`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`INTERNATIONAL BUSINESS MACHINES CORPORATION and
`ORACLE AMERICA, INC.
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`Petitioners,
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`v.
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`ELECTRONICS AND TELECOMMUNICATIONS
`RESEARCH INSTITUTE,
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`Patent Owner.
`_____________________
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`Case IPR2014-00949
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`Patent 6,978,346 B2
`_____________________
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`PETITIONERS’ MOTION FOR ADMISSION PRO HAC VICE OF
`BENJAMIN A. LASKY PURSUANT TO 37 C.F.R. § 42.10(C)
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`IPR2014-00949
`Patent 6,978,346 B2
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`International Business Machines Corporation and Oracle America, Inc.
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`(collectively “Petitioners”) request the Board to recognize Benjamin A. Lasky as
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`counsel pro hac vice during this proceeding.
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`I.
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`TIME FOR FILING
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`This Motion for Admission Pro Hac Vice is being filed with the Board’s
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`authorization and in accordance with “Order -- Authorizing Motion for Pro Hac
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`Vice Admission” entered in Case IPR2013-00639 at Paper 7. This motion is being
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`filed no sooner than 21 days after service of the IPR petition.
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`II.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE
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`Petitioners have been authorized to file motions seeking admission pro hac
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`vice under 37 C.F.R. 42.10(c). (Paper No. 4 at 3.) Petitioners’ lead and back-up
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`counsel are registered practitioners.
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`Lead Counsel
`Todd M. Friedman (Reg. No. 42,559)
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`Back-up Counsel
`Gregory S. Arovas (Reg. No. 38,818)
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`Eugene Goryunov (Reg. No. 61,579)
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`As demonstrated below, there is good cause for the Board to recognize Mr.
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`Lasky pro hac vice.
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`First, Mr. Lasky is an experienced patent litigation attorney with more than
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`twelve years of experience. Mr. Lasky has been involved in numerous litigations
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`IPR2014-00949
`Patent 6,978,346 B2
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`involving patent infringement in District Courts across the country, and at the
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`Court of Appeals for the Federal Circuit.
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`Second, Mr. Lasky has an established familiarity with the subject matter at
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`issue in this proceeding. Mr. Lasky is counsel and has been actively involved in
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`co-pending litigation involving the patent at issue here, U.S. Patent No. 6,978,346
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`(“the ’346 Patent”). Most recently, the ’346 Patent is asserted in the co-pending
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`litigation Safe Storage LLC v. International Business Machines Corporation, Case
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`No. 1:13-cv-01151-GMS (D. Del.), filed on June 28, 2013. As counsel in this
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`district court litigation, Mr. Lasky is deeply involved in all aspects of the litigation
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`on behalf of International Business Machines Corp., including claim construction
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`and validity analysis, and therefore has established familiarity with the ’346 Patent.
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`Third, given Mr. Lasky’s experience with the ’346 Patent, admission of Mr.
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`Lasky pro hac vice will enable Petitioners to avoid unnecessary expense and
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`duplication of work between this proceeding and the co-pending litigations.
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`In sum, Petitioners’ lead and backup counsel are registered practitioners, Mr.
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`Lasky is an experienced patent litigation attorney, and Mr. Lasky has an
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`established familiarity with the subject matter at issue in this proceeding.
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`Petitioners submit that there is good cause for the Board to recognize Mr. Lasky as
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`counsel pro hac vice in this proceeding.
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`3
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`IPR2014-00949
`Patent 6,978,346 B2
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`Date: September 12, 2014
`601 Lexington Avenue
`New York, New York 10022
`(212) 446-4800
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`Respectfully submitted,
`Kirkland & Ellis LLP
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`/s/Todd M. Friedman
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`Todd M. Friedman
`Registration No. 42,559
`Attorney for Petitioners
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`4
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`IPR2014-00949
`Patent 6,978,346 B2
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing Petitioners’ Motion for
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`Admission Pro Hac Vice of Benjamin A. Lasky Pursuant to 37 C.F.R. § 42.10(c),
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`and all supporting documents, was served on September 12, 2014, provided by
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`email, as consented to by counsel, to the Patent Owner by serving the counsel of
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`record as follows:
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`Matthew C. Phillips, Reg. No. 43,403
`matthew.phillips@renaissanceiplaw.com
`Derek Meeker, Reg. No. 53,313
`derek.meeker@renaissanceiplaw.com
`Renaissance IP Law Group LLP
`9600 SW Oak Street, Suite 560
`Portland, Oregon 97223
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`Alexander C.D. Giza, Reg. No. 51,740
`agiza@raklaw.com
`Russ August & Kabat
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
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`5
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`/s/Todd M. Friedman
`Todd M. Friedman
`Reg. No. 42,559
`todd.friedman@kirkland.com
`Kirkland & Ellis LLP
`601 Lexington Avenue
`New York, New York 10022
`Telephone: (212) 446-4800
`Facsimile: (212) 446-4900
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