Case IPR2014-00052
`Patent No. 6,628,314
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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.
`Petitioner
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`v.
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`B.E. Technology, L.L.C.
`Patent Owner
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`Case No. IPR2014-00052
`Patent 6,628,314
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`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`

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`Case IPR2014-00052
`Patent No. 6,628,314
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` Petitioner respectfully requests that the Board recognize Mr. Mark Weinstein
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`as counsel pro hac vice during this proceeding.
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`I. BACKGROUND
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`Petitioner’s Motion for Pro Hac Vice Admission is filed in compliance with and
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`pursuant to the “Order – Authorization Motion for Pro Hac Vice Admission” in Case
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`No. IPR2013-00010 (MPT).
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`II. 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. Weinstein pro hac vice.
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`Mr. Weinstein is an experienced litigation attorney and has been involved in
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`numerous complex litigations in state and federal courts. Mr. Weinstein’s biography is
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`attached hereto as Exhibit A.
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`Mr. Weinstein has reviewed U.S. Patent No. 6,628,314 and the petitions
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`already filed in this proceeding. Further, Mr. Weinstein is counsel of record in the co-
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`pending litigation between the parties, B.E. Technology, L.L.C. v. Facebook, Inc., No.
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`2:12-cv-2769 (WDTN 2012), and as such, is familiar with the subject matter at issue in
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`this proceeding.
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`BE was consulted through its litigation counsel in the co-pending litigation on
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`November 1, 2013. BE stated at that time that it does not oppose this motion.
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`Case IPR2014-00052
`Patent No. 6,628,314
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`Therefore, Petitioner respectfully submits that there is good cause for the
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`Board to recognize Mr. Weinstein as counsel pro hac vice during this proceeding.
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`III. AFFIDAVIT OR DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
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`Petitioner’s Motion for Pro Hac Vice Admission is accompanied by an Affidavit
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`of Mr. Mark Weinstein as required by the Order.
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`
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`Dated: November 21, 2013
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`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`Tel: (703) 456-8000
`Fax: (202) 842-7899
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`By:
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`Respectfully submitted,
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`COOLEY LLP
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`/Heidi L. Keefe/______________
`Heidi L. Keefe
`Reg. No. 40,673
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`EXHIBIT A
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`EXHIBIT A
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`Cooley LLP | Mark Weinstein
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`Page 1 of 3
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`Palo Alto—Hanover
`Campus
`3175 Hanover Street
`Palo Alto, California
`94304-1130
`
`Phone: +1 650 843
`5007
`Fax: +1 650 849 7400
`mweinstein@cooley.com
`
`Mark Weinstein, Partner
`
`Mark Weinstein is a partner in the Cooley Litigation department and
`member of the Intellectual Property practice group. He joined the Firm in
`2009 and is resident in the Palo Alto office.
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`Mr. Weinstein's practice focuses on patent and other complex technology-
`related disputes. He has handled a number of high-stakes litigations
`throughout the United States involving a variety of technologies, including
`computer software and hardware, Internet applications, electronic
`transactions, e-commerce, computer networking, entertainment software,
`and medical devices.
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`Representative cases include:
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`Patents
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`(cid:132) Facebook, Inc. Mark has represented and is representing Facebook in
`more than a dozen patent infringement actions, including Yahoo! Inc v.
`Facebook, Inc. (N.D. Cal.), Leader Technologies, Inc. v. Facebook, Inc.
`(D. Del.), Tele-Publishing, Inc. v. Facebook, Inc. (D. Mass.), Mekiki Co.,
`Ltd. v. Facebook, Inc. (D. Del.), Cross-Atlantic Capital Partners, Inc. v.
`Facebook, Inc. (E.D. Pa.), Unified Messaging Solutions LLC v.
`Facebook, Inc. (E.D. Tex.), Walker Digital, LLC v. Facebook, Inc. (D.
`Del.), and several others.
`(cid:132) HTC Corporation and HTC America. Mark has defended and is
`currently defending HTC in several patent litigations including HTC v.
`Technology Properties Ltd. (N.D. Cal.), Digitude Innovations LLC v.
`HTC (D. Del. and U.S. ITC), ADC Technology, Inc. v. HTC et al. (N.D.
`Ill.), Microunity Systems Eng'g v. HTC et al. (E.D. Tex.) and
`BandSpeed, Inc. v. HTC Corp. et al. (W.D. Tex), SP Technologies, Ltd.
`v. HTC et al. (N.D. Ill.), Implicit Networks, Inc. v. HTC (N.D. Cal.), and
`several others.
`(cid:132) LinkedIn Corporation. Mark is representing LinkedIn in Jaipuria v.
`LinkedIn Corp. et al. (E.D. Tex.) and Cathas Advanced Technologies
`LLC v. LinkedIn Corp. (D. Del.)
`(cid:132) EMC Corporation. In Hewlett-Packard Company et al. v. EMC
`Corporation (N.D. Cal.), Mr. Weinstein represented EMC in a patent
`infringement suit involving thirteen patents relating to mass data storage
`systems, servers and printers. HP initiated the lawsuit by suing EMC for
`alleged infringement of seven patents. EMC counterclaimed against HP
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`http://www.cooley.com/mweinstein
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`Cooley LLP | Mark Weinstein
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`Page 2 of 3
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`with six of its own patents. Following claim construction proceedings
`and motion practice, the case settled with HP agreeing to pay EMC
`more than $325 million, one of the largest patent settlements on record.
`(cid:132) In-Three, Inc. In IMAX Corporation v. In-Three, Inc. (C.D. Cal.), Mr.
`Weinstein defended In-Three in a patent infringement suit involving
`software for producing three dimensional motion pictures. In-Three
`defeated a motion for preliminary injunction filed by IMAX that
`threatened to shut down In-Three's operations.
`(cid:132) eBay Inc. In Tumbleweed Communications Corp. v. eBay, Inc. et al.
`(N.D. Cal.), Mr. Weinstein defended eBay and its subsidiary PayPal
`against allegations of infringement of three software patents related to
`electronic financial transactions. The case settled on favorable terms
`during the pendency of a summary judgment motion filed by eBay and
`PayPal that sought to invalidate Tumbleweed's patents in light of the
`prior art.
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`Trade Secrets
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`(cid:132) Cirrus Logic, Inc. In Silvaco Data Systems v. Cirrus Logic, Inc. (Santa
`Clara Sup. Ct.), Mark represented Cirrus Logic in a trade secret lawsuit
`involving Electronic Design Automation technology. Cirrus Logic
`obtained summary judgment that it did not misappropriate any of the
`plaintiff's trade secrets, which was affirmed on appeal.
`(cid:132) Alstom ESCA Corporation. In ABB Power T&D Company v. Alstom
`ESCA Corporation et al. (N.D. Cal.), Mr. Weinstein was a member of a
`team representing Alstom in a six week federal jury trial involving claims
`for trade secret misappropriation, copyright infringement, breach of
`contract and a variety of business torts, which resulted in a unanimous
`verdict exonerating the client from liability. The technologies in the case
`related to hardware and software systems for the electric power
`industry.
`(cid:132) Advanced Modular Sputtering (AMS). In Sputtered Films, Inc. v.
`Advanced Modular Sputtering, Inc. et al. (Santa Barbara Sup. Ct.), Mr.
`Weinstein represented AMS in a trade secret case involving PVD
`sputtering technologies. The case generated an oft-cited decision
`clarifying California's statute requiring plaintiffs to identify their trade
`secrets, Advanced Modular Sputtering v. Superior Court, 132 Cal. App.
`4th 826 (2005).
`(cid:132) Minerva Networks, Inc. In Myrio, Inc. v. Minerva Networks, Inc. (N.D.
`Cal.), Mark defended Minerva against trade secret, unfair competition
`and false advertising claims involving technologies for delivering
`television and multimedia services over broadband networks. The case
`settled favorably after the court ruled that Myrio had failed to adequately
`identify its trade secrets.
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`http://www.cooley.com/mweinstein
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`Cooley LLP | Mark Weinstein
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`Page 3 of 3
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`Technology/IP Licensing
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`(cid:132) DVD Copy Control Association (DVD CCA). In RealNetworks, Inc., et
`al. v. DVD Copy Control Association, Inc. et al. (N.D. Cal.) and DVD
`Copy Control Association, Inc. v. Kaleidescape, Inc. (Santa Clara Sup.
`Ct.), Mark represented the DVD CCA in two separate actions alleging
`breach of the technology license that covers use of the Content
`Scramble System (CSS) technology that is used to prevent copying of
`motion picture DVDs. DVD CCA obtained an injunction from the trial
`courts in both actions prohibiting sales of products that did not comply
`with the license. The Kaleidescape action is currently on appeal.
`(cid:132) Marshal Software. Mark represented Marshal, a leading producer of
`Internet security and anti-spam software, in three trademark and unfair
`competition lawsuits against competing companies. All three cases
`resulted in the defendants agreeing to rebrand their products to avoid
`any use of Marshal's trademarks.
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`Mr. Weinstein is a frequent lecturer on all aspects of intellectual property
`protection and has taught classes at Santa Clara University School of
`Law. Prior to joining the Firm, Mr. Weinstein was a partner at a large
`international law firm and served as the managing partner in charge of that
`firm's Silicon Valley office. He is also a former law clerk for the Honorable
`Thomas J. Whelan, District Judge, United States District Court for the
`Southern District of California.
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`Education
`(cid:132) University of San Diego School of Law
`JD, 1997
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`(cid:132) University of California, San Diego
`BS, 1992
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`Court Admissions
`(cid:132) U.S. Court of Appeals, Federal Circuit
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`(cid:132) U.S. District Court, Central District of California
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`(cid:132) U.S. District Court, Eastern District of Texas
`(cid:132) U.S. District Court, Northern District of California
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`(cid:132) U.S. District Court, Southern District of California
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`Bar Admissions
`(cid:132) California
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`©2003-2013 Cooley LLP. All rights reserved.
`COOLEY® and the COOLEY LLP® logo are registered U.S. service marks of Cooley LLP.
`Cooley was founded in 1920 – for our story, visit our history page.
`
`http://www.cooley.com/mweinstein
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`Case IPR2014-00052
`Patent No. 6,628,314
`
`
`
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`AFFIDAVIT OF MR. MARK WEINSTEIN IN SUPPORT OF
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`MOTION FOR PRO HAC VICE ADMISSION
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`I, Mark Weinstein, 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 California as well as the
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`U.S. District Court for the Northern District of California, U.S. District Court for the
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`Central District of California, U.S. District Court for the Southern District of California,
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`U.S. District Court for the Eastern District of Texas, Federal Circuit Court of Appeals,
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`and 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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`court 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 Guide
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`and the Board’s Rules of Practice for Trials set forth in part 42 of the C.F.R.
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`Case IPR2014-00052
`Patent No. 6,628,314
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`6.
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`I will be subject to the USPTO Code of Professional Responsibility set
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`forth in 37 C.F.R. §§ 10.20, et seq., and disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a).
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`7.
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`I have applied simultaneously with this application to appear pro hac
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`vice in IPR2014-00053. In the past three (3) years, I have also applied to appear pro
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`hac vice before the Office in IPR2013-00478, IPR2013-00479, IPR2013-00480, and
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`IPR2013-00481.
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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 issue in
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`this proceeding, including the prior art on which Petitioners rely in this request and
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`U.S. Patent No. 6,628,314. I have also reviewed the pertinent issues of claim
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`construction that have been briefed in this proceeding.
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`Mark Weinstein
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304
`Tel: 650-843-5007
`Fax: 650-849-7 400
`Email: mweinstein@cooley.com
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`2
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`Countyof~~
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`Subscribed and sworn to (or affirmed) before me on this
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`Case IPR2014-00052
`Patent No. 6,628,314
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`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that a copy of the foregoing Petitioners’ Motion for
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`Pro Hac Vice Admission under 37 C.F.R. § 42.10 and Affidavit of Mr. Mark Weinstein in
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`Support of Motion for Pro Hac Vice Admission together with all exhibits and other papers
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`filed therewith were served on November 21, 2013, via electronic mail transmission
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`addressed to the persons at the address below:
`
`Jason S. Angell
`Robert E. Freitas
`Freitas Tseng & Kaufman
`100 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`Telephone: (650) 593-6300
`Facsimile: (650) 593-6301
`jangell@ftklaw.com
`rfreitas@ftklaw.com
`BEIPRFTK@ftklaw.com
`
`
`By:
`
`
`
`_/Heidi L. Keefe/___________
`Heidi L. Keefe
`Reg. No. 40,673
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