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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION
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`Petitioner
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`V.
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`BE. TECHNOLOGY, L.L.C.
`Patent Owner
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`Case IPR2014-00040
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`Patent 6,771,290
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`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
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`B.E. Technology’s Motion for Pro Hac Vice Admission of Jessica N. Leal
`Pursuant to 37 C.F.R. § 42.10
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
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`PO. Box 1450
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`Alexandria, VA 22313-1450
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`
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`Patent Owner respectfully requests the Board to recognize Jessica N. Leal as
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`counsel pro hac vice during this proceeding.1 Pursuant to 37 C.F.R. § 42.10 and in
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`response to the authorization provided by the United States Patent and Trademark
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`Office’s Patent Trial and Appeal Board (“Board”) in the Notice of Filing Date
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`Accorded to Petition (Paper Number 4, entered October 24, 2013) (“Notice”),
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`Patent Owner B.E. Technology, L.L.C. (“Patent Owner”) submits this motion for
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`Ms. Leal to appear pro hac vice.
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`I.
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`Timefor Filing
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`Pursuant to the “Order — Authorizing Motion for Pro Hac Vice Admission”
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`in Case IPR2013-006392 (“Order”), this motion for pro hac vice admission is being
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`filed no sooner than twenty-one (21) days after service of the petition.
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`11.
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`Good Cause for Additional Back— Up Counsel
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`Patent Owner respectfully requests admission of Ms. Leal as additional
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`back-up counsel3 to promote attorney availability for the discovery period and trial.
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`1 Corresponding motions for Pro Hac Vice admission are being concurrently filed in co-pending
`cases IPR2014-00029, IPR2014-00031, IPR2014-00033, IPR2014—00038, IPR2014-00039,
`IPR2014-00044, IPR2014-00052, IPR2014—00053, IPR2014-00698, and IPR2014-00699.
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`2 Patent Owner notes that while the Notice references the “Order — Authorizing Motion for Pro
`Hac Vice Admission” in Case IPR2013-00010 (MPT), the Order in Case IPR2013-00639 states
`that the Final Rule regarding Changes to Representation of Others Before the United States
`Patent and Trademark Office removes part 10 of title 37, CPR. referred to in the Order in Case
`IPR2013-00010 (MPT). Accordingly, for purpose of this proceeding, Patent Owner will refer to
`the Order in Case IPR2013-00639.
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`3 Patent Owner is concurrently filing corresponding motions for Pro Hac Vice admission for
`Daniel J. Weinberg as additional back-up counsel.
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`-2-
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`
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`Patent Owner has a sufficient need for the admission of additional back-up
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`counsel. The Board has instituted nine separate inter partes review (“IPR”) trials
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`against two B.E. Technology, L.L.C. patents. Five more IPR petitions have been
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`filed with motions for joinder, bringing the total to fourteen IPRs. Patent Owner
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`has to conduct discovery, including deposing five experts, three of whom have
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`offered opinions on both patents. In order to efficiently and effectively cover the
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`ground necessary in these IPRs, Patent Owner seeks the pro hac vice admission of
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`additional back—up counsel. This request is accompanied by the attached Power of
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`Attorney.
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`111.
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`Statement ofFacts
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`Pursuant to the Order, the following statement of facts, supported by the
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`attached Declaration of Ms. Leal, shows that there is good cause for the Board to
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`recognize Ms. Leal pro hac vice.
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`Lead counsel for this proceeding, Jason S. Angell, is a registered practitioner
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`(Reg. No. 51408).
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`Ms. Leal is an experienced litigation attorney, and has served as counsel in
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`numerous complex litigations and patent infringement cases in various district
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`courts. Ms. Leal has not been suspended or disbarred from practice, and she has
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`not had any application for admission to practice denied, or had any sanctions or
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`contempt citations imposed against her. Ms. Leal is an active member in good
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`
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`standing of the California Bar and is admitted to practice before the Supreme Court
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`of the United States, the United States Court of Federal Claims, the United States
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`Court of Appeals for the Ninth Circuit, the US. District Court for the Northern
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`District of California, the United States District Court for the Eastern District of
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`California, and the US. District Court for the Central District of California. Her
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`mailing address is Freitas Angell & Weinberg LLP, 350 Marine Parkway, Suite
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`200, Redwood Shores, California 94065, her email address is jleal@fawlaw.com,
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`and her direct dial telephone number is (650) 730-5508.
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`Ms. Leal is a member of the trial team for Patent Owner in BE. Technology,
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`L.L. C. v. Microsoft Corporation, No. 2: l2-cv-02829, co—pending litigation in the
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`United States District Court for the Western District of Tennessee. That litigation
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`involves US. Patent No. 6,771,290 (“’290 Patent”), the patent at issue in this
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`proceeding. In her role as counsel in the co-pending litigation, Ms. Leal is
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`knowledgeable about the ’290 Patent, and assertions regarding the invalidity of the
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`’290 patent. Further, Ms. Leal is familiar with the factual and legal matters at issue
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`in that case, including the claim construction issues likely to be presented in the co-
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`pending litigation. Ms. Leal has thus established familiarity with the subject
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`matter at issue in this proceeding.
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`Ms. Leal has read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules for Practice for Trials set forth in part 42 of the
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`
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`C.F.R., and she agrees to be subject to the USPTO Rules of Professional Conduct
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`set forth in 37 C.F.R. § 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a). Ms. Leal has not applied pro hac vice in any other proceeding before
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`the United States Patent and Trademark Office in the last three years, other than in
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`co-pending inter partes review proceedings involving B.E. Technology patents.
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`Patent Owner has expended significant resources in the co-pending litigation
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`with Ms. Leal as counsel, and Patent Owner wishes Ms. Leal to represent it in this
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`proceeding.
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`IV. Aflia’avit 0r Declaration ofIndividual Seeking to Appear
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`This motion for pro hac vice admission is accompanied by a Declaration of
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`Ms. Leal as required by the Order.
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`V.
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`Conclusion
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`The facts contained in the Statement of Facts above, and contained in the
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`Declaration of Ms. Leal, establish that there is good cause to admit Ms. Leal pro
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`hac vice in this proceeding under 37 C.F.R. § 42.10(c).
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`Date: May 29, 2014
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`Respectfully submitted,
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`By: /s/ Jason S. Angell
`Jason S. Angell
`Reg. No. 51408
`Counsel for Patent Owner
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`
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`EXHIBIT A
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`
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`DECLARATION OF JESSICA N. LEAL IN SUPPORT OF
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`MOTION FOR PRO HAC VICE ADMISSION
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`Pursuant to 37 CPR. § 1.68, I, Jessica N. Leal, hereby attest to the
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`following:
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`1.
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`My mailing address is Freitas Angell & Weinberg LLP, 350 Marine
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`Parkway, Suite 200, Redwood Shores, California 94065, my email address is
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`jleal@fawlaw.com, and my telephone number is (650) 730-5 508.
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`2.
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`I am a member in good standing of the California Bar (admitted in
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`2009), as well as the following federal courts:
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`a.
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`b.
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`0.
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`(1.
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`e.
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`f.
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`Supreme Court of the US;
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`US. Court of Federal Claims;
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`US. Court of Appeals for the Ninth Circuit;
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`US. District Court for the Northern District of California;
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`US. District Court for the Central District of California; and
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`US. District Court for the Eastern District of California.
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`3.
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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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`4.
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`I have never had an application for admission to practice before any
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`court or administrative body denied;
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`5.
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`I have never had sanctions or contempt citations imposed by any court
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`
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`or administrative body against me;
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`6.
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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 37 C.F.R.;
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`7.
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`I will be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. §
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`1 1.19(a);
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`8.
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`I have not applied to appear pro hac vice before the United States
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`Patent and Trademark Office in any other proceeding in the last three years; and
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`9.
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`I graduated from law school in 2009 and I have been engaged full
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`time in private law practice since December 2009.
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`I am an experienced litigation
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`attorney and have served as counsel in numerous complex litigations and patent
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`infringement cases in various district courts.
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`10.
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`I am a member of the trial team for counsel for Patent Owner in a co-
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`pending litigation (BE. Technology, L.L. C. v. Microsoft Corporation, No. 2: 12-cv-
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`02829) in which US. Patent No. 6,771,290 is asserted against Petitioner.
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`I have
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`reviewed and am familiar with the patent and assertions regarding the invalidity of
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`the patent. Accordingly, I am familiar with the subject matter at issue in the
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`proceeding.
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`I declare under penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct.
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`
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`Executed on May 28, 2014.
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`EXHIBIT B
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSOFT CORPORATION
`
`Petitioner
`
`V.
`
`BE. TECHNOLOGY, L.L.C.
`Patent Owner
`
`Case IPR2014-00040
`
`Patent 6,771,290 B1
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE and LYNNE E.
`PETTIGREW, Administrative Patent Judges
`
`POWER OF ATTORNEY
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`DESIGNATING ADDITIONAL BACK-UP COUNSEL
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`P.O. Box 1450
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`Alexandria, VA 223 13-1450
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`
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`Pursuant to 37 CPR. § 42.10(b), Patent Owner, B.E. Technology, L.L.C.,
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`hereby appoints the following as its additional back-up counsel to transact all
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`business in the United States Patent & Trademark Office associated with the
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`above-captioned inter partes review:
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`Additional Back-Up Counsel
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`Jessica N. Leal (pro hac vice motion)
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`FREITAS ANGELL & WEINBERG LLP
`350 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`Telephone: (650)593-6300
`Facsimile:
`(650)593—6301
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`The individual signing below as the authority to execute this document on
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`behalf of BB Technology, L.L.C.
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`
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`
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`CERTIFICATE OF SERVICE
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`It is certified that copies of BB Technology’s Motion for Pro Hac Vice
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`Admission of Jessica N. Leal Pursuant to 37 C.F.R. § 42.10 and the Declaration of
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`Jessica N. Leal In Support of Motion for Pro Hac Vice Admission have been
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`served on Petitioner as provided in 37 C.F.R. § 42.6(e) Via electronic mail
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`transmission addressed to the persons at the address below:
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`Jeffrey P. Kushan
`Scott M. Border
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`SIDLEY AUSTIN LLP
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`jkushan@sidley.com
`sborder@sidley.com
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`Date: May 29, 2014
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`By: /s/Jason S. Angeli
`Jason S. Angell
`Reg. No. 51408
`Counsel for Patent Owner
`
`