UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SMARTFLASH, LLC
`Patent Owner
`______________
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`______________
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, JEREMY M. PLENZLER, and
`MATTHEW R. CLEMENTS, 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 Notice of Filing
`
`Date Accorded to Petition (Paper 7), Petitioner Apple Inc. (“Apple”) respectfully
`
`requests pro hac vice admission of James R. Batchelder as counsel in this
`
`proceeding.
`
`
`
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SMARTFLASH, LLC
`Patent Owner
`______________
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`______________
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, JEREMY M. PLENZLER, and
`MATTHEW R. CLEMENTS, 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 Notice of Filing
`
`Date Accorded to Petition (Paper 7), Petitioner Apple Inc. (“Apple”) respectfully
`
`requests pro hac vice admission of James R. Batchelder as counsel in this
`
`proceeding.
`
`
`
`
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`
`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
`
`October 30, 2014.
`
`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, Northern California Super Lawyers, IAM Patent 100 – The
`
`World’s Leading Patent Practitioners, and Managing IP – “IP Star”.
`
`
`
`
`-2-
`
`
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`Mr. Batchelder is familiar with U.S. Patent No. 8,033,458 B2 (“the ‘458
`
`Patent”) and the issues involved in this case. Mr. Batchelder has been representing
`
`Apple against Patent Owner Smartflash LLC (“Smartflash”) as lead counsel in
`
`pending District Court litigation—where Smartflash filed its infringement action
`
`asserting the ‘458 Patent and the related U.S. Patent Nos. 7,334,720; 7,942,317;
`
`8,061,598; 8,118,221; and 8,336,772 against Apple—since 2013, and has been
`
`actively involved as counsel for Apple since that time. As lead counsel in the
`
`District Court litigation, Mr. Batchelder has, among other things, been heavily
`
`involved with forming invalidity positions against Smartflash’s patents.
`
`Accordingly, Apple prefers that Mr. Batchelder continue as counsel in this CBM
`
`proceeding as well; and, further, Smartflash 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-
`
`
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`
`
`
`For the foregoing reasons as well as the reasons contained in the attached
`
`declaration, Apple respectfully requests admission of James R. Batchelder as
`
`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.
`
`
`counsel pro hac vice.
`
`
`
`Dated: March 27, 2015
`
`
`
`
`
`
`-4-
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SMARTFLASH, LLC
`Patent Owner
`______________
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`______________
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, JEREMY M. PLENZLER, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`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.
`
`
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`No sanction or contempt citation has ever been imposed against me by any
`
`4.
`
`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 37 C.F.R. Part 42.
`
`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 applied to appear pro hac vice before the
`
`Office in CBM2013-00020 (filed 11/12/2013 (Paper 23), granted 11/26/2013
`
`(Paper 39)) and CBM2013-00023 (filed 11/12/2013 (Paper 20), granted
`
`11/26/2013 (Paper 35)), also representing Apple. I have also applied to appear pro
`
`hac vice before the Office in IPR2013-00191 (filed 2/3/2014 (Paper 45), granted
`
`2/13/2014 (Paper 50)).
`
`8.
`
`Concurrently with the present motion, I intend to file a motion to apply to
`
`appear pro hac vice before the Office in CBM2014-00102, CBM2014-00106,
`
`CBM2014-00108, CBM2014-00112, CBM2015-00015, CBM2015-00017, and
`
`CBM2015-00018, also involving Apple and Smartflash.
`
`9.
`
`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
`
`
`
`
`-2-
`
`
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`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, Northern
`
`California Super Lawyers, IAM Patent 100 – The World’s Leading Patent
`
`Practitioners, and Managing IP – “IP Star”. I am very familiar with U.S. Patent
`
`No. 8,033,458 (“the ‘458 Patent”) and the issues involved in this case. I have
`
`represented Apple against Smartflash in the pending District Court litigation since
`
`2013, and have been actively involved as lead counsel for Apple since that time.
`
`As lead counsel in the District Court litigation, I have, among other things, been
`
`heavily involved with forming invalidity positions against Smartflash’s ‘458 Patent
`
`and related patents.
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed
`
`this 27th day of March, 2015, in East Palo Alto, CA.
`
`
`
`
`
`
`
`
`
`
`
`/s/ James R. Batchelder
`James R. Batchelder
`
`
`
`
`
`
`-3-
`
`
`
`CERTIFICATE OF SERVICE
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`
`
`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 March 27, 2015, to
`
`the following Counsel for Patent Owner via e-mail, pursuant to the parties’
`
`agreement concerning service:
`
`
`Michael R. Casey
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`4300 Wilson Blvd, Suite 700
`Arlington, VA 22203
`Telephone: (703) 894-6406
`Facsimile: (703) 894-6430
`mcasey@dbjg.com
`jsd@dbjg.com
`docket@dbjg.com
`
`Attorneys for Patent Owner
`Smartflash, LLC
`
` /s/ James R. Batchelder
`James R. Batchelder
`ROPES & GRAY LLP
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