`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLE INC.
`Petitioner,
`
`v.
`
`SMARTFLASH LLC
`Patent Owner.
`
`Case CBM2015-00129
`Patent No. 7,942,317 B2
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`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
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`KEVIN A. SMITH
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`Pursuant to 37 C.F.R. § 42.10, and as authorized in the Board’s Notice of
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`Filing Date Accorded to Petition (Paper 5), Petitioner Google Inc. (“Google”)
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`respectfully requests pro hac vice admission of Kevin A. Smith as counsel in this
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`proceeding.
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`I.
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`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 16, 2015.
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`01980-00035/7555120.1
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`1
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`II.
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`STATEMENT OF FACTS
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`The facts stated below and the affidavit of Kevin A. Smith filed concurrently
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`herewith demonstrate good cause for the Board to recognize Mr. Smith as pro hac
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`vice counsel in this proceeding.
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`Mr. Smith is an experienced litigation attorney and has been practicing law
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`since 2006. His practice focuses on intellectual property litigation, and he has
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`litigated patent infringement cases in district courts throughout the country.
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`Among his experience in patent litigation matters, Mr. Smith 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.
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`Mr. Smith has experience and is familiar with U.S. Patent No. ,942,317 (“the
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`’317 patent”). He is counsel for Google Inc., Samsung Electronics Co., Ltd.,
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`Samsung Electronics America, Inc., HTC Corporation, and HTC America, Inc. in
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`currently stayed district court litigation where Smartflash asserts infringement of
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`U.S. Patent Nos. 8,118,221; 7,334,720; 7,942,317; 8,033,458; 8,061,598; and
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`8,336,772, based in part on those defendants’ use of Google Play. (Smartflash
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`LLC v. Google Inc., E.D. Tex. No. 6:14-cv-435; Smartflash LLC v. Samsung Elecs.
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`Co., Ltd., et al., E.D. Tex. No. 6:13-cv-448.) As counsel in those district court
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`01980-00035/7555120.1
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`2
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`proceedings, Mr. Smith has been involved in all aspects of the defense, including
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`with respect to issues regarding the invalidity of the ’317 patent.
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`In light of Mr. Smith’s experience and familiarity with the ’317 patent,
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`Google prefers that Mr. Smith act as counsel in this proceeding as well.
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`Furthermore, Smartflash does not oppose Mr. Smith’s admission as pro hac vice
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`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 Kevin A. Smith as pro hac vice counsel.
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`
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`01980-00035/7555120.1
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`3
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`Dated: January 6, 2016
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`
`
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`Respectfully submitted,
`
`/Andrew M. Holmes/
`
`Andrew M. Holmes (Reg. No. 64,718)
`Charles K. Verhoeven
`Melissa J. Baily
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`Telephone: 415-875-6000
`Fax: 415-875-6700
`
`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
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`Counsel for Petitioner Google Inc.
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`01980-00035/7555120.1
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`4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on January 6, 2016 I served the foregoing motion and
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`/Adam Botzenhart/
`Adam Botzenhart
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`attached declaration by email to:
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`SmartFlash-CBM@dbjg.com
`Michael R. Casey (mcasey@dbjg.com)
`J. Scott Davidson (jsd@dbjg.com)
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`
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`Date: January 6, 2016
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`01980-00035/7555120.1
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`5
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