`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
`MELISSA J. BAILY
`
`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 Melissa J. Baily 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.
`
`01980-00035/6844296.2
`
`1
`
`
`
`
`
`I.
`
`TIME FOR FILING
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`This motion is timely because it is being filed no sooner than twenty-one
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`(21) days after service of Google’s Petition in its proceeding, which occurred on
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`May 6, 2015.
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`II.
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`STATEMENT OF FACTS
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`The facts stated below and the affidavit of Melissa J. Baily filed
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`concurrently herewith demonstrate good cause for the Board to recognize Ms.
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`Baily as pro hac vice counsel in this proceeding.
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`Ms. Baily is an experienced litigation attorney and has been practicing law
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`since 2001. Her practice focuses on intellectual property litigation, and she has
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`litigated patent infringement cases in district courts throughout the country.
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`Among her experience in patent litigation matters, Ms. Baily has participated in all
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`stages of district court proceedings, including Markman hearings, trials, and other
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`patent-related hearings and proceedings concerning patent validity and
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`infringement issues. Ms. Baily is widely recognized as a leading patent litigator,
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`including being named among the top intellectual property lawyers in the country
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`under the age of 40 by Law360 in 2014.
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`Ms. Baily has experience and is familiar with U.S. Patent No. 7,334,720
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`(“the ’720 patent”) and the issues involved in this proceeding. She is counsel for
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`Google in currently stayed district court proceedings where Smartflash accuses
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`01980-00035/6844296.2
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`2
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`
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`Google of infringement of U.S. Patent Nos. 7,334,720; 7,942,317; 8,033,458;
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`8,061,598; 8,336,772; and 8,794,516. (Smartflash LLC v. Google Inc., E.D. Tex.
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`No. 6:14-cv-435.) She also represents Samsung Electronics Co., Ltd., Samsung
`
`Electronics America, Inc., HTC Corporation, and HTC America, Inc. in currently
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`stayed district court litigation where Smartflash asserts infringement of U.S. Patent
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`Nos. 7,334,720; 7,942,317; 8,033,458; 8,061,598; and 8,336,772. (Smartflash LLC
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`v. Samsung Elecs. Co., Ltd., et al., E.D. Tex. No. 6:13-cv-448.) As counsel in
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`those district court proceedings, Ms. Baily has been involved in all aspects of the
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`defense, including with respect to issues regarding the invalidity of the ’720 patent.
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`In light of Ms. Baily’s experience and familiarity with the ’720 patent,
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`Google prefers that Ms. Baily participate as counsel in this proceeding as well.
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`Furthermore, Smartflash and Apple do not oppose Ms. Baily’s admission as pro
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`hac vice counsel.
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`***
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`For the reasons outlined in this motion and in the accompanying declaration,
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`Google respectfully requests admission of Melissa J. Baily as pro hac vice counsel.
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`
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`01980-00035/6844296.2
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`3
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`
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`Dated: December 23, 2015
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`
`
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`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.
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`01980-00035/6844296.2
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`4
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 23, 2015 I served the foregoing motion
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`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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`01980-00035/6844296.2
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`5
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