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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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`SkyHawke Technologies, LLC
`Petitioner
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`v.
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`L&H Concepts, LLC
`Patent Owner
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`Case IPR2014-00437
`Patent 5,779,566
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`PATENT OWNER L&H CONCEPTS, LLC’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`Proceeding No.: IPR2014-00438
`Attorney Docket: 30912-0003IP2
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`2002
`2003
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`Exhibit No. Description
`Berk-Tek LLC v. Belden Technologies Inc., IPR2013-00057 (Paper
`2001
`21, May 14, 2013)
`In re Morris, 127 F.3d 1048 (Fed. Cir. 1997)
`NTP, Inc. v. Research In Motion, Ltd., 418 F.3d 1282 (Fed. Cir.
`2005)
`Catalina Mktg. Int’l, Inc. v. Coolsavings.com, Inc., 289 F.3d 801
`(Fed. Cir. 2002)
`Novatek, Inc. v. Sollami Co., No. 2013-1389, 2014 U.S. App.
`LEXIS 5512 (Fed. Cir. Mar. 26, 2014)
`ʼ566 patent prosecution history, May 27, 1997 Office Action
`Response
`Blackberry Corporation, et a., v. Mobilemedia Ideas, LLC,
`IPR2013-00036, (Paper 65, Mar. 7, 2014)
`Universal Remote Control, Inc. v. Universal Electronics, Inc.,
`IPR2013-00152, (Paper 8, Aug. 19, 2013)
`Sony Corp v. Yissum Research Development Co. of the Hebrew
`Univ. of Jerusalem, IPR2013-00219 (Paper 33, Nov. 21, 2013)
`Liberty Mutual Ins. Co. v. Progressive Casualty Co., CBM2012-
`00003 (Paper 7, Oct. 25, 2012)
`Oracle Corp. v. Patent of Clouding IP, LLC, IPR2013-00075
`(Paper 15, June 13, 2013)
`Declaration of David S. Morris in Support of Patent Owner’s
`Motion for Pro Hac Vice Admission
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`2004
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`2005
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`2006
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`2009
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`2010
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`2011
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`2012
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`Proceeding No.: IPR2014-00438
`Attorney Docket: 30912-0003IP2
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`Pursuant to 37 C.F.R. § 42.10(c), the Patent Owner, L&H Concepts, LLC
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`(“L&H Concepts”,) respectfully requests that the Board recognize David S. Morris
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`as counsel pro hac vice in this proceeding. Patent Owner seeks the counsel of
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`David S. Morris due to his experience as a litigator and, more specifically, for his
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`experience in representing L&H Concepts in the infringement litigation involving
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`the 5,779,566 patent (the “’566 patent”) before the United States District Court for
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`the Southern District of Mississippi, Civil Action No. 3:14-cv-00224-HTW-LRA.
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`This motion is authorized by the Notice of Filing Date Accorded to Petition and
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`Time for Filing Patent Owner Preliminary Response that was mailed on February
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`27, 2014, as Paper No. 3.
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`Statement of Facts
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`Mr. Morris is a patent litigation attorney with more than 11 years of
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`experience representing clients in a broad range of cases. Through his practice,
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`Mr. Morris has gained substantial experience in trials, appeals, motions, and
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`discovery. Mr. Morris received his law degree at the University of Virginia in
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`2001 and began his legal career at the Austin, Texas office of Wilson Sonsini
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`Goodrich & Rosati. In March of 2003, he joined the firm now known as Winstead
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`PC, where he litigated in state and federal courts in a wide range of cases,
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`including significant patent litigation in the Eastern District of Texas, the Western
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`District of Texas, and the Eastern District of Virginia. In December of 2013, Mr.
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`Proceeding No.: IPR2014-00438
`Attorney Docket: 30912-0003IP2
`Morris joined Fish & Richardson P.C., where the overwhelming majority of his
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`practice has consisted of patent litigation, inter partes review proceedings, and
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`other matters involving intellectual property.
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`Mr. Morris also has particular experience and familiarity with the
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`substantive and technical issues involved in this inter partes review proceeding.
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`The co-pending litigation matter is L&H Concepts, LLC v. SkyHawke
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`Technologies, LLC, Civil Action No. 3:14-cv-00224-HTW-LRA (which was
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`transferred from the Eastern District of Texas, and is pending in the District Court
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`for the Southern District of Mississippi). Mr. Morris has been closely involved in
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`that case since joining Fish & Richardson P.C., and significant financial resources
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`have been invested in connection with same. Moreover, through his representation
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`in these matters, L&H Concepts has developed a particular relationship of trust and
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`respect with Mr. Morris such that L&H Concepts desires to continue the
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`relationship with Mr. Morris in this inter partes proceeding.
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`Affidavit of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
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`of David S. Morris as required by the Order Authorizing Motion for Pro Hac Vice
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`entered on October 15, 2013 in IPR2013-000699 (Paper 7).
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`Proceeding No.: IPR2014-00438
`Attorney Docket: 30912-0003IP2
`Accordingly, L&H Concepts submits that there is good cause under 37
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`C.F.R. § 42.10(c) for the Board to recognize David S. Morris as counsel pro hac
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`vice during this proceeding.
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`Statement of Non-Opposition
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`Counsel for Skyhawke has confirmed that SkyHawke is unopposed to Mr.
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`Morris’s admission pro hac vice.
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`Date: October 9, 2014
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (512) 226-8154
`Facsimile: (512) 320-8935
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`Respectfully submitted,
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`/David M. Hoffman/
`David M. Hoffman
`Reg. No. 54,174
`Counsel for Patent Owner
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`Proceeding No.: IPR2014-00438
`Attorney Docket: 30912-0003IP2
`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
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`certifies that on October 9, 2014, a complete and entire copy of this Patent Owner
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`L&H Concepts, LLC’s Unopposed Motion for Pro Hac Vice Admission Under 37
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`C.F.R. § 42.10(c) was provided via email to the Petitioner by serving the
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`correspondence email addresses of record as follows:
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`Thomas J. Fisher
`Oblon Spivak
`1940 Duke Street
`Alexandria, VA 22314
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`E-mail: CPDocketFisher@oblon.com
` CPDocketMcKeown@oblon.com
` CPDocketRicciuti@oblon.com
` CPDocketEnglehart@oblon.com
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`/Susan C. Johnson/
`Susan C. Johnson
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(214) 292-4086
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