Filed on behalf of: IPR LICENSING, INC.
`
`
`
`
`
`Jonathan D. Link
`LATHAM & WATKINS LLP
`555 11th Street, NW, Ste. 1000
`Washington, DC 20004-1304
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`E-mail: jonathan.link@lw.com
`
`
`By:
`
`
`
`
`
`Entered: February 20, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZTE CORPORATION AND ZTE (USA) INC.
`Petitioner
`
`V.
`
`IPR LICENSING, INC.
`Patent Owner
`____________
`
`Case IPR2014-00525
`Patent 8,380,244
`_____________
`
`
`Before SALLY C. MEDLEY, MIRIAM L. QUINN, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE OF
`ALFREDO A. PEREZ DE ALEJO PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`
`
`
`
`Jonathan D. Link
`LATHAM & WATKINS LLP
`555 11th Street, NW, Ste. 1000
`Washington, DC 20004-1304
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`E-mail: jonathan.link@lw.com
`
`
`By:
`
`
`
`
`
`Entered: February 20, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZTE CORPORATION AND ZTE (USA) INC.
`Petitioner
`
`V.
`
`IPR LICENSING, INC.
`Patent Owner
`____________
`
`Case IPR2014-00525
`Patent 8,380,244
`_____________
`
`
`Before SALLY C. MEDLEY, MIRIAM L. QUINN, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE OF
`ALFREDO A. PEREZ DE ALEJO PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`
`
`Case: IPR2014-00525
`U.S. Patent No. 8,380,244
`
`Patent Owner IPR Licensing, Inc. (“Patent Owner”) respectfully requests
`
`that the Board recognize Alfredo A. Perez de Alejo, Esq. as pro hac vice counsel
`
`and backup counsel during this proceeding.
`
`I.
`
`BACKGROUND
`Patent Owner’s Motion for Pro Hac Vice Admission is being filed pursuant
`
`and in compliance with the Notice of Filing Date Accorded to Petition and Time
`
`Period For Filing Patent Owner Preliminary Response for this Petition, which was
`
`mailed April 2, 2014 (Paper 4) (the “Notice”). The Notice authorizes the parties to
`
`file motions for pro hac vice admissions under 37 C.F.R. § 42.10(c). Further to the
`
`Notice, such “motions shall be filed in accordance with the ‘Order – Authorizing
`
`Motion for Pro Hac Vice Admission’ in Case IPR2013-00639.” Id. at 2.
`
`II. TIMING OF FILING
`This Motion for Pro Hac Vice Admission is being filed more than twenty-
`
`one days after service of the petition, i.e., the time specified in the “Order –
`
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639.
`
`III. STATEMENT OF FACTS
`As required by the Order, the following statement of facts, supported by the
`
`attached Declaration of Alfredo A. Perez de Alejo in Support of the Motion for Pro
`
`Hac Vice Admission (“Perez de Alejo Decl.”), shows that there is good cause for
`
`the Patent Trial and Appeal Board (“Board”) to recognize Mr. Perez de Alejo pro
`
`hac vice in this proceeding. Lead counsel, Jonathan D. Link, and backup counsel,
`
`
`
`
`
`Case: IPR2014-00525
`
`
`U.S. Patent No. 8,380,244
`
`
`Julie M. Holloway, are registered practitioners and are experienced in proceedings
`
`before the USPTO.
`
`Mr. Perez de Alejo is an experienced litigation attorney. Mr. Perez de Alejo
`
`has been a litigating attorney for more than 8 years, and has been involved in
`
`numerous patent litigation cases in federal courts and the U.S. International Trade
`
`Commission. Mr. Perez de Alejo’s experience includes representing a wide range
`
`of clients in complex intellectual property litigation, and he has appeared as
`
`counsel for InterDigital in a number of litigation matters before the U.S.
`
`International Trade Commission and various District Courts. Mr. Perez de Alejo is
`
`a member in good standing of the New York State Bar, with no suspensions or
`
`disbarments from practice, nor any application for admission to practice denied,
`
`nor any sanctions or contempt citations, and is admitted to practice in the United
`
`States District Court for the Southern District of New York. His mailing address is
`
`at Latham & Watkins LLP, 885 Third Avenue, New York, NY 10022-4834, his
`
`email address is alfredo.perezdealejo@lw.com, and his direct dial is (212) 906-
`
`1304.
`
`Mr. Perez de Alejo has worked with lead and backup counsel in most
`
`aspects of their participation in this proceeding and the related proceeding in
`
`District Court for the District of Delaware. As such, he has reviewed and is
`
`familiar with (i) U.S. Patent No. 8,380,244, the patent at issue in this proceeding,
`
`2
`
`
`
`Case: IPR2014-00525
`
`
`U.S. Patent No. 8,380,244
`
`
`(ii) the prior art relied upon in ZTE’s Petition, (iii) the legal and factual arguments
`
`that have been address by Patent Owner and (iv) the developments in this
`
`proceeding since the filing of ZTE’s Petition. Accordingly, he has established
`
`familiarity with the subject matter at issue in these proceedings and the conduct of
`
`these proceedings to date.
`
`Mr. Perez de Alejo has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules for Practice for Trials set forth in part 42 of
`
`C.F.R. and he agrees to be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.P.R. §§ 11.01 et seq., and to disciplinary jurisdiction under 37 C.P.R.
`
`§ 11.19(a).
`
`IV. ANALYSIS
`The facts contained in the Statement of Facts above, and contained in the
`
`Perez de Alejo Declaration, establish that there is good cause to admit Mr. Perez de
`
`Alejo pro hac vice in this proceeding under 37 C.F.R. § 42.10(c) and assignment as
`
`additional backup counsel. Lead and backup counsel are registered practitioners,
`
`Mr. Perez de Alejo is an experienced litigating attorney, and Mr. Perez de Alejo
`
`has an established familiarity with the subject matter at issue in these proceedings.
`
`V. CONCLUSION
`Therefore, Patent Owner respectfully submits that there is good cause for the
`
`Board to recognize Mr. Perez de Alejo as pro hac vice backup counsel during this
`
`3
`
`
`
`Case: IPR2014-00525
`
`
`U.S. Patent No. 8,380,244
`
`
`proceeding. Patent Owner’s Motion for Pro Hac Vice Admission is accompanied
`
`by a Declaration of Alfredo A. Perez de Alejo as required by the Order.
`
`
`
`Dated: February 20, 2015
`
`Respectfully submitted,
`
`
`
`
`
`/Jonathan D. Link/
`Jonathan D. Link
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W., Ste. 1000
`Washington, DC 20004-1304
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`
`Julie M. Holloway
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, California 94111-
`6538
`Telephone: (415) 391-0600
`Facsimile: (415) 395-8095
`
`Counsel for Patent Holder
`IPR Licensing, Inc.
`
`4
`
`
`
`
`
`Filed on behalf of: IPR LICENSING, INC.
`
`
`
`
`
`Jonathan D. Link
`LATHAM & WATKINS LLP
`555 11th Street, NW, Ste. 1000
`Washington, DC 20004-1304
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`E-mail: jonathan.link@lw.com
`
`
`By:
`
`
`
`
`
`Entered: February 20, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZTE CORPORATION AND ZTE (USA) INC.
`Petitioner
`
`V.
`
`IPR LICENSING, INC.
`Patent Owner
`____________
`
`Case IPR2014-00525
`Patent 8,380,244
`_____________
`
`
`Before SALLY C. MEDLEY, MIRIAM L. QUINN, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`
`DECLARATION OF ALFREDO A. PEREZ DE ALEJO IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`
`
`
`
`
`
`
`
`
`Case: IPR2014-00525
`
`U.S. Patent No. 8,380,244
`
`I, Alfredo A. Perez de Alejo, being duly sworn and upon oath, hereby attest
`
`to the following:
`
`1.
`
`2.
`
`I am a member in good standing of the Bar of the State of New York.
`
`I have not been suspended or disbarred from practice before any court
`
`or administrative body.
`
`3.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`4.
`
`No sanctions or contempt citations have been imposed against me by
`
`any court or administrative body.
`
`5.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`6.
`
`I will be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a).
`
`7.
`
`I am an experienced litigation attorney, with 8 years of experience
`
`litigating patent cases in federal courts and the U.S. International Trade
`
`Commission. My experience includes representing a wide range of clients in
`
`complex intellectual property litigation. I have appeared as counsel for
`
`InterDigital in a number of litigation matters, over the span of my career.
`
`
`
`
`
`
`
`
`Case: IPR2014-00525
`
`U.S. Patent No. 8,380,244
`
`I have worked with lead and backup counsel in most aspects of their
`
`8.
`
`participation in this proceeding and the related District Court proceeding for the
`
`District of Delaware. As such, I have reviewed and am familiar with (i) U.S.
`
`Patent No. 8,380,244, the patent at issue in this proceeding, (ii) the prior art relied
`
`upon in ZTE’s Petition, (iii) the legal and factual arguments that have been address
`
`by Patent Owner and (iv) the developments in this proceeding since the filing of
`
`ZTE’s Petition.
`
`9.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statements are made with knowledge that
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
`
`
`
`Dated: February 20, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Alfredo A. Perez de Alejo
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`Case: IPR2014-00525
`
`U.S. Patent No. 8,380,244
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 20th day of February, 2015, true and correct
`
`copies of the foregoing PATENT OWNER’S MOTION FOR ADMISSION PRO
`
`HAC VICE OF ALFREDO A. PEREZ DE ALEJO PURSUANT TO 37 C.F.R. §
`
`42.10(c) were served by electronic mail, upon the following counsel of record for
`
`Petitioners ZTE Corporation and ZTE (USA) Inc.:
`
`Lead Counsel
`Charles M. McMahon
`Brinks Gilson & Lione
`NBC Tower, Suite 3600
`455 North Cityfront Plaza Drive
`Chicago, IL 60611-5599
`Telephone: (312) 321-4200
`Facsimile:
`(312) 321-4299
`E-mail: cmcmahon@brinksgilson.com
`
`
`Backup Counsel
`Brian A. Jones
`Brinks Gilson & Lione
`NBC Tower, Suite 3600
`455 North Cityfront Plaza Drive
`Chicago, IL 60611-5599
`Telephone: (312) 321-4200
`Facsimile:
`(312) 321-4299
`E-mail: bjones@brinksgilson.com
`
`
`/Jonathan D. Link/
`Jonathan D. Link
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