Case NO. IPRZOI3-OO480 (MPT)
`Patent No. 5,832,494
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`Paper No.
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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 CORR, and TWITTER, INC,
`Petitioners
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`V.
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`SOFTWARE RIGHTS ARCHIVES, LLC
`
`Patent Owner
`
`
`
`Case NO. IPR2013-0048O (MPT)
`Patent NO. 5,832,494
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`PETITIONERS’ MOTION FOR PRO HAC VICE ADMISSION
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`UNDER 37 C.F.R. § 42100:)
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`774545.01
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`

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`Petitioners Linkedln Corp. and Twitter, Inc. respectfully request that the
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`Board recognize ASharif Jacob, Esq., as counsel pro hac vice during this proceeding.
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`I.
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`BACKGROUND
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`Petitioners’ Motion for Pro Hoe Vice Admission is being filed in compliance
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`with and pursuant to the “Order——Authorizing Motion for Pro Hoe Vice
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`Admission” in Case No. IPR2013-00010 (MPT).
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`II.
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`STATEMENT OF FACTS
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`As required by the Order, the following statement of facts shows that there is
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`good cause for the Board to recognize Mr. Jacob pro hac vice.
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`Mr. Jacob is a highly experienced patent litigation attorney, who has been
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`involved in numerous patent litigations before the federal courts and the US.
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`InternationalTrade Commission. He has particular experience litigating complex
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`software-related patents, such as the patents at issue in the instant Petition. Mr.
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`Jacob’s biography is attached hereto as Exhibit A.
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`Mr. Jacob has substantial experience with US. Patent No; 5,832,494. Mr.
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`Jacob drafted and/or revised the petitions already filed in this proceeding.
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`Moreover, Mr. Jacob represents Linkedln Corp. and Twitter, Inc. in the co-
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`pending litigation between the parties, Software Rights Archive LLC v. Facebook,
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`Inc., No. 5:12—cv-03970 RMW (ND. Cal. 2012); Software Rights Archive LLC v.
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`LinkedIrz Corp, No. 5:12—cv—0397l RMW (ND. Cal. 2012); and Software Rights
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`774545.01
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`

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`Archive LLC v. Twitter, Inc., No. 5:12-cv-03972 RMW (ND. Cal. 2012). As a
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`result, Mr. Jacob has established familiarity with the subject matter at issue in this
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`proceeding, including extensive knowledge of the printed prior art submitted in the
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`instant Petition, the district court’s prior claim construction order, and related
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`matters.
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`Counsel for Patent Owner does not oppose Mr. Jacob appearing pro hac vice
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`during this proceeding.
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`Therefore, Petitioners respectfully submit that there is good cause for the
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`Board to recognize Mr. Jacob as counsel pro hac vice during this proceeding.
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`III.
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`AFFIDAVIT OR DECLARATION OF INDIVIDUAL SEEKING TO
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`APPEAR
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`Petitioners’ Motion for Pro Hat: Vice Admission is accompanied by an
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`Affidavit of Sharif Jacob as required by the Order.
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`774545.01
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`

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`DATED: October 2, 2013
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`Respectfully submitted,
`
`
`/He__idi Keete/
`Heidi Keefe
`
`.
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`‘
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`Registration No. 40,673
`Counsel for Petitioners
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`Cooley LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave, NW, Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
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`77454501
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`

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`EXHIBIT A
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`KEKER & VAN NESTLLP
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`Sharif E. Jacob
`
`Associate
`sjacob@kvn.com
`Tel. (415) 676-2237
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`Education
`UC Hastings College of the Law, J.D., summa cum laude , 2007
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`Yale University, B.A. , 2000
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`Clerkships
`Hon. Mary M. Schroeder
`U.S. Court of Appeals for the Ninth Circuit, 2007-2008
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`Bar Admissions
`California
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`Overview
`Sharif E. Jacob designs strategies to win and resolve high-stakes litigation. He has trie<;l commercial , patent, and civil
`rights actions to judge and jury. His practice focuses on complex business disputes, intellectual property litigation,
`civil enforcement actions, and white collar criminal matters.
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`Mr. Jacob has extensive experience with patent litigation. He has represented leading firms in the video streaming,
`social networking , and wireless phone industries in disputes pending before the district courts and the International
`Trade Commission.
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`Mr. Jacob graduated first in his class from Hastings College of the Law and received his undergraduate degree from
`Yale University. After law school, Mr. Jacob clerked for Judge Mary M. Schroeder of the Ninth Circuit Court of
`Appeals.
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`Since law school, Mr. Jacob has repeatedly litigated actions advancing the constitutional rights of inmates. He has
`won judgments and appeals for prisoners locked in solitary confinement for years or brutalized in prison. As part of
`his pro bono practice, he currently represents an inmate who has been denied parole.
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`Cases of Note
`In the Matter of Certain Products Containing Interactive Program Guide and Parental Control Technology: We
`defended our clients Netflix, Inc. and Roku Corporation in a U.S. International Trade Commission complaint filed by
`Rovi Corporation. The complaint accused our clients, along with Mitsubishi Electric Corp. , LG Electronics Inc., and
`Vizio Inc. , of infringing several patents related to interactive program guides. The complaint sought an order banning
`television and media-player makers from entering the U.S. By the time· of the trial , the other defendants had all settled
`and our clients faced four patents. We successfully defended our clients, with the ALJ finding one of the patents
`invalid and none of the patents infringed, as well as no actionable importation or available remedy. The lTC has
`granted review of the entire investigation and should issue its final determination in October 2013.
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`Apple Inc. v. HTC Corp: We served as lead counsel for HTC , a Taiwan-based manufacturer of handheld devices, in
`its battle with Apple over smartphone technology. Apple first sued HTC in district court and before the International
`Trade Commission (lTC), claiming our client had infringed on 20 patents related to various computer-related
`technologies , including user interfaces, operating systems, power management, and digital signal processing. The
`lTC hearing that went to decision resulted in a favorable ruling, and HTC obtained a settlement to become the first
`Android handset maker licensed by Apple.
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`M&H Realty Partners v. Aerojet-General Corporation: We represented M&H Realty Partners in a multi-million
`dollar breach of indemnification agreement and tort action against Aerojet and Boeing. The case concerned
`environmental contamination in Fullerton, California.
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`evYsio Medical Devices v. Advanced Cardiovascular Systems: We represented evYsio Medical Devices in
`asserting patents for its cardiac stent technology. Prior to jury selection, the case became part of a global settlement
`between Medtronic and Abbott. Our client, the inventor of several stents in the suit, received $42 million as part of the
`settlement.
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`Keker & Van Nest LLP 1 633 Battery Stre et, San Francisco, CA 94111 -1809 1 415 391 5400 1 kvn.com
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`

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`KEKER &. VAN NEST uP
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`National Union Dispute: We represented a national union in a dispute with another union, as well as during the
`initial stages of a federal court case.
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`Henderson v. Petersen et al: We represented a prisoner in a civil rights suit against three correctional officers who
`beat him in Pelican Bay State Prison and one officer who failed to intervene to stop the beating. After the plaintiffs
`case survived summary judgment, the federal court asked us to step in and represent him at trial. Following a five(cid:173)
`day trial and five hours of jury deliberation, Defendants settled the case for nearly twice the number the plaintiff
`presented to the jury.
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`Awards and Honors
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`Executive production editor, Hastings Law Journal
`•
`• Order of the Coif
`Thurston Society
`•
`•
`Academic Excellence Scholarship
`Roger J. Traynor Student Writing Scholarship Andrew G. Pavlovsky Memorial Scholarship
`•
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`Publications. and. Speaking Engagements
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`•
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`•
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`•
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`•
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`•
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`Presenter, "Antitrust Issues Stemming From Abbreviated New Drug Application (ANDA) Disputes," Bloomberg,
`2012
`Co-author, "ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators," American Bar
`Association , 2012
`Co-author, "Antitrust Issues that Arise in ANDA Disputes," Bloomberg BNA Pharmaceutical Law & Industry
`Report, 2012
`Co-author, "U .S. Supreme Court Decisions on Criminal Law and Related Topics, October 2005-2006 Term,"
`The State of Criminal Justice, 2006, 2007
`"Deficits in Language Mediated Operations in Patients with Schizophrenia," 53(3) Schizophrenia
`Research, 2002
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`Keker & Van Nest LLP I 633 Battery Street, San Francisco, CA 94111-1809 1 415 391 5400 1 kvn.com
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`

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`AFFIDAVIT OF SHARJF JACOB IN SUPPORT OF
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`MOTION FOR PRO HAC VICE ADMISSION
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`I, Sharif Jacob, being duly sworn and upon oath, hereby attest to the
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`following:
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`1.
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`I am a member in good standing of the Bar of Califmnia, as well as
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`the U.S. District Comi for the Northern District of California, U.S. District Comi
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`for the Central District of California, U.S. District Court for the Eastern District of
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`California, and the Ninth Circuit Court of Appeals.
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`2.
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`I have not been suspended or disbarred from practice before any court
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`or administrative body.
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`3.
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`I have never had an application for admission to practice before any
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`courf or administrative body .denied.
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`4.
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`No sanction or contempt citation has been imposed against me by any
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`court or administrative body.
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`5.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board's Rules of Practice for Trials set forth in part 42 of the C.F .R.
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`6.
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`I will be subject to the USPTO Code of Professional Responsibility
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`set forth in 37 C.P.R. §§ 10.20, et seq., and disciplinary jurisdiction under 37
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`C.P.R. § 11.19(a).
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`774545 .01
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`3
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`

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`7.
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`I have not applied to appear pro hac vice before the Office in any
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`other proceeding in the last three (3) years.
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`8.
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`I am an experienced litigation attorney, with experience with complex
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`litigation in both state and federal court. I am familiar with the subject matter at
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`issue in this proceeding," including the prior art on which Petitioners rely in this
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`request and U.S. Patent No. 5,832,494 ("the '494 Patent"). I have also reviewed
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`the pertinent issues of claim construction that have been briefed in this proceeding.
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`9.
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`I represent Linkedin Corp. and Twitter, Inc. in the civil actions
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`Software Rights Archive LLC v. Facebook, Inc., No. 5:12-cv-03970 RMW (N.D.
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`Cal. 2012); Software Rights Archive LLC v. Linkedin Corp., No. 5:12-cv-03971
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`RMW (N.D. Cal. 2012); and Software Rights Archive LLC v. Twitter, Inc., No.
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`5:12-cv-03972 RMW (N.D. Cal. 2012) in which the '494 Patent has been asserted.
`
`SharifJaco~~
`
`KEKER & VAN NEST LLP
`633 Battery Street
`San Francisco, CA 94111
`Tel: 415-391-5400
`Fax: 415-397-7188
`Email: SJacob@kvn.com
`
`774545 .01
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`4
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`CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
`~~~
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`State of California
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`County of
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`ate
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`5"'?VY1 ~/l/)1 C I .:;, co
`On 1/1 { L 2 n 3
`/or! t<- ;/-,
`before me,
`~ }
`personally appeared ~-~~·~~~~~~~;-~L·~-~~~~~~~~~~~~~~~~~~~~~~
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`}
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`Name(s) of Signer(s)
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`who proved to me on the basis of satisfactory evidence to
`be the personts}whose nam$) is/are-subscribed to the
`within
`instrument and acknowledged
`to me
`that
`he/sl::lettfley executed the same in his/hefftheir authorized
`capacity(~es-), and that by his/hefftl'tetr signature(st-on the
`instrument the person(sT, or the entity upon behalf of
`which the person(st-acted, executed the instrument.
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`I certify under PENALTY OF PERJURY under the laws
`of the State of California that the foregoing paragraph is
`true and correct.
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`WITNESS my hand and official seal.
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`Place Notary Seal Above
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`Though the information below is not required by Jaw, it may prove valuable to persons relying on the document
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`Description of Attached Document
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`TWeor~peclDocume~:~~~~~~~~~a~V~'~~~~~~~-~~~~r~~~~-~~-~-~~o=b~~~~~~~
`Document Date: q { / 7 { 2.1J I S
`NumberofPages: __ ~ __ - ____________ __
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`Signer(s) Other Than Named Above:
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`Capacity(ies) Claimed by Signer(s)
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`Signer's Name: ~ /18-V''I 9 3tt._cd:?
`~ Individual
`b Corporate Officer-- Title(s):
`0 Partner- 0 Limited 0 General
`0 Attorney in Fact
`0 Trustee
`0 Guardian or Conservator
`0 Other:----------------~
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`RIGHT THUMBPRINT
`OF SIGNER
`Top of thumb here
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`Signer's Name: ___________________________ _
`0 Individual
`0 Corporate Officer- Title(s): ----------------~
`0 Partner - 0 Limited 0 General
`0 Attorney in Fact
`0 Trustee
`0 Guardian or Conservator
`0 Other: __________ _
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`RIGHT THUMBPRINT
`OF SIGNER
`Top of thumb h ere
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`Signer Is Representing: ________ _
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`Signer Is Representing: ____ _
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`~~~~~
`©2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org
`Item #5907 Reorder: Call Toll-Free 1-800-876-6827
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`

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`CERTIFICATE OF SERVICE
`
`I hereby certify, pursuant to 37 CFR section 42.6, that a complete copy of
`the attached PETITIONERS’ MOTION FOR PRO HAC VICE ADMISSION,
`including all exhibits and related documents, is being served via Federal Express
`on the 2d day of October, 2013, the same day as the filing of the above-identified
`document in the United States Patent and Trademark Office/Patent Trial and
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`Appeal Board, upon the attorneys of record for the patent owner:
`
`Martin M. Zoltick
`
`Nancy J. Linck
`Rothwell, Figg, Ernst & Manbeck PC
`607 14th Street, NW, Suite 800
`Washington DC. 20005
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`and upon the counsel of record for the patent owner in the litigation before the
`United States District Court for the Northern District of California, Case Docket
`No. CV—12-3970-LB:
`
`W. Paul Schuck
`Thomas Whitelaw LLP
`
`Victor G. Hardy
`Chester J. Shiu
`
`Three Embarcadero Center, Suite 1350
`San Francisco, CA 94111-4037
`
`Dinovo Price Ellwanger & Hardy LLP
`7000 North Mopac Expressway
`Suite 350
`
`Austin, TX 78731
`
`/ Heidi L. Keefe/
`
`Heidi L. Keefe
`
`Reg. No. 40,673
`
`COOLEY LLP
`
`ATTN: Heidi L. Keefe
`
`Patent Docketing
`1299 Pennsylvania Ave. NW, Suite 700
`Washington, DC. 20004
`Tel: (650) 843—5001
`Fax: (650) 849-7400
`
`[157600 vaN
`
`