Filed on behalf of: Black Hills Media, LLC
`By:
`Theodosios Thomas
`Black Hills Media, LLC
`5400 Trinity Rd. Suite 303
`Raleigh, NC 27607
`Tel: (919) 233-1942, Ext. 203
`Fax: (919) 233-9907
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`YAMAHA CORPORATION OF AMERICA
`Petitioner
`
`v.
`
`BLACK HILLS MEDIA, LLC
`Patent Owner
`___________________
`
`Case No. IPR2013-00594
`U.S. Patent 8,050,652
`___________________
`
`Patent Owner’s Motion for Pro Hac Vice Admission of
`Reza Mollaaghababa Under 37 C.F.R. § 42.10(c)
`
`
`By:
`Theodosios Thomas
`Black Hills Media, LLC
`5400 Trinity Rd. Suite 303
`Raleigh, NC 27607
`Tel: (919) 233-1942, Ext. 203
`Fax: (919) 233-9907
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`YAMAHA CORPORATION OF AMERICA
`Petitioner
`
`v.
`
`BLACK HILLS MEDIA, LLC
`Patent Owner
`___________________
`
`Case No. IPR2013-00594
`U.S. Patent 8,050,652
`___________________
`
`Patent Owner’s Motion for Pro Hac Vice Admission of
`Reza Mollaaghababa Under 37 C.F.R. § 42.10(c)
`
`
`
`IPR2013-00594
`U.S. Patent 8,050,652
`
`I. RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(c) and the Board’s authorization to file
`
`motions for pro hac vice admission in the Order issued September 26, 2013, Patent
`
`Owner Black Hills Media (“Patent Owner”), by and through its attorneys,
`
`respectfully requests that the Board admit Reza Mollaaghababa pro hac vice in this
`
`proceeding.
`
`II. GOVERNING LAW, RULES, AND PRECEDENT
`
`Pursuant to 37 C.F.R. § 42.10(c), the Board may recognize counsel pro hac
`
`vice during a proceeding upon a showing of good cause, subject to the condition
`
`that lead counsel be a registered practitioner and to any other conditions as the
`
`Board may impose. For example, where the lead counsel is a registered
`
`practitioner, a motion to appear pro hac vice by counsel who is not a registered
`
`practitioner may be granted upon showing that counsel is an experienced litigating
`
`attorney and has an established familiarity with the subject matter at issue in the
`
`proceeding. 37 C.F.R. § 42.10(c)
`
`In the Order issued September 26, 2013, the Board requires that a motion for
`
`pro hac vice admission be filed in accordance with the “Order -- Authorizing
`
`Motion for Pro Hac Vice Admission” in Case IPR2013-00010 (MPT)
`
`(“Representative Order”). The Representative Order states that the motion must
`
`“[c]ontain a statement of facts showing there is good cause for the Board to
`
`1
`
`
`
`IPR2013-00594
`U.S. Patent 8,050,652
`recognize counsel pro hac vice during the proceeding,” and “[b]e accompanied by
`
`an affidavit or declaration of the individual seeking to appear attesting to the
`
`following”: i) membership in good standing of the Bar of at least one State or the
`
`District of Columbia; ii) no suspensions or disbarments from practice before any
`
`court or administrative body; iii) no application for admission to practice before
`
`any court or administrative body ever denied; iv) no sanctions or contempt
`
`citations imposed by any court or administrative body; v) the individual seeking to
`
`appear has read and will comply with the Office Patent Trial Practice Guide and
`
`the Board’s Rules of Practice for Trials set forth in part 42 of the C.F.R.; vi) the
`
`individual will be subject to the USPTO Code of Professional Responsibility set
`
`forth in 37 C.F.R. §§ 10.20 et seq.1 and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a); vii) all other proceedings before the Office for which the individual has
`
`applied to appear pro hac vice in the last three (3) years; and viii) familiarity with
`
`the subject matter at issue in the proceeding.
`
`III. STATEMENT OF FACTS
`
`The following statement of facts, supported by the attached Declaration of
`
`Reza Mollaaghababa in Support of Admission Pro Hac Vice (“Mollaaghababa
`
`
`1 The USPTO Code of Professional Responsibility in 37 C.F.R. § 10.20 et seq. was
`replaced by the USPTO Rules of Professional Conduct in 37 C.F.R. § 11.101 et
`seq., effective May 3, 2013.
`
`2
`
`
`
`IPR2013-00594
`U.S. Patent 8,050,652
`Decl.”), establishes good cause to admit Mr. Mollaaghababa pro hac vice in this
`
`proceeding.
`
`1.
`
`Patent Owner’s current lead counsel, Theodosios Thomas, is a
`
`registered practitioner (Reg. No. 45,159).
`
`2. Mr. Mollaaghababa is an experienced patent attorney with more than
`
`15 years of experience, including in post-grant proceedings. Mr.
`
`Mollaaghababa is a partner at the law firm of Pepper Hamilton LLP
`
`and is a member of the state bar of Massachusetts. (Mollaaghababa
`
`Decl. ¶¶ 1,8.) Mr. Mollaaghababa is also a registered practitioner
`
`before the United States Patent and Trademark Office (Reg. No.
`
`43,810). (Id. ¶ 1.) Mr. Mollaaghababa is a member in good standing
`
`in all jurisdictions where he has been admitted to practice. (Id.) Mr.
`
`Mollaaghababa has neither been suspended nor disbarred from
`
`practice before any court or administrative body, nor had an
`
`application denied for admission before any court or administrative
`
`body. (Id. ¶¶ 2-3.) Mr. Mollaaghababa has also never had any
`
`sanctions or contempt citations imposed by any court or
`
`administrative body. (Id. ¶ 4.)
`
`3. Mr. Mollaaghababa has read and agrees to comply with the Office
`
`Patent Trial Practice Guide and the Board’s Rules of Practice for
`
`3
`
`
`
`IPR2013-00594
`U.S. Patent 8,050,652
`Trials set forth in part 42 of the C.F.R. (Id. ¶ 5.) As a registered
`
`practitioner before the USPTO, Mr. Mollaaghababa understands that
`
`he is subject to the USPTO Rules of Professional Conduct 37 C.F.R.
`
`§§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a), and affirms that he is subject to the same. (Id. ¶ 6.)
`
`4. Mr. Mollaaghababa is currently seeking pro hac vice admission in the
`
`co-pending, related matters filed by Petitioner, Case Nos. IPR2013-
`
`00593 and IPR2013-00597. (Id. ¶ 7.) Though Mr. Mollaaghababa
`
`has not applied to appear pro hac vice in any other proceedings before
`
`the USPTO in the last three (3) years, Mr. Mollaaghababa commonly
`
`appears before the USPTO in proceedings as a registered USPTO
`
`practitioner. (Id.)
`
`5. Mr. Mollaaghababa has been engaged by the Patent Owner to
`
`represent the Patent Owner before the Board in light of his experience
`
`in proceedings before the USPTO. (Id. ¶ 9.) Mr. Mollaaghababa has
`
`familiarity with the subject matter at issue in this proceeding as well
`
`as in co-pending litigations initiated by the Patent Owner against the
`
`Petitioner and other entities in various jurisdictions. (Id.) Based on
`
`his previous experience and study of the particulars of the subject
`
`matter raised in the Petition, Mr. Mollaaghababa has acquired a
`
`4
`
`
`
`IPR2013-00594
`U.S. Patent 8,050,652
`substantial understanding of the underlying legal and technological
`
`issues at stake in the these proceedings. (Id.)
`
`IV. GOOD CAUSE EXISTS FOR PRO HAC VICE ADMISSION
`
`The facts outlined above in the Statement of Facts, and contained in the
`
`Declaration of Reza Mollaaghababa, establish that there is good cause to admit Mr.
`
`Mollaaghababa pro hac vice in this proceeding under 37 C.F.R. § 42.10. As
`
`supported by Mr. Mollaaghababa’s Declaration, Mr. Mollaaghababa is a registered
`
`practitioner before the USPTO and is an experienced patent attorney with 15 years
`
`of patent prosecution and patent litigation experience. Mr. Mollaaghababa has
`
`been engaged by the Patent Owner for this proceeding and has established
`
`familiarity with the particular subject matter at issue herein.
`
`V. CONCLUSION
`
`In light of the foregoing, Patent Owner respectfully requests that the Board
`
`admit Reza Mollaaghababa pro hac vice in this proceeding.
`
`Dated: December 18, 2013
`
`
`
`Respectfully submitted,
`By: /Theodosios Thomas R45159/
`Theodosios Thomas, Reg. No. 45,159
`Black Hills Media, LLC
`5400 Trinity Rd. Suite 303
`Raleigh, NC 27607
`Tel: (919) 233-1942, Ext. 203
`Fax: (919) 233-9907
`Attorney for Patent Owner
`
`5
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2013-00594
`U.S. Patent 8,050,652
`
` I
`
`
`
`
`dfehrman@mofo.com
`marjomand@mofo.com
`
` hereby certify that on December 18, 2013, a true and accurate copy of this paper, PATENT
`OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF REZA MOLLAAGHABABA UNDER 37 C.F.R.
`§ 42.10(C) AND THE SUPPORTING DECLARATION OF REZA MOLLAAGHABABA, were served on the
`following counsel for Petitioner Yamaha of America via email and U.S. Express Mail:
`
`David L. Fehrman
`Mehran Arjomand
`Morrison & Foerster LLP
`707 Wilshire Boulevard
`Los Angeles, CA 90017-3543
`Tel: (213) 892-5630
`Fax: (323) 210-1329
`
` December 18, 2013
`
`
`
`By: /Theodosios Thomas R45159/
`Theodosios Thomas, Reg. No. 45,159
`Black Hills Media, LLC
`5400 Trinity Rd. Suite 303
`Raleigh, NC 27607
`Tel: (919) 233-1942, Ext. 203
`Fax: (919) 233-9907
`Attorney for Patent Owner
`
`
`
`
`
`
`Dated:
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