`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner
`______________________
`
`Case CBM2015-00131
`Patent 8,061,598
`______________________
`
`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 4), Petitioner Apple Inc. (“Apple”) respectfully
`
`requests pro hac vice admission of James R. Batchelder as counsel in this
`
`proceeding.
`
`
`
`
`
`Case CBM2015-00131
`Patent 8,061,598
`
`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 8,
`
`2015.
`
`II.
`
`Statement of Facts
`
`The following statement of facts demonstrates that there is good cause for
`
`the Board to recognize James R. Batchelder as counsel pro hac vice in this
`
`proceeding.
`
`Mr. Batchelder is an experienced litigation attorney and has an established
`
`familiarity with the subject matter at issue in this proceeding. Mr. Batchelder has
`
`been practicing law since 1988 and has extensive experience litigating patent
`
`infringement cases in many different District Courts across the country. Among
`
`his experience in patent litigation matters, Mr. Batchelder has been lead counsel in
`
`multiple trials, Markman hearings, patent summary judgment proceedings, and
`
`other patent-related hearings and pleadings concerning, inter alia, patent validity
`
`and infringement issues. Mr. Batchelder has also been recognized as a leading
`
`patent litigation attorney by several different organizations, including The Best
`
`Lawyers in America, Northern California Super Lawyers, IAM Patent 100 – The
`
`World’s Leading Patent Practitioners, and Managing IP – “IP Star”.
`
`
`
`-2-
`
`
`
`Case CBM2015-00131
`Patent 8,061,598
`Mr. Batchelder is familiar with U.S. Patent No. 8,061,598 (“the ‘598
`
`Patent”) and the issues involved in this case. Mr. Batchelder has been representing
`
`Apple against Patent Owner Smartflash LLC (“Smartflash”) as lead counsel in
`
`pending District Court litigation—where Smartflash filed its infringement action
`
`asserting the ‘598 Patent and the related U.S. Patent Nos. 7,334,720; 7,942,317;
`
`8,033,458; 8,118, 221; and 8,336,772 against Apple—since 2013, and has been
`
`actively involved as lead counsel for Apple since that time. As lead counsel in the
`
`District Court litigation, Mr. Batchelder has, among other things, been heavily
`
`involved with forming invalidity positions against Smartflash’s patents. Mr.
`
`Batchelder was also admitted pro hac vice and participated in related proceedings,
`
`including CBM2014-00102/103/106-109/112/113 and CBM2015-00015-
`
`18/28/29/31-33. Accordingly, Apple prefers that Mr. Batchelder continue as
`
`counsel in this CBM proceeding as well; and, further, Smartflash does not oppose
`
`Mr. Batchelder’s admission pro hac vice.
`
`III.
`
`Declaration of James R. Batchelder
`
`As directed by the Board, this Motion is also accompanied by the
`
`Declaration of James R. Batchelder in Support of Motion for Pro Hac Vice
`
`Admission (Exhibit 1039) attesting to the requirements laid out in the Board’s
`
`Order Authorizing Motion for Pro Hac Vice Admission in Case IPR2013-00639
`
`(Paper 7).
`
`
`
`
`
`-3-
`
`
`
`Case CBM2015-00131
`Patent 8,061,598
`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 26, 2016
`
`
`
`
`
`-4-
`
`
`
`CERTIFICATE OF SERVICE
`
`Case CBM2015-00131
`Patent 8,061,598
`
`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 26, 2016,
`
`to the following Counsel for Patent Owner via e-mail, pursuant to the parties’
`
`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
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
