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`Filed on behalf of: Software Rights Archive, LLC Paper ____
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`By: Martin M. Zoltick, Lead Counsel
`Nancy J. Linck, Back-up Counsel
`Rothwell, Figg, Ernst & Manbeck, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Telephone: 202-783-6040
`Facsimile: 202-783-6031
`E-mail: mzoltick@rfem.com
` nlinck@rfem.com
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` Dated: February 7, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`FACEBOOK, INC., LINKEDIN CORP., and TWITTER, INC.
`Petitioners
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`v.
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`SOFTWARE RIGHTS ARCHIVE, LLC
`Patent Owner
`_______________
`
`Case IPR2013-00480
`Patent 5,832,494
`_______________
`
`
`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`
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`Case IPR2013-00480
`Patent No. 5,832,494
`Patent Owner, Software Rights Archive, LLC (“SRA”), respectfully requests
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`that the Board recognize Victor G. Hardy, Esq., as counsel pro hac vice during this
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`proceeding.
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`I.
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`BACKGROUND
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`Patent Owner’s motion for Pro Hac Vice Admission is being filed in
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`compliance with and pursuant to the “Order –Authorizing Motion for Pro Hac
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`Vice Admission” in Case No. IPR2013-00010 (MPT) and “Order – Authorizing
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`Motion for Pro Hac Vice Admission” in Case No. IPR2013-00639 (SRB)
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`(hereafter referred to as “the Orders”).
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`II.
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`STATEMENT OF FACTS SHOWING THERE IS GOOD CAUSE
`FOR THE BOARD TO RECOGNIZE COUNSEL PRO HAC VICE
`DURING THE PROCEEDING
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`As required by the Orders, the following statement of facts shows that there
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`is good cause for the Board to recognize Mr. Hardy pro hac vice.
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
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`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. Section 42.10(c) indicates that, “where lead counsel is a
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`registered practitioner, a motion to appear pro hac vice may be granted upon a
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`showing that counsel is an experienced litigating attorney and has an established
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`familiarity with the subject matter at issue in the proceeding.”
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`1
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`Case IPR2013-00480
`Patent No. 5,832,494
`Mr. Hardy is a highly experienced patent litigation attorney, who has been
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`involved in numerous patent litigations before the federal district courts. He has
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`experience litigating complex software-related patents, such as the patent at issue
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`in the instant proceeding. Mr. Hardy’s biography is attached hereto as Exhibit
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`2001.
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`Mr. Hardy has substantial experience with U.S. Patent No. 5,832,494 (“the
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`’494 patent”). Mr. Hardy represents SRA in the co-pending litigation between the
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`parties, Software Rights Archive, LLC v. Facebook, Inc., No. 5:12-cv-03970 RMW
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`(N.D. Cal. 2012); Software Rights Archive, LLC v. LinkedIn Corp., No. 5:12-cv-
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`03971 RMW (N.D. Cal. 2012); and Software Rights Archive, LLC v. Twitter, Inc.,
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`No. 5:12-cv-03972 RMW (N.D. Cal. 2012) (hereafter referred to as “the Co-
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`Pending Litigation”). Mr. Hardy also represented Patent Owner SRA in the prior
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`civil action Software Rights Archive, LLC v. Google, Inc. et al, No. 2:07-cv-511
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`CE (E.D. Tex. 2007) over the same patents. As a result, Mr. Hardy has established
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`familiarity with the subject matter at issue in this proceeding, including substantive
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`knowledge of the ‘494 patent, its prosecution history, the prior art (including the
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`prior art relied upon in this proceeding), the district court’s prior claim construction
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`order, and related matters. Further, as required by the Orders, Patent Owner’s
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`Motion is accompanied by an Affidavit of Victor Hardy, attached hereto as
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`Exhibit 2002.
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`2
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`Case IPR2013-00480
`Patent No. 5,832,494
`Counsel for Petitioners does not oppose Mr. Hardy appearing pro hac vice
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`during this proceeding.
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`In view of the foregoing, Patent Owner respectfully submits that there is
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`good cause for the Board to recognize Mr. Hardy as counsel pro hac vice during
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`this proceeding.
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`III. CONCLUSION
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`For the foregoing reasons, Patent Owner respectfully submits that this
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`motion should be granted and Mr. Hardy should be recognized as counsel pro hac
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`vice during this proceeding.
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`Date: February 7, 2014
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`Respectfully submitted,
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` By: /s/ Martin M. Zoltick
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`Martin M. Zoltick, Reg. No. 35,745
`Nancy J. Linck, Reg. No. 31,920
`ROTHWELL, FIGG, ERNST &
`MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
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`Attorneys for Patent Owner
`Software Rights Archive, LLC
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`3
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 7th day of January, 2014, a true and correct copy
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`Case IPR2013-00480
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`
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`of the foregoing PATENT OWNER’S MOTION FOR PRO HAC VICE
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`ADMISSION UNDER 37 C.F.R. § 42.10(c) was served by electronic mail, upon
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`the following lead and backup counsel of record for Petitioners Facebook, Inc.,
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`LinkedIn Corp. and Twitter, Inc.:
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`Heidi L. Keefe – Lead Counsel for all Petitioners
`Cooley LLP
`1299 Pennsylvania Ave., N.W., Suite 700
`Washington, DC 20004
`Ph: 650-843-5001
`Fx: 650-849-7400
`E-mails: hkeefe@cooley.com
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`Mark R. Weinstein – Backup Counsel for Facebook, Inc.
`Cooley LLP
`1299 Pennsylvania Ave., N.W., Suite 700
`Washington, DC 20004
`Ph: 650-843-5007
`Fx: 650-849-7400
`E-mail: mweinstein@cooley.com
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`David Silbert – Backup Counsel for LinkedIn Corp. and Twitter, Inc.
`Keker & Van Nest LLP
`633 Battery Street
`San Francisco, CA 94111
`Ph: 415-391-5400
`Fx: 415-397-7188
`E-mail: djs@kvn.com
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`/s/ Erik van Leeuwen
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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