UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PETROLEUM GEO-SERVICES INC.,
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`Petitioner
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`v.
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`WESTERNGECO LLC
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`Patent Owner
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`Case IPR2014-00688
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`U.S. Patent No. 7,080,607
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`PATENT OWNER’S MOTION FOR
`ADMISSION PRO HAC VICE OF
`TIMOTHY K. GILMAN PURSUANT TO 37 C.F.R. § 42.10(c)
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`———————————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`———————————
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`PETROLEUM GEO-SERVICES INC.,
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`Petitioner
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`v.
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`WESTERNGECO LLC
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`Patent Owner
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`———————————
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`Case IPR2014-00688
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`U.S. Patent No. 7,080,607
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`———————————
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`PATENT OWNER’S MOTION FOR
`ADMISSION PRO HAC VICE OF
`TIMOTHY K. GILMAN PURSUANT TO 37 C.F.R. § 42.10(c)
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`IPR2014-00688 -- U.S. Patent No. 7,080,607
`Patent Owner’s Motion For Admission Pro Hac Vice
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`Pursuant to 37 C.F.R. § 42.10(c), WesternGeco LLC (“Patent Owner”)
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`respectfully requests the Board recognize Timothy K. Gilman as counsel pro hac
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`vice during this proceeding.
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`I.
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`LEGAL STANDARD
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`37 C.F.R. § 42.10(c) provides that:
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`The Board may recognize counsel pro hac vice during a
`proceeding upon a showing of good cause, subject to the
`condition that lead counsel be a registered practitioner
`and to any other conditions as the Board may impose.
`For example, where the lead counsel is a registered
`practitioner, a motion to appear pro hac vice by counsel
`who is not a registered practitioner may be granted upon
`showing that counsel is an experienced litigating attorney
`and has an established familiarity with the subject matter
`at issue in the proceeding.
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`These conditions are met here, as explained in the required statement of facts
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`below and the accompanying declaration of Timothy K. Gilman attached to this
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`motion.
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`II.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE
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`The Patent Owner meets both elements of § 42.10(c). First, lead counsel
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`(Michael L. Kiklis, Reg. No. 38,939) is a registered practitioner before the
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`2
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`IPR2014-00688 -- U.S. Patent No. 7,080,607
`Patent Owner’s Motion For Admission Pro Hac Vice
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`USPTO. Second, there is good cause to admit Mr. Gilman as pro hac vice counsel
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`in this matter.
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`Mr. Gilman is a member in good standing of the Bar of the State of New
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`York. (Gilman Decl. ¶ 3.) He has never been suspended or disbarred from
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`practice in any forum, has never been denied in an application for admission to a
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`court or administrative body, and has never received contempt citations from a
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`court or administrative body. (Gilman Decl. ¶¶ 4-6.) Mr. Gilman has read and will
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`comply with the rules outlined in the Office Patent Trial Practice Guide and the
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`Board’s Rules of Practice for Trials. (Gilman Decl. ¶ 7.) He will also comply with
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`the USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
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`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a). (Gilman Decl. ¶ 8.) He
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`has never applied for pro hac vice admission in any other proceeding before the
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`Office prior to this date. (Gilman Decl. ¶ 9.)
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`Mr. Gilman has a thorough understanding of patent law, as well as Patent
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`Office rules and procedures. He is a partner at the law firm Kirkland & Ellis,
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`L.L.P. and has practiced patent law since his admission to the New York Bar in
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`2004, over 10 years ago. (Gilman Decl. ¶¶ 2, 10.) He has been involved in
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`numerous litigations involving patent infringement in district courts across the
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`3
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`IPR2014-00688 -- U.S. Patent No. 7,080,607
`Patent Owner’s Motion For Admission Pro Hac Vice
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`country, at the Court of Appeals for the Federal Circuit, and the Supreme Court.
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`(Gilman Decl. ¶ 11.)
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`Mr. Gilman also has extensive experience with the patents at issue in the
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`following petitions and has represented the Patent Owner regarding these patents
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`for over five years: IPR2014-00687 (U.S. Patent No. 7,162,967), IPR2014-00688
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`(U.S. Patent No. 7,080,607), IPR2014-00689 (U.S. Patent No. 7,293,520).
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`(Gilman Decl. ¶¶ 12-14.) WesternGeco asserted all three patents in WesternGeco
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`L.L.C. v. ION Geophysical Corp., et al., Civ. No. 4:09-cv-01872 (S.D. Tex.) (“the
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`ION Litigation”); WesternGeco L.L.C. v. Polarcus US Inc. and Polarcus Ltd., Civ.
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`No. 4:13-cv-02385 (S.D. Tex.) (“the Polarcus Litigation”); WesternGeco L.L.C. v.
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`Petroleum Geo-Services, Inc. and PGS Geophysical AS, Civ. No. 4:13-cv-02725
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`(S.D. Tex.) (“the PGS Litigation”); and WesternGeco L.L.C. v. Multi Klient Invest
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`AS, Petroleum Geo-Services, Inc., and PGS Geophysical AS, Civ. No. 4:14-cv-
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`03118 (S.D. Tex.) (“the Multi Klient Litigation”), collectively referred to as “the
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`District Court Litigations”. (Id.) Mr. Gilman has represented the Patent Owner in
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`all four of the District Court Litigations. (Id.)
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`The ION Litigation began in 2009, progressed to trial in 2012 where a jury
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`found all three patents valid and infringed, and is currently on appeal to the Federal
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`Circuit. (Gilman Decl. ¶ 15.) Mr. Gilman was trial counsel for these proceedings,
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`4
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`IPR2014-00688 -- U.S. Patent No. 7,080,607
`Patent Owner’s Motion For Admission Pro Hac Vice
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`conducted the direct examination of co-inventor Dr. Bittleston at trial, and
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`questioned the other co-inventor Mr. Hillesund (who was unavailable for trial) via
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`deposition. (Gilman Decl. ¶ 16.) Mr. Gilman also conducted direct and cross
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`examinations of technical expert witnesses regarding, inter alia, the scope and
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`validity of the ’967, ’607 and ’520 patents. (Gilman Decl. ¶ 17.)
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`The Polarcus and PGS Litigations were both filed in 2013. (Gilman Decl. ¶
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`18.) The Multi Klient Litigation was filed in 2014. (Gilman Decl. ¶ 18.) Polarcus
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`quickly took a license to the patents at issue and the case was dismissed. (Gilman
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`Decl. ¶ 19.) The PGS and Multi Klient Litigations are ongoing. (Gilman Decl. ¶
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`20.) Over the past five years, Mr. Gilman has thoroughly examined the patents at
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`issue and become intimately familiar with their field of technology. (Gilman Decl.
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`¶ 21.) As counsel in the District Court Litigations, Mr. Gilman has been deeply
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`involved in all aspects of the litigations, including claim construction and validity
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`analysis. (Gilman Decl. ¶ 22.)
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`In addition, given Mr. Gilman’s experience with the patents at issue,
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`admission of Mr. Gilman pro hac vice will enable the Patent Owner to avoid
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`unnecessary expense and duplication of work between this proceeding and the
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`District Court Litigations.
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`5
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`IPR2014-00688 -- U.S. Patent No. 7,080,607
`Patent Owner’s Motion For Admission Pro Hac Vice
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`III. CONCLUSION
`In sum, Mr. Gilman is an experienced patent litigation attorney and has an
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`established familiarity with the subject matter at issue in this proceeding. For the
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`foregoing reasons, the Patent Owner submits that there is good cause for the Board
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`to recognize Mr. Gilman as counsel pro hac vice and respectfully requests that he
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`be admitted pro hac vice in this proceeding.
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`Date: April 3, 2015
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`Respectfully submitted,
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`OBLON, MCCLELLAND,
`MAIER & NEUSTADT LLP
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`
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`/Michael L. Kiklis/
`Michael L. Kiklis (Reg. No. 38,939)
`Attorney for Patent Owner
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`WESTERNGECO L.L.C.
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`6
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`IPR2014-00688 -- U.S. Patent No. 7,080,607
`Patent Owner’s Motion For Admission Pro Hac Vice
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies service of PATENT
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`OWNER’S MOTION FOR ADMISSION PRO HAC VICE OF TIMOTHY K.
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`GILMAN and DECLARATION OF TIMOTHY K. GILMAN on the counsel of
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`record for the Petitioner by filing this document through the Patent Review
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`Processing System as well as delivering a copy via electronic mail to the following
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`addresses:
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`David Berl
`dberl@wc.com
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`Jessamyn Berniker
`jberniker@wc.com
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`Thomas S. Fletcher
`tfletcher@wc.com
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`Christopher Suarez
`csuarez@wc.com
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`/Michael L. Kiklis/
`Michael L. Kiklis (Reg. No. 38,939)
`Attorney for Patent Owner
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`WESTERNGECO L.L.C.
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`Dated: April 3, 2015
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