`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEALS BOARD
`
`NETFLIX, INC.
`Petitioner
`
`v.
`
`OPENTV, INC.
`Patent Owner
`
`Case No.: IPR2014-00252
`Patent No.: 8,107,786
`
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE OF
`MATTHEW V. TOPIC PURSUANT TO 37 C.F.R. § 42.10(C)
`
`Mail Stop Inter Partes Review
`Commissions for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`Patent Owner OpenTV, Inc. respectfully requests the Board to recognize
`
`Matthew V. Topic as counsel pro hac vice during this proceeding.
`
`I.
`
`TIME FOR FILING
`This Motion for Admission Pro Hac Vice is being filed with the Board’s
`
`authorization and in accordance with “Order -- Authorizing Motion for Pro Hac
`
`Vice Admission” entered in Case IPR2013-00639 at Paper 7. This motion is being
`
`filed no sooner than 21 days after service of the Netflix IPR petition.
`
`
`
`
`
`Patent Owner’s Preliminary Response Pursuant to 35 U.S.C. § 313 and 37 C.F.R. § 42.107
`
`II.
`
`STATEMENT OF FACTS SHOWING GOOD CAUSE
`The Patent Owner has been authorized to file motions seeking admission pro
`
`hac vice under 37 C.F.R. 42.10(c). (Paper No. 4 at 2.) The Patent Owner’s lead
`
`and back-up counsel are registered practitioners.
`
`Back-up Counsel
`Lead Counsel
`Russell E. Levine, P.C. (Reg. No. 32,153) Eugene Goryunov (Reg. No. 61,579)
`
`As demonstrated below, there is good cause for the Board to recognize Mr.
`
`Topic pro hac vice.
`
`Mr. Topic is an experienced litigation attorney, and has been involved in
`
`numerous litigations involving patent infringement in District Courts across the
`
`country and before the International Trade Commission.
`
`U.S. Patent No. 8,107,786 is currently involved in a co-pending litigation
`
`OpenTV, Inc. v. Netflix, Inc., Case No. 1:12-cv-01733 (D. Del.). Mr. Topic is
`
`counsel for the Patent Owner in the co-pending litigation and, as such, has an
`
`established familiarity with the subject matter at issue in this proceeding. Mr.
`
`Topic is also actively involved in all aspects of the co-pending litigation, including
`
`the issues of invalidity and claim construction concerning U.S. Patent No.
`
`8,107,786. Admission of Mr. Topic pro hac vice will enable the Patent Owner to
`
`avoid unnecessary expense and duplication of work between this proceeding and
`
`the co-pending litigation.
`
`
`
`2
`
`
`
`Patent Owner’s Preliminary Response Pursuant to 35 U.S.C. § 313 and 37 C.F.R. § 42.107
`
`The Patent Owner’s lead and backup counsel are registered practitioners,
`
`Mr. Topic is an experienced litigation attorney, and Mr. Topic has an established
`
`familiarity with the subject matter at issue in this proceeding. Therefore, the Patent
`
`Owner respectfully submits that there is good cause for the Board to recognize Mr.
`
`Topic as counsel pro hac vice during this proceeding.
`
`III. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`This Motion for Admission Pro Hac Vice is accompanied by Exhibit 2001
`
`which is a supporting Declaration of Matthew V. Topic.
`
`Date: February 14, 2014
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Eugene Goryunov
`Russell E. Levine, P.C. (Reg. No. 32,153)
`Eugene Goryunov (Reg. No. 61,579)
`KIRKLAND & ELLIS LLP
`300 North LaSalle
`Chicago, Illinois 60654
`russell.levine@kirkland.com
`eugene.goryunov@kirkland.com
`Telephone: (312) 862-2000
`Fax: (312) 862-2200
`Attorneys For Patent Owner
`
`3
`
`
`
`Patent Owner’s Preliminary Response Pursuant to 35 U.S.C. § 313 and 37 C.F.R. § 42.107
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Patent
`
`Owner’s Motion for Admission Pro Hac Vice of Matthew V. Topic Pursuant to 37
`
`C.F.R. § 42.10(C) was served on February 14, 2014, via e-mail, pursuant to
`
`agreement by the parties, directed to counsel of record for the Petitioner at the
`
`following:
`
`Andrew S. Ehmke
`andy.ehmke.ipr@haynesboone.com
`Scott Jarratt
`scott.jarratt.ipr@haynesboone.com
`HAYNES AND BOONE, LLP
`2323 Victory Ave., Suite 700
`Dallas, Texas 75219
`
`
`
`/s/ Eugene Goryunov
`
`
`
`
`
`
`
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