`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC. and GOOGLE INC.
`Petitioners,
`
`v.
`
`SMARTFLASH LLC
`Patent Owner.
`
`Case CBM2015-00125
`Case CBM2015-00028
`Case CBM2015-000291
`Patent No. 7,334,720 B2
`
`
`
`
`
`
`
`
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`
`CHARLES K. VERHOEVEN
`
`Pursuant to 37 C.F.R. § 42.10, and as authorized in the Board’s Notice of
`
`Filing Date Accorded to Petition (Paper 5), Petitioner Google Inc. (“Google”)
`
`respectfully requests pro hac vice admission of Charles K. Verhoeven as counsel in
`
`this proceeding.
`
`
`1 Google challenged claims 1 and 15 of U.S. Patent No. 7,334,720 in
`CBM2015-00125. Google’s challenge to claim 1 was consolidated with
`CBM2015-00028. CBM2015-00125, Pap. 11. Google’s challenge to claim 15 was
`consolidated with CBM2015-00029. Id. Identical motions for pro hac vice
`admission and supporting declarations are being filed in CBM2015-00125,
`CBM2015-00028, and CBM2015-00029.
`
`01980.00035/6863392.1
`
`1
`
`
`
`
`
`I.
`
`TIME FOR FILING
`
`This motion is timely because it is being filed no sooner than twenty-one
`
`(21) days after service of Google’s Petition in its proceeding, which occurred on
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`May 6, 2015.
`
`II.
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`STATEMENT OF FACTS
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`The facts stated below and the affidavit of Charles K. Verhoeven filed
`
`concurrently herewith demonstrate good cause for the Board to recognize Mr.
`
`Verhoeven as pro hac vice counsel in this proceeding.
`
`Mr. Verhoeven is an experienced litigation attorney and has been practicing
`
`law since 1989. His practice focuses on intellectual property litigation, and he has
`
`litigated patent infringement cases in district courts throughout the country.
`
`Among his experience in patent litigation matters, Mr. Verhoeven has participated
`
`in all stages of district court proceedings, including Markman hearings, trials, and
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`other patent-related hearings and proceedings concerning patent validity and
`
`infringement issues. Mr. Verhoeven is widely recognized as a leading patent
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`litigator, including being repeatedly listed as one of the “leading individuals” in
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`California in the field of intellectual property by Chambers USA.
`
`Mr. Verhoeven has experience and is familiar with U.S. Patent No.
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`7,334,720 (“the ’720 patent”). He is lead counsel for Samsung Electronics Co.,
`
`Ltd., Samsung Electronics America, Inc., HTC Corporation, and HTC America,
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`01980.00035/6863392.1
`
`2
`
`
`
`
`
`Inc. in currently stayed district court litigation where Smartflash asserts
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`infringement of U.S. Patent Nos. 7,334,720; 7,942,317; 8,033,458; 8,061,598; and
`
`8,336,772, based in part on those defendants’ use of Google Play. (Smartflash
`
`LLC v. Samsung Elecs. Co., Ltd., et al., E.D. Tex. No. 6:13-cv-448.) As counsel in
`
`those district court proceedings, Mr. Verhoeven has been involved in all aspects of
`
`the defense, including with respect to issues regarding the invalidity of the ’720
`
`patent.
`
`In light of Mr. Verhoeven’s experience and familiarity with the ’720 patent,
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`Google prefers that Mr. Verhoeven act as counsel in this proceeding as well.
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`Furthermore, Smartflash and Apple do not oppose Mr. Verhoeven’s admission as
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`pro hac vice counsel.
`
`***
`
`For the reasons outlined in this motion and in the accompanying declaration,
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`Google respectfully requests admission of Charles K. Verhoeven as pro hac vice
`
`counsel.
`
`
`
`01980.00035/6863392.1
`
`3
`
`
`
`
`
`
`Dated: December 23, 2015
`
`
`
`
`Respectfully submitted,
`
`/Raymond N. Nimrod/
`
`Raymond N. Nimrod (Reg. No. 31,987)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Telephone: 202-849-7100
`Fax: 212-849-7100
`
`Charles K. Verhoeven
`Melissa J. Baily
`Andrew M. Holmes (Reg. No. 64,718)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`Telephone: 415-875-6000
`Fax: 415-875-6700
`
`Counsel for Petitioner Google Inc.
`
`01980.00035/6863392.1
`
`4
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 23, 2015 I served the foregoing motion
`
`and attached declaration by email to:
`
`SmartFlash-CBM@dbjg.com
`Michael R. Casey (mcasey@dbjg.com)
`J. Scott Davidson (jsd@dbjg.com)
`J. Steven Baughman (steven.baughman@ropesgray.com)
`Ching-Lee Fukuda (ching-lee.fukuda@ropesgray.com)
`Megan Raymond (megan.raymond@ropesgray.com)
`ApplePTABService-SmartFlash@ropesgray.com
`
`/Adam Botzenhart/
`Adam Botzenhart
`
`
`
`
`
`Date: December 23, 2015
`
`
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`01980.00035/6863392.1
`
`5
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