`______________
`
`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 JAMES R.
`BATCHELDER
`
`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 James R. Batchelder 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,
`
`2013.
`
`II.
`
`Statement of Facts
`
`The following statement of facts demonstrates that there is good cause for
`
`the Board to recognize James R. Batchelder as counsel pro hac vice in this
`
`proceeding.
`
`Mr. Batchelder is an experienced litigation attorney and has an established
`
`familiarity with the subject matter at issue in this proceeding. Mr. Batchelder has
`
`been practicing law since 1988 and has extensive experience litigating patent
`
`infringement cases in many different District Courts across the country. Among
`
`his experience in patent litigation matters, Mr. Batchelder has been lead counsel in
`
`multiple trials, Markman hearings, patent summary judgment proceedings, and
`
`other patent-related hearings and pleadings concerning, inter alia, patent validity
`
`and infringement issues. Mr. Batchelder has also been recognized as a leading
`
`patent litigation attorney by several different organizations, including The Best
`
`Lawyers in America (2013), Northern California Super Lawyers (2013), IAM
`
`Patent 100 – The World’s Leading Patent Practitioners (2013), and Managing IP –
`
`“IP Star” (2013).
`
`
`
`
`-2-
`
`
`
`Mr. Batchelder is familiar with U.S. Patent No. 5,966,440 (“the ‘440
`
`Patent”) and the issues involved in this case. Mr. Batchelder has been representing
`
`Apple against Patent Owner SightSound Technologies LLC (“SightSound”) as lead
`
`counsel in pending District Court litigation since shortly after October 2011 when
`
`SightSound first filed its infringement action involving its patents against Apple—
`
`asserting the ‘440 Patent and the related U.S. Patent Nos. 5,675,734 and 5,191,573.
`
`Mr. Batchelder has been actively involved as lead counsel for Apple throughout
`
`the life of the District Court case. As lead counsel in the District Court litigation,
`
`Mr. Batchelder has, among other things, been heavily involved with forming non-
`
`infringement and invalidity positions against SightSound’s patents. Accordingly,
`
`Apple prefers that Mr. Batchelder continue as counsel in this CBM proceeding as
`
`well; and, further, SightSound does not oppose Mr. Batchelder’s admission pro
`
`hac vice.
`
`III.
`
`Declaration of James R. Batchelder
`
`As directed by the Board, this Motion is also accompanied by the
`
`Declaration of James R. Batchelder 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).
`
`
`
`
`-3-
`
`
`
`For the foregoing reasons as well as the reasons contained in the attached
`
`declaration, Apple respectfully requests admission of James R. Batchelder as
`
`counsel pro hac vice.
`
`
`
`
`
`Dated: November 12, 2013
`
`Respectfully submitted,
`By: /J. Steven Baughman/
`
`J. Steven Baughman, Lead Counsel
`Ching-Lee Fukuda
`ROPES & GRAY LLP
`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 JAMES R. BATCHELDER IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`I, James R. Batchelder, 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.
`
`
`
`5.
`
`I have read and will comply with the Office Patent Trial Practice Guide and
`
`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 1988 and have
`
`extensive experience litigating patent infringement cases in many different District
`
`Courts across the country, including participation in multiple trials, Markman
`
`hearings, patent summary judgment proceedings, 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 by several
`
`different organizations, including The Best Lawyers in America (2013), Northern
`
`California Super Lawyers (2013), IAM Patent 100 – The World’s Leading Patent
`
`Practitioners (2013), and Managing IP – “IP Star” (2013). I am very familiar
`
`with U.S. Patent No. 5,966,440 (“the ‘440 Patent”) and the issues involved in this
`
`
`
`
`-2-
`
`
`
`case. I have represented Apple against SightSound as lead counsel in the pending
`
`District Court litigation since shortly after October 2011when SightSound filed its
`
`infringement action involving its patent portfolio against Apple— asserting the
`
`‘440 Patent and the related U.S. Patent Nos. 5,675,734 and 5,191,573. I have been
`
`actively involved as lead counsel for Apple throughout the life of the District Court
`
`case. As lead counsel in the District Court litigation, I have, among other things,
`
`been heavily involved with forming non-infringement and 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 12th day of November, 2013, in Chicago, IL.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`James R. Batchelder
`
`-3-
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing UNOPPOSED
`
`MOTION FOR PRO HAC VICE ADMISSION OF JAMES R. BATCHELDER
`
`and DECLARATION OF JAMES R. BATCHELDER IN SUPPORT OF
`
`MOTION FOR PRO HAC VICE ADMISSION was served on November 12,
`
`2013, to the following Counsel for Patent Owner via e-mail, pursuant to the
`
`parties’ agreement 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
`
`
`
` /s/ Megan F. Raymond
`Megan F. Raymond
`
`ROPES & GRAY LLP
`
`
`
`
`
`