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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner
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`v.
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`SMARTFLASH LLC,
`Patent Owner
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`CBM2014-00192 (Patent 8,033,458 B2)
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`PETITIONER SAMSUNG’S
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`Proceeding No.: CBM2014-00192
`Attorney Docket: 39843-0005CP1
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`Pursuant to 37 C.F.R. § 42.10(c), the Petitioner SAMSUNG
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`ELECTRONICS AMERICA, INC. and SAMSUNG ELECTRONICS CO., LTD.
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`(“Samsung”) respectfully requests that the Board recognize Mr. Ralph A. Phillips
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`as counsel pro hac vice in this proceeding. Samsung seeks the counsel of Mr.
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`Phillips due to his experience in patent-related matters and particularly due to his
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`familiarity with the substantive and technical issues involved in this proceeding.
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`This motion is authorized by the Notice of Filing Date Accorded to Petition and
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`Time for Filing Patent Owner Preliminary Response that was mailed on October 6,
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`2014.
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`Statement of Facts
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`Mr. Phillips is a patent litigation attorney with more than 15 years of
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`experience representing clients in cases involving consumer electronics, computer
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`hardware and software, mobile devices and networking technologies. Mr. Phillips
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`regularly litigates patent cases before various federal district courts and the
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`International Trade Commission. Through his practice in such cases, Mr. Phillips
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`has gained substantial experience in jury trials, bench trials, discovery, Markman
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`hearings, and appeals. More particularly, as part of his practice, Mr. Phillips has
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`conducted numerous depositions and cross examinations of technical witnesses,
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`including experts who rendered opinions on technical issues. Mr. Phillips also has
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`2
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`Proceeding No.: CBM2014-00192
`Attorney Docket: 39843-0005CP1
`particular experience and familiarity with the substantive and technical issues
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`involved in Patent Office proceedings. For example, he acted as counsel pro hac
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`vice representing Alarm.com in Patent Interference Proceeding No. 106,001
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`(HHB).
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`Mr. Phillips is familiar with the substantive and technical issues involved in
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`this proceeding. He has reviewed and considered the Petition and supporting
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`Exhibits filed by Samsung, Patent Owner’s Preliminary Response, the Institution
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`Decision, transcript of the Scheduling Conference call, and U.S. Patent No.
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`8,033,458. Samsung contacted counsel for Patent Owner on May 11, 2015 to
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`inform them Samsung planned to file a motion for Pro Hac Vice admission for Mr.
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`Phillips. Patent Owner’s counsel stated that they would not oppose such a motion.
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`Affidavit of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by an Affidavit of
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`Mr. Phillips as required by the Order Authorizing Motion for Pro Hac Vice mailed
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`October 6, 2014. Accordingly, Mr. Phillips submits that there is good cause under
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`37 C.F.R. § 42.10(c) for the Board to recognize Mr. Phillips as counsel pro hac
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`vice during this proceeding.
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`3
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`Date: May 14, 2015
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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`Proceeding No.: CBM2014-00192
`Attorney Docket: 39843-0005CP1
`Respectfully submitted,
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` /Thomas A. Rozylowicz/
`Thomas A. Rozylowicz
`Reg. No. 50,620
`Counsel for Petitioner
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`4
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on May 14,
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`2015, a complete and entire copy of this Petitioner Samsung’s Motion for Pro Hac
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`Vice Admission Under 37 C.F.R. § 42.10(c) was provided via email to the Patent
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`Owner by serving the correspondence email addresses of record as follows:
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`Michael R. Casey
`J. Scott Davidson
`Davidson Berquist Jackson
` & Gowdey, LLP
`4300 Wilson Blvd, Suite 700
`Arlington, VA 22203
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`mcasey@dbjg.com
`jsd@dbjg.com
`docket@dbjg.com
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`Email:
`Email:
`Email:
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`/Edward G. Faeth/
`Edward G. Faeth
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(202) 626-6420
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