`CBM2015-00170
`
`Atty Docket No. SERC-017/00US
`(307075-2019)
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SERVICENOW, INC.
`Petitioner
`
`v.
`
`BMC SOFTWARE, INC.
`Patent Owner
`
`
`
`Case CBM2015-00170
`U.S. Patent 8,646,093
`
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 41.10(c)
`
`
`
`
`
`Atty Docket No. SERC-017/00US
`(307075-2019)
`
`
`
`
`CBM Review of U.S. Patent No. 8,646,093
`CBM2015-00170
`
`
`
`Petitioner ServiceNow, Inc. respectfully requests that the Board recognize
`
`Mark R. Weinstein, Esq., as counsel pro hac vice during this proceeding.
`
`I.
`
`BACKGROUND
`Petitioner’s Motion for Pro Hac Vice Admission is being filed in compliance
`
`with and pursuant to the “Order—Authorizing Motion for Pro Hac Vice
`
`Admission” in Case No. IPR2013-00639 (MPT) [“the Order”].
`
`II.
`
`STATEMENT OF FACTS
`
`As required by the Order, the following statement of facts shows that there is
`
`good cause for the Board to recognize Mr. Weinstein pro hac vice.
`
`Mr. Weinstein is an experienced litigation attorney and has been involved in
`
`numerous complex litigations in state and federal courts. Mr. Weinstein’s
`
`biography is attached hereto as Exhibit 1010.
`
`Mr. Weinstein has reviewed U.S. Patent No. 8,646,093, and the petition
`
`already filed in this proceeding. Further, Mr. Weinstein is counsel of record in the
`
`co-pending litigation between the parties entitled BMC Software, Inc. v.
`
`ServiceNow, Inc., before the U.S. District Court of the Eastern District of Texas,
`
`Case No. 2:14-cv-00903; and, as such, is familiar with the subject matter at issue in
`
`this proceeding.
`
`Therefore, Petitioner respectfully submits that there is good cause for the
`
`Board to recognize Mr. Weinstein as counsel pro hac vice during this proceeding.
`
`
`
`1
`
`
`
`Atty Docket No. SERC-017/00US
`(307075-2019)
`
`III.
`
`AFFIDAVIT OR DECLARATION OF INDIVIDUAL SEEKING TO
`APPEAR
`
`
`
`
`CBM Review of U.S. Patent No. 8,646,093
`CBM2015-00170
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission is accompanied by an
`
`Affidavit of Mark R. Weinstein, filed as Exhibit 1011, as required by the Order.
`
`Respectfully Submitted,
`
`/Heidi L. Keefe/
`Heidi L. Keefe
`Reg. No. 40,673
`
`DATED: October 5, 2015
`
`COOLEY LLP
`ATTN: Patent Docketing
`1299 Pennsylvania Ave. NW Suite 700
`Washington D.C. 20004
`T: 650-843-5001
`F: 650-849-7400
`
`
`122152618 v1
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify, pursuant to 37 C.F.R. § 42.6, that a complete copy of the
`attached PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`(Mark R. Weinstein), Exhibits 1010 and 1011 and related documents, are being
`served via electronic mail on the 5th day of October 2015, the same day as the
`filing of the above-identified document in the United States Patent and Trademark
`Office/Patent Trial and Appeal Board, upon counsel of record for the Patent Owner
`as follows:
`
`Robert A. Cote
`rcote@mckoolsmith.com
`Pierre Hubert
`phubert@mckoolsmith.com
`Robert Auchter
`rauchter@mckoolsmith.com
`Kevin Schubert
`kschubert@mckoolsmith.com
`02184-00002_CBM093@mckoolsmith.com
`
`DATED: OCTOBER 5, 2015
`
`COOLEY LLP
`ATTN: Heidi L. Keefe
`Patent Docketing
`1299 Pennsylvania Ave. NW, Ste. 700
`Washington, D.C. 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
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