Atty Docket No. FABO‐033/00US
`(309101‐2085)
`
`
`
`
`
`Inter Partes Review of U.S. Pat. No. 6,038,295
`IPR2014‐00566
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________
`
`FACEBOOK, INC.
`Petitioner
`
`v.
`
`TLI COMMUNICATIONS LLC
`Patent Owner
`
`
`U.S. Patent No. 6,038,295
`Filing Date: June 17, 1997
`Issue Date: March 14, 2000
`
`Inter Partes Review No. 2014‐00566
`
`Mailed: April 28, 2014
`
`____________________________
`
`TITLE: APPARATUS AND METHOD FOR RECORDING,
` COMMUNICATING AND ADMINISTERING DIGITAL IMAGES
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`(309101‐2085)
`
`
`
`
`
`Inter Partes Review of U.S. Pat. No. 6,038,295
`IPR2014‐00566
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________
`
`FACEBOOK, INC.
`Petitioner
`
`v.
`
`TLI COMMUNICATIONS LLC
`Patent Owner
`
`
`U.S. Patent No. 6,038,295
`Filing Date: June 17, 1997
`Issue Date: March 14, 2000
`
`Inter Partes Review No. 2014‐00566
`
`Mailed: April 28, 2014
`
`____________________________
`
`TITLE: APPARATUS AND METHOD FOR RECORDING,
` COMMUNICATING AND ADMINISTERING DIGITAL IMAGES
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`
`Atty Docket No. FABO‐033/00US
`(309101‐2085)
`
`
`
`Petitioner Facebook, Inc. respectfully requests that the Board recognize
`
`
`
`
`Inter Partes Review of U.S. Pat. No. 6,038,295
`IPR2014‐00566
`
`Mark R. Weinstein, Esq., as counsel pro hac vice during this proceeding.
`
`I.
`
`
`
`BACKGROUND
`
`Petitioner’s Motion for Pro Hac Vice Admission is being filed in compliance
`
`with and pursuant to the “Order—Authorizing Motion for Pro Hac Vice
`
`Admission” in Case No. IPR2013‐00639 [“the Order”].
`
`II.
`
`STATEMENT OF FACTS
`
`
`
`As required by the Order, the following statement of facts shows that there
`
`is good cause for the Board to recognize Mr. Weinstein pro hac vice.
`
`
`
`Mr. Weinstein is an experienced litigation attorney and has been involved
`
`in numerous complex litigations in state and federal courts. Mr. Weinstein’s
`
`biography is attached hereto as Exhibit 1015.
`
`
`
`Mr. Weinstein has reviewed U.S. Patent No. 6,038,295, and the petition
`
`already filed in this proceeding. Further, Mr. Weinstein is counsel of record in the
`
`pending litigation between the parties entitled TLI Communications LLC v. AV
`
`Automotive, L.L.C. et al., Case No. 14‐cv‐0142 TSE, pending in the United States
`
`District Court for the Eastern District of Virginia; and, as such, is familiar with the
`
`subject matter at issue in this proceeding.
`
`
`
`1
`
`
`
`
`
`
`Inter Partes Review of U.S. Pat. No. 6,038,295
`IPR2014‐00566
`
`Atty Docket No. FABO‐033/00US
`(309101‐2085)
`
`
`
`Therefore, Petitioner respectfully submits that there is good cause for the
`
`Board to recognize Mr. Weinstein as counsel pro hac vice during this proceeding.
`
`III.
`
`AFFIDAVIT OR DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission is accompanied by an
`
`Affidavit of Mark R. Weinstein as required by the Order.
`
`
`
`
`
`
`
`
`
`
`
`
`DATED: April 28, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`Cooley LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`Tel: (650) 843‐5001
`Fax: (650) 849‐7400
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/Heidi Keefe/
`Heidi Keefe
`Registration No. 40,673
`Counsel for Petitioner
`
`
`
`
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`
`
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`
`
`
`
`2
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`
`
`Atty Docket No. FABO‐033/00US
`(309101‐2085)
`
`
`
`
`
`Inter Partes Review of U.S. Pat. No. 6,038,295
`IPR2014‐00566
`
`AFFIDAVIT OF MARK R. WEINSTEIN IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`
`
`
`
`I, Mark R. Weinstein, being duly sworn and upon oath, hereby attest to the
`
`following:
`
`
`
`1.
`
`I am a member in good standing of the Bar of California as well as the
`
`U.S. District Court for the Northern District of California, U.S. District Court for the
`
`Central District of California, U.S. District Court for the Southern District of
`
`California, U.S. District Court for the Eastern District of Texas, Federal Circuit
`
`Court of Appeals, and Ninth Circuit Court of Appeals.
`
`
`
`2.
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`I have not been suspended or disbarred from practice before any
`
`court or administrative body.
`
`
`
`3.
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`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`
`
`4.
`
`No sanction or contempt citation has 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 the C.F.R.
`
`
`
`3
`
`
`
`Atty Docket No. FABO-033/00US
`
`(309101-2085)
`
`Inter Partes Review of
`
`US. Patent No. 6,038,295
`
`6.
`
`i will be subject to the USPTO Rules of Professional Conduct set forth
`
`in 37 C.F.R. §§ 11.101, et seq., and disciplinaryjurisdiction under 37 C.F.R. §
`
`11.19(a).
`
`7.
`
`I have applied to appear pro hac vice in docket numbers |PR2013—
`
`00478, lPR2013-00479, |PR2013-00480, lPR2013—481, lPR2014-00052, lPR2014—
`
`00053, |PR2014-00093, lPR2014-00242, and lPR2014-00415.
`
`l have not applied to
`
`appear pro hac vice before the Office in any other proceeding in the last three (3)
`
`years.
`
`8.
`
`I am an experienced litigation attorney with experience with complex
`
`litigation in both state and federal courts.
`
`I am familiar with the subject matter at
`
`issue in this proceeding, including the prior art on which Petitioners rely in this
`
`request and US. Patent No. 6,038,295.
`
`I have also reviewed the pertinent issues
`
`of claim construction that have been briefed in this proceeding.
`
`DATED: Aprilgfd 2014 W
`
`.
`
`y
`
`,
`
`g.
`
`Mark R. Weinstein
`
`COOLEY LLP
`
`ATTN: Patent Group
`
`1299 Pennsylvania Ave., NW, Suite 700
`
`Washington, DC 20004
`
`T: 650-843—5007
`
`F: 650-849—7400
`
`mweinstein@cooley.com
`
`
`
`ALIFORNIA JURAT WITH AFFIANT STATEMENT
`
`
`c
`
`
`
`
`
`[gmttached Document (Notary to cross out lines 1—6 below)
`if] See Statement Below (Lines 1—5 to be completed only by document signer[s], not Notary)
`
`
`
`
`
`Signature of Document Signer No. 1
`
`Signature of Document Signer No. 2 (if any)
`
`State of California
`.,
`g,
`County orw
`
`Subscribed and sworn to (or affirmed) before me on this
`
`
`
`, 20 />/,by
`sfifi’g‘fiday of W2C? £1»,
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`
`Name of Signer
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`proved to me on the basis of satisfactory evidence
`to be the person who appeared before me (.) (,)
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`Place Notary Seal Above
`
`
`OPTIONAL
`
`lf may prove
`Though the information below is not required by law,
`valuable to persons relying on the documentl and could prevent
`fraudulent removal and reaffachmenz of [his form to another document.
`
`Further Description of Any Attached Document
`
`Title or Type of Document:
`
`Document Date:
`
`Number of Pages:
`
`RIGHT THUMBPle
`OF SIGNER #1
`
`
`Top of thumb here
`
`
`
`RIGHT THUMBPRINT
`OF SIGNER #2
`
`
`Top of thumb here
`
`
`
`ségnerr‘s) Other Than Named Above: ,_W t
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`I
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`350 De Soto Ave, PO. Box 2402
`
`
`
`atsworth, CA 91313-2402 - wwNationaltharyorg item #5910 Reorder CaliToll-Free1-800—876-6827
`
`
`
`Atty Docket No. FABO‐033/00US
`(309101‐2085)
`
`
`
`
`
`Inter Partes Review of U.S. Pat. No. 6,038,295
`IPR2014‐00566
`
`CERTIFICATE OF SERVICE
`
`Robert A. Whitman
`Mishcon De Reya New York LLP
`750 7th Avenue, 26th Floor
`New York, NY 10019
`
`I hereby certify, pursuant to 37 C.F.R. section 42.6, that a complete
`
`copy of the attached PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION UNDER 37 C.F.R. § 42.10(c) is being served via federal express
`on the 28th day of April, 2014, the same day as the filing of the above‐
`identified document in the United States Patent and Trademark
`Office/Patent Trial and Appeal Board, upon the patent owner’s attorneys of
`record:
`
`Tarek N. Fahmi
`ASCENDA LAW GROUP, PC
`84 West Santa Clara Street, Suite 550
`San Jose, CA 95113
`
`
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`
`
`
`
`
`
`41226892 v1
`
`
`
`5
`
`
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