`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner
`______________________
`
`Case CBM2015-00127
`Patent 7,334,720
`______________________
`
`Before the Honorable 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 3), Petitioner Apple Inc. (“Apple”) respectfully
`
`requests pro hac vice admission of James R. Batchelder as counsel in this
`
`proceeding.
`
`
`
`
`
`Case CBM2015-00127
`Patent 7,334,720
`
`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 May 7,
`
`2015.
`
`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
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`Lawyers in America, Northern California Super Lawyers, IAM Patent 100 – The
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`World’s Leading Patent Practitioners, and Managing IP – “IP Star”.
`
`
`
`-2-
`
`
`
`Case CBM2015-00127
`Patent 7,334,720
`Mr. Batchelder is familiar with U.S. Patent No. 7,334,720 (“the ‘720
`
`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 ‘720 Patent and the related U.S. Patent Nos. 7,942,317; 8,033,458;
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`8,061,598; 8,118, 221; and 8,336,772 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-
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`18/28/29/31-33. Accordingly, Apple prefers that Mr. Batchelder continue as
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`counsel in this CBM proceeding as well; and, further, Smartflash does not oppose
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`Mr. Batchelder’s admission pro hac vice.
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`III.
`
`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 (Exhibit 1046) attesting to the requirements laid out in the Board’s
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`Order Authorizing Motion for Pro Hac Vice Admission in Case IPR2013-00639
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`(Paper 7).
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`
`
`
`
`-3-
`
`
`
`Case CBM2015-00127
`Patent 7,334,720
`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
`2099 Pennsylvania Ave NW
`Washington, DC 20006
`Steven.baughman@ropesgray.com
`Ching-Lee.fukuda@ropesgray.com
`
`Attorneys for Petitioner Apple Inc.
`
`
`counsel pro hac vice.
`
`
`
`Dated: January 25, 2016
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`
`
`
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`-4-
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`
`
`CERTIFICATE OF SERVICE
`
`Case CBM2015-00127
`Patent 7,334,720
`
`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 January 25, 2016,
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`to the following Counsel for Patent Owner via e-mail, pursuant to the parties’
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`agreement concerning service:
`
`Michael R. Casey
`Wayne M. Helge
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7700
`Facsimile: (571) 765-7200
`mcasey@dbjg.com
`whelge@davidsonberquist.com
`SmartFlash-CBM@dbjg.com
`
`Attorneys for Patent Owner
`Smartflash, LLC
`
` /s/ Sharon Lee
`Sharon Lee
`
`ROPES & GRAY LLP