`(307075-2012)
`
`
`
`
`CBM Review of U.S. Patent No. 7,062,683
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SERVICENOW, INC.
`Petitioner
`
`v.
`
`
`Patent Owner
`
`
`Case CBM2015‐00107
`Patent 7,062,683
`
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 41.10(c)
`
`
`
`
`
`
`Atty Docket No. SERC-010/00US
`(307075-2012)
`
`
`
`
`CBM Review of U.S. Patent No. 7,062,683
`
`Petitioner ServiceNow, Inc. respectfully requests that the Board recognize
`
`Mark R. Weinstein, Esq., as counsel pro hac vice during this proceeding.
`
`I.
`
`BACKGROUND
`
`Petitioner’s Motion for Pro Hac Vice Admission is being filed in compliance
`
`with and pursuant to the “Order—Authorizing Motion for Pro Hac Vice
`
`Admission” in Case No. IPR2013‐00639 (MPT) [“the Order”].
`
`II.
`
`STATEMENT OF FACTS
`
`As required by the Order, the following statement of facts shows that there
`
`is good cause for the Board to recognize Mr. Weinstein pro hac vice.
`
`Mr. Weinstein is an experienced litigation attorney and has been involved
`
`in numerous complex litigations in state and federal courts. Mr. Weinstein’s
`
`biography is attached hereto as Exhibit 1008.
`
`Mr. Weinstein has reviewed U.S. Patent No. 7,062,683, and the petition
`
`already filed in this proceeding. Further, Mr. Weinstein is counsel of record in the
`
`co‐pending
`
`litigation between the parties entitled BMC Software, Inc. v.
`
`ServiceNow, Inc., before the U.S. District Court of the Eastern District of Texas,
`
`Case No. 2:14‐cv‐00903; and, as such, is familiar with the subject matter at issue
`
`in this proceeding.
`
`Therefore, Petitioner respectfully submits that there is good cause for the
`
`
`
`1
`
`
`
`Atty Docket No. SERC-010/00US
`(307075-2012)
`
`Board to recognize Mr. Weinstein as counsel pro hac vice during this proceeding.
`
`CBM Review of U.S. Patent No. 7,062,683
`
`
`
`III.
`
`
`
`AFFIDAVIT OR DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`
`Petitioner’s Motion for Pro Hac Vice Admission is accompanied by an
`
`Affidavit of Mark R. Weinstein, filed as Exhibit 1009, as required by the Order.
`
`Respectfully Submitted,
`
`/Heidi L. Keefe/
`Heidi L. Keefe
`Reg. No. 40,673
`
`DATED: April 28, 2015
`
`COOLEY LLP
`ATTN: Patent Docketing
`1299 Pennsylvania Ave. NW Suite 700
`Washington D.C. 20004
`T: 650‐843‐5001
`F: 650‐849‐7400
`
`
`116284039 v1
`
`
`
`2
`
`
`
`ATTY DOCKET NO. SERC‐010/00US
`(307075‐2012)
`
`
`
`CBM Review of U.S. Patent No. 7,062,683
`
`CERTIFICATE OF SERVICE
`
`
`I hereby certify, pursuant to 37 C.F.R. §§ 42.6, that a complete copy of the
`
`attached PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION (MARK R.
`WEINSTEIN) is being served via electronic mail on the 28th day of April 2015, the
`same day as the filing of the above‐identified document in the United States
`Patent and Trademark Office/Patent Trial and Appeal Board, upon the Patent
`Owner by serving its attorneys of record as follows:
`
`Robert A. Cote
`(rcote@mckoolsmith.com)
`Kevin Schubert
`(kschubert@mckoolsmith.com)
`McKool Smith P.C.
`One Bryan Park, 47th Floor
`New York, NY 10036
`Service Email: 02184‐00002_CBM683@mckoolsmith.com
`
`Pierre Hubert
`(phubert@mckoolsmith.com)
`McKool Smith P.C.
`300 West 6th Street, Suite 700
`Austin, TX 78701
`
`
`
`DATED: APRIL 28, 2015
`
`COOLEY LLP
`ATTN: Heidi L. Keefe
`Patent Docketing
`1299 Pennsylvania Ave. NW,
`Suite 700
`Washington, D.C. 20004
`Tel: (650) 843‐5001
`Fax: (650) 849‐7400
`
`116277847 v1
`
`Robert Auchter
`(rauchter@mckoolsmith.com)
`McKool Smith P.C.
`1999 K Street, N.W. Suite 600
`Washington D.C. 20006
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`
`
`
`
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