`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`________________
`
`IPR2014-00252
`Patent 8,107,786
`
`________________
`
`PETITIONER’S SECOND MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10(C)
`
`
`
`Petitioner’s Second Motion for Pro Hac Vice Admission
`
`IPR2014-00252
`Patent No. 8,107,786
`
`Petitioner Netflix, Inc. respectfully moves that the Board recognize Ms.
`
`Laura E. Miller as counsel pro hac vice during this proceeding.
`
`1. Time for Filing
`
`This Motion for Pro Hac Vice Admission is being filed no sooner than
`
`twenty one (21) days after service of the petition.
`
`2. Statement of Facts Showing Good Cause for Counsel Pro Hac Vice
`
`Petitioner has been authorized to file motions seeking admission pro hac
`
`vice under 37 C.F.R. 42.10(c). (Paper No. 3 at 2.). Petitioner’s lead and back-
`
`up counsel are registered practitioners:
`
`Lead Counsel:
`
`Andrew S. Ehmke, USPTO Reg. No. 50,271;
`
`Backup Counsel: Dustin Johnson, USPTO Reg. No. 47,684.
`
`The following statement of facts shows that there is good cause for the Board to
`
`recognize Ms. Miller pro hac vice on behalf of the Petitioner.
`
`In summary, Ms. Miller is an experienced litigator, has established
`
`familiarity with the subject matter at issue in this proceeding from her participation
`
`in co-pending litigation involving the subject patent, and if admitted, will be
`
`involved in the depositions that occur in this proceeding. Specifically, U.S. Patent
`
`No. 8,107,786 is currently asserted against Petitioner in a co-pending litigation,
`
`OpenTV, Inc., et al. v. Netflix, Inc., 3:14-cv-01525-RS, 5:14-cv-01723-RS (N.D.
`
`–1–
`
`
`
`IPR2014-00252
`Petitioner’s Second Motion for Pro Hac Vice Admission
`Patent No. 8,107,786
`Cal.) (“the co-pending litigation”). Ms. Miller is a member of the California bar in
`
`good standing, and is representing the Petitioner, Netflix, Inc., in the co-pending
`
`litigation.
`
`Ms. Miller has analyzed prior art references and claim charts in connection
`
`with invalidity contentions and has been involved in forming claim construction
`
`positions related to the claimed inventions, all of which are relevant to the petition
`
`requesting inter partes review of U.S. Patent No. 8,107,786. Netflix, Inc. wishes
`
`to apply Ms. Miller’s knowledge of the patent by employing her as counsel in this
`
`proceeding. Admission of Ms. Miller pro hac vice will enable the Petitioner to
`
`avoid unnecessary expense and duplication of work between this proceeding and
`
`the co-pending litigation.
`
`Petitioner’s lead and backup counsel are registered practitioners and Ms.
`
`Miller is an experienced litigation attorney having familiarity with the subject
`
`matter at issue in this proceeding. Therefore, Netflix, Inc. respectfully submits that
`
`there is good cause for the Board to recognize Ms. Miller as counsel pro hac vice
`
`during this proceeding.
`
`–2–
`
`
`
`Petitioner’s Second Motion for Pro Hac Vice Admission
`3. Affidavit of Individual Seeking to Appear
`
`IPR2014-00252
`Patent No. 8,107,786
`
`This Motion for Pro Hac Vice Admission is supported by an Affidavit of
`
`Ms. Miller (NTFX-1007).
`
`Date: August 12, 2014
`
`Respectfully submitted,
`
`By /Andrew S. Ehmke/
`Andrew S. Ehmke
`Registration No. 50,271
`Lead Counsel for Petitioner, Netflix
`
`–3–
`
`
`
`Petitioner’s Second Motion for Pro Hac Vice Admission
`
`IPR2014-00252
`Patent No. 8,107,786
`
`PETITIONER’S EXHIBIT LIST
`
`August 12, 2014
`
`NTFX-1001
`NTFX-1002
`NTFX-1003
`
`NTFX-1004
`
`U.S. Patent No. 8,107,786
`Prosecution History of U.S. Patent No. 8,107,786
`U.S. Patent Publication No. 2005/0097599 to Plotnick et
`al.
`U.S. Patent No. 6,820,277 to Eldering et al.
`
`NTFX-1005
`
`Declaration of Richard Kramer Under 37 C.F.R. § 1.6
`
`NTFX-1006
`
`NTFX-1007
`
`Affidavit Of Clement S. Roberts In Support Of
`Petitioner’s Motion For Pro Hac Vice Admission
`Affidavit Of Laura E. Miller In Support Of Petitioner’s
`Second Motion For Pro Hac Vice Admission
`
`
`
`Petitioner’s Second Motion for Pro Hac Vice Admission
`
`IPR2014-00252
`Patent No. 8,107,786
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.105, that
`
`service was made on the Patent Owner as detailed below.
`
`Date of service August 12, 2014
`
`Manner of service Electronic Mail
`
`Documents served Petitioner’s Second Motion For Pro Hac Vice Admission
`Pursuant To 37 C.F.R. § 42.10(C)
`
`Petitioner’s Exhibit List of August 12, 2014
`
`Exhibit NTFX-1007
`
`Persons served Erika H. Arner (erika.arner@finnegan.com)
`Joshua L. Goldberg (joshua.goldberg@finnegan.com)
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`11955 Freedom Drive
`Reston, VA, 20190
`
`Russell E. Levine (russell.levine@kirkland.com)
`Eugene Goryunov (eugene.goryunov@kirkland.com)
`James B. Medek (james.medek@kirkland.com)
`Kirkland and Ellis, LLP
`300 North LaSalle
`Suite 2400
`Chicago, IL 60654
`
`/Andrew S. Ehmke/
`Andrew S. Ehmke
`Registration No. 50,271
`
`
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