`
`
`-3-
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing UNOPPOSED
`
`MOTION FOR PRO HAC VICE ADMISSION OF LAUREN N. ROBINSON and
`
`DECLARATION OF LAUREN N. ROBINSON IN SUPPORT OF MOTION
`
`FOR PRO HAC VICE ADMISSION was served on March 24, 2014, to the
`
`following Counsel for Patent Owner via e-mail, pursuant to the parties’ agreement
`
` /s/ Megan F. Raymond
`Megan F. Raymond
`
`ROPES & GRAY LLP
`
`
`
`
`
`concerning service:
`
`David R. Marsh, Lead Counsel
`Kristan L. Lansbery
`Arnold & Porter LLP
`555 12th St., NW
`Washington, DC 20004
`david.marsh@aporter.com
`kristan.lansbery@aporter.com
`
`Attorneys for Patent Owner
`SightSound Technologies, LLC
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