`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC., SAMSUNG ELECTRONICS CO., LTD., and SAMSUNG
`ELECTRONICS AMERICA, INC., and GOOGLE, INC.
`Petitioner
`
`v.
`
`SMARTFLASH, LLC
`Patent Owner
`______________
`
`Case CBM2015-000311,2
`Patent 8,336,772 B2
`______________
`
`Before the Honorable JENNIFER S. BISK, RAMA G. ELLURU, GREGG I.
`ANDERSON, 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 3), Petitioner Apple Inc. (“Apple”) respectfully
`
`requests pro hac vice admission of James R. Batchelder as counsel in this
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`proceeding.
`
`
`
`
`1 The challenge to claims 5 and 10 based on 35 U.S.C. § 101 in CBM2015-00059
`has been consolidated with this proceeding.
`
` 2
`
` The challenge to claims 1, 5, and 10 based on 35 U.S.C. § 101 in CBM2015-
`00132 has been consolidated with this proceeding.
`
`
`
`Case CBM2015-00031
`Patent 8,336,772 B2
`
`I.
`
`Time for Filing
`
`This Motion is timely because it is being filed no sooner than twenty one
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`(21) days after service of the Petition in this proceeding, which occurred on
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`November 25, 2014.
`
`II.
`
`Statement of Facts
`
`The following statement of facts demonstrates that there is good cause for
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`the Board to recognize James R. Batchelder as counsel pro hac vice in this
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`proceeding.
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`Mr. Batchelder is an experienced litigation attorney and has an established
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`familiarity with the subject matter at issue in this proceeding. Mr. Batchelder has
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`been practicing law since 1988 and has extensive experience litigating patent
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`infringement cases in many different District Courts across the country. Among
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`his experience in patent litigation matters, Mr. Batchelder has been lead counsel in
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`multiple trials, Markman hearings, patent summary judgment proceedings, and
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`other patent-related hearings and pleadings concerning, inter alia, patent validity
`
`and infringement issues. Mr. Batchelder has also been recognized as a leading
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`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-
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`
`
`Case CBM2015-00031
`Patent 8,336,772 B2
`Mr. Batchelder is familiar with U.S. Patent No. 8,336,772 B2 (“the ‘772
`
`Patent”) and the issues involved in this case. Mr. Batchelder has been representing
`
`Apple against Patent Owner Smartflash LLC (“Smartflash”) as lead counsel in
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`pending District Court litigation—where Smartflash filed its infringement action
`
`asserting the ‘772 Patent and the related U.S. Patent Nos. 7,334,720; 7,942,317,
`
`8,033,458; 8,061,598; and 8,118, 221 against Apple—since 2013, and has been
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`actively involved as lead counsel for Apple since that time. As lead counsel in the
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`District Court litigation, Mr. Batchelder has, among other things, been heavily
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`involved with forming invalidity positions against Smartflash’s patents. Mr.
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`Batchelder was also admitted pro hac vice and participated in related proceedings,
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`including CBM2014-00102/103/106-109/112/113 and CBM2015-00015 through
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`00018. Accordingly, Apple prefers that Mr. Batchelder continue as counsel in this
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`CBM proceeding as well; and, further, Smartflash and Petitioners Samsung
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`Electronics Co., Ltd., Samsung Electronics America, Inc., and Google Inc. do not
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`oppose Mr. Batchelder’s admission pro hac vice.
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`III.
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`Declaration of James R. Batchelder
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`As directed by the Board, this Motion is also accompanied by the
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`Declaration of James R. Batchelder in Support of Motion for Pro Hac Vice
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`Admission attesting to the requirements laid out in the Board’s Order Authorizing
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`Motion for Pro Hac Vice Admission in Case IPR2013-00639 (Paper 7).
`
`
`
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`-3-
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`
`
`Case CBM2015-00031
`Patent 8,336,772 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: December 16, 2015
`
`
`
`
`
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`-4-
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`
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`CERTIFICATE OF SERVICE
`
`Case CBM2015-00031
`Patent 8,336,772 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 December 16, 2015,
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`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
`
`Walter Renner
`Thomas Rozylowicz
`FISH & RICHARDSON P.C.
`axf@fr.com
`CBM39843-0008CP3@fr.com
`
`Attorneys for Petitioners Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc.
`
`Raymond Nimrod
`Andrew Holmes
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`
`
`
`Case CBM2015-00031
`Patent 8,336,772 B2
`
`raynimrod@quinnemanuel.com
`QE-SF-PTAB-Service@quinnemanuel.com
`
`Attorneys for Petitioner Google Inc.
`
`
` /s/ Sharon Lee
` Sharon Lee
`ROPES & GRAY LLP
`
`
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