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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MERCEDES-BENZ USA, LLC
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`Petitioner
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`v.
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`AMERICAN VEHICULAR SCIENCES, LLC
`
`Patent Owner
`
`Case No. IPR2014-00646
`Patent No. 6,772,057
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF JONATHAN R. DEFOSSE PURSUANT TO 37 C.F.R. § 42.10(c)
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`
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`Pursuant to the Notice of Filing Date Accorded to Petition and Time for
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`Filing Patent Owner Preliminary Response dated April24, 2014 (the "Notice"),
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`Petitioner Mercedes-Benz USA, LLC respectfully requests the pro hac vice
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`admission of Jonathan R. DeFosse as backup counsel for Petitioner in the above(cid:173)
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`captioned proceeding.
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`1.
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`Time for Filing
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`Pursuant to the Notice and the Representative Order in Case IPR2013-
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`00639, Paper 7 (the "Representative Order"), this motion is filed no sooner than
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`twenty-one (21) days after service of the petition. The petition was served on April
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`16, 20 14; thus the earliest permissible filing date for this motion was May 7, 2014.
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`2.
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`Content of Motion
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`a.
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`Statement of Facts
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`Pursuant to the Representative Order, the following statement of facts shows
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`that there is good cause for the Board to recognize Mr. DeFosse pro hac vice
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`during the current proceeding.
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`Mr. DeFosse is a litigation attorney experienced in patent cases, and is
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`admitted to practice law in Virginia and the District of Columbia, as well as before
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`several United States District Courts and Courts of Appeal.
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`Mr. DeFosse has an established familiarity with the subject matter at issue in
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`this proceeding, having represented Petitioner as a defendant in the related
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`1
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`
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`proceeding American Vehicular Sciences LLC v. Mercedes-Benz U.S. Int'l Inc., et
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`al., No. 13-cv-00309 (E.D. Tex.). In this related proceeding, Patent Owner has
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`asserted U.S. Patent No. 6,772,057 against Petitioner. Mr. DeFosse's experience
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`representing Petitioner in this related proceeding, concerning the same patent
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`against the same Patent Owner, provides him with an established familiarity with
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`the subject matter at issue in the current proceeding.
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`Petitioner therefore respectfully submits that there is good cause for the
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`Board to recognize Mr. DeFosse pro hac vice during the current proceeding.
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`b.
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`Declaration
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`Pursuant to the Representative Order, a declaration of Jonathan R. DeFosse
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`is submitted as Exhibit 1 019 to this motion.
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`Dated: June 3, 20 14
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`Scott W. Doyle (Reg. No. 39176)
`Lead Counsel for Petitioner
`SHEARMAN & STERLING LLP
`801 Pennsylvania Ave., NW, Ste. 900
`Washington, DC 20004
`Telephone: (202) 508-8000
`Facsimile: (202) 508-8100
`scott.doyle@shearman.com
`
`2
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby confirms that the foregoing MOTION FOR PRO HAC
`VICE ADMISSION OF JONATHAN R. DEFOSSE PURSUANT TO 37
`C.F.R. § 42.10(c), along with associated Exhibit 1019, was served on June 3,
`2014, via electronic mail upon the following:
`
`Thomas J. Wimbiscus (Reg. No. 36,059)
`Scott P. McBride (Reg. No. 42,853)
`Christopher M. Scharff (Reg. No. 53,556)
`McANDREWS, HELD & MALLOY, LTD.
`500 West Madison St., 34th Floor
`Chicago, IL 60661
`A VS-IPR@mcandrews-ip.com
`
`Scott W. Doyle (Reg. No. 39176)
`Lead Counsel for Petitioner
`SHEARMAN & STERLING LLP
`801 Pennsylvania Ave., NW, Ste. 900
`Washington, DC 20004
`Telephone: (202) 508-8000
`Facsimile: (202) 508-8100
`scott.doyle@shearman.com