`
`By: Robert G. Mukai, Esq.
`BUCHANAN INGERSOLL & ROONEY PC
`
`1737 King Street, Suite 500
`Alexandria, Virginia 22314-2727
`Telephone (703) 836-6620
`Facsimile (703) 836-2021
`robert.mukai@bipc.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`AVAYA INC.
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`Petitioner
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`V.
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`NETWORK-1 SECURITY SOLUTIONS, INC.
`Patent Owner
`
`Patent 6,218,930
`Administrative Patent Judges Jameson Lee, Joni Y. Chang and Justin T. Arbes
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`Case IPR2013—0007 1
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`MOTION FOR PRO HAC VICE ADMISSION
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`OF GREG DOVEL, ESQ.
`PURSUANT TO 37 C.F.R. 42.10
`
`A
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`
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`Case No. IPR2013-00071
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`U.S. Patent No. 6,218,930
`MOTION FOR PRO HAC VICE ADMISSION
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`The Patent Owner respectfully requests that the Board recognize Mr. Greg
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`Dovel as counse1Pro Hac Vice for the above-captioned proceeding in accordance
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`with 37 C.F.R. § 42.10.‘
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`1.
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`Time for Filing
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`This Motion for Pro Hac Vice Admission is being filed no sooner than
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`twenty one (21) days after service of the petition as required by the Order
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`Authorizing Motion for Pro Hac Vice entered December 13, 2012.
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`II.
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`Statement of Facts
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`As required by the Order Authorizing Motion for Pro Hac Vice, the
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`following statement of facts shows that there is good cause for the Board to
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`recognize Mr. Dovel pro hac vice.
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`Mr. Dovel is an experienced litigation attorney, and has been involved in
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`numerous litigations involving patent infringement in District Courts across the
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`country. Mr. Dovel’s biography is attached (Exhibit B) to the accompanying
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`Declaration of Mr. Greg Dovel, Esq. (Exhibit A). He is and has been a litigation
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`attorney for 24 years — since 1988. He has represented a wide range of clients in
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`business litigation matters and has focused on patent litigation since 2000. See,
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`Exhibit A, §1.
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`' A corresponding Motion has been concurrently filed in related, co-pending Inter Partes Review IPR2013~00092.
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`
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`Case No. IPR2013-00071
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`U.S. Patent No. 6,218,930
`Motion for Pro Hac Vice Admission
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`He graduated Harvard Law School (J.D. 1986, Magna Cum Laude), and then
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`served as law clerk to Ninth Circuit Judge J. Clifford Wallace. He also clerked for
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`Chief Justice Warren E. Burger and Associate Justice Antonin Scalia of the United
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`States Supreme Court. He was a litigation associate and then partner at Kave,
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`Scholer, F ierrnan, Haves & Handler in Los Angeles, before leaving to form his
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`own firm (Dovel and Luner) in 1995. See, Exhibit A, §l.
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`He has been lead counsel on over thirty (30) patent cases and litigated a
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`number of them through trial and has conducted oral arguments on six (6) patent
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`cases before the Federal Circuit. See, Exhibit A, §2.
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`U.S. Patent No. 6,218,930 is currently asserted against Petitioner Avaya Inc.
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`in a co-pending litigation, Network—1 Security Solutions, Inc. v. Alcatel—Lucent
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`USA Inc., et al., Case No. 6:11 cv 492 (E.D. Tex. Filed Sept. 15, 2011), Hon.
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`Leonard Davis presiding (“the co-pending litigation”). Further, this patent was
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`asserted in settled litigation Network—1 Security Solutions, Inc. v. Cisco Systems,
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`Inc., et at. Case No. 6:08 cv 030 (E.D.Tex). Mr. Dovel is lead counsel for the co-
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`pending litigation and was lead counsel for the settled litigation for the present
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`Patent Owner, Network—1 Security Solutions, Inc. In the Cisco litigation, Mr.
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`Dovel conducted the Markman hearing in which the claim terms of the ‘930 Patent
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`were construed; deposed the Defendant’s technical expert relating to the validity of
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`
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`Case No. lPR20l3-00071
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`‘US. Patent No. 6,218,930
`Motion for Pro Hac Vice Admission
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`the ‘93O Patent; and tried the Cisco Litigation to a jury, including opening
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`statement, direct examination of Network-1 ’s technical expert and cross-
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`examination of the Defendant’s technical expert. Exhibit A,‘ §§ 5, 6 and 7.
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`As such, he has a well-established familiarity with the subject matter at issue
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`in this proceeding. Patent Owner has expended significant financial resources in
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`the co-pending litigation and prior litigation with Mr. Dovel as lead counsel, and
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`Patent Owner wishes to continue using Mr. Dovel as counsel in this proceeding.
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`III. Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by an Declaration
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`of Mr. Greg Dovel (Exhibit A) as required by the Notice of Filing Date Accorded
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`to Petition entered December 13, 2012. In this Declaration, he states compliance
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`with the general requirements for pro hac vice admission including that he is a
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`member in good standing of the Bar of the State of California and admitted to
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`practice before the United States Supreme Court, United States Court of Appeals
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`for the Ninth Circuit and the Federal Circuit, and six federal District Courts; he has
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`never been suspended, disbarred, sanctioned or cited for contempt by any court or
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`administrative body; he has never had a court or administrative body deny his
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`application for admission to practice; he has never had sanctions or contempt
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`citations imposed on him by any court or administrative body; he has read and will
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`
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`Case No. IPR2013-00071
`
`U.S. Patent No. 6,218,930
`Motion for Pro Hac Vice Admission
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`comply with Office Patent Trial Practice Guide and the Board’s Rules of Practice
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`for Trials, as set forth in Part 42 of the C.F.R. § § 10.20 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a); he agrees to be subject to the United States
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`Patent and Trademark Office Code of Professional Responsibility set forth in 37
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`C.F.R. § § 10.20 et seq. and disciplinary jurisdiction under 37 C.F.R. § ll.l9(a);
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`and in the past three (3) years, he has not appeared pro hac vice in any proceedings
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`before the United States Patent and Trademark Office. Exhibit A, §§ 8—14.
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`In light of the foregoing, Petitioner respectfully submits that there is good
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`cause for the Board to recognize Mr. Dovel as counsel pro hae vice during this
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`proceeding.
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`Respectfully submitted,
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`Date: January 25, 2013
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`By: n?n , W‘
`
`BUCHANAN INGERSOLL & ROONEY P C
`
`1737 King Street, Suite 500
`Alexandria, VA 22314
`Telephone (703) 836-6620
`
`Robert G. Mukai, Esq.
`Registration No. 28,531
`Counselfor NETWORK—I SECURITY
`SOLUTIONS, INC.
`
`
`
`Case No. IPR2013-00071
`
`U.S. Patent No. 6,218,930
`Motion for Pro Hac Vice Admission
`
`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing MOTION
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`FOR PRO HAC VICE ADMISSION OF GREG DOVEL, ESQ. PURSUANT
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`TO 37 C.F.R. 42.10 is being served upon the following this 25th day of January
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`2013, Via EXPRESS MAIL mail to:
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`Jeffrey D. Sanok
`Jonathan Lindsay
`CROWELL & MORING LLP
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`Intellectual Property Group
`1001 Pennsylvania Avenue, N.W.
`Washington, DC 20004-2595
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`and electronically Via e—mail: AVl—PRPS@Crowell.corn
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`Date: January 25, 2013
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`/21.../A pAý
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`Robert G. Mukai, Esq.
`Registration No. 28,531
`Counselfor NETWORK—I SECURITY
`SOLUTIONS, INC.