`Applicant:
`
`Case No.:
`
`Filing Date:
`
`Patent No.:
`
`Title:
`
`
`
`
`
`Arling
`
`IPR2014-01146
`
`9/29/2009
`
`8,243,207
`
`Universal Remote Control, Inc.
`
`
`v.
`
`
`Universal Electronics, Inc.
`
`Trial Paralegal: Breck A. Reitter
`
`Atty Doc.: 059489.144400
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`System and Method for
`Activity Based
`Configuration of an
`Entertainment System
`
`UNIVERSAL ELECTRONICS, INC.’S UNOPPOSED MOTION
`FOR PRO HAC VICE ADMISSION OF MATTHEW J. LEVINSTEIN
`UNDER 37 C.F.R. § 42.10(c)
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`Certificate of Filing: I hereby certify that this Motion is being electronically filed with the USPTO on this 31st day
`of July, 2014.
`
`
`
`
`
`
`
`
`
`
`/Eric J. Maiers/
`By:
`
`
` Eric J. Maiers
`
`
`
`
`
`IPR2014-01146
`
`I.
`
`
`
`RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Universal Electronics, Inc.
`
`(“UEI”), by and through its attorneys, respectfully requests that the Board admit
`
`Matthew J. Levinstein pro hac vice in this proceeding.
`
`II. GOVERNING LAW, RULES, AND PRECEDENT
`
`
`
`
`
`Section 42.10(c) states as follows:
`
`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.
`
`Further, the Board requires that a motion for pro hac vice admission be filed
`
`in accordance with the “ORDER-AUTHORIZING MOTION FOR PRO HAC
`
`VICE ADMISSION – 37 C.F.R. §42.10” in Motorola Mobility LLC v. Patent of
`
`Michael Arnouse, Case No. IPR2013-00010 (“Representative Order”). The
`
`Representative Order states that the motion must “[c]ontain a statement of facts
`
`showing there is good cause for the Board to recognize counsel pro hac vice during
`
`the proceeding,” and “[b]e accompanied by an affidavit or declaration of the
`
`individual seeking to appear attesting to the following:”
`
`i. Membership in good standing of the Bar of at least one
`
`State or the District of Columbia;
`
`
`
`1
`
`
`
`IPR2014-01146
`
`ii.
`
`No suspensions or disbarments from practice before any
`
`court or administrative body;
`
`iii. No application for admission to practice before any court
`
`or administrative body ever denied;
`
`iv. No sanctions or contempt citations imposed by any court
`
`or administrative body;
`
`v.
`
`The individual seeking to appear has 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;
`
`vi.
`
`The individual will be subject to the USPTO Code of
`
`Professional Responsibility set forth in 37 C.F.R. §§
`
`10.20 et seq. 1 and disciplinary jurisdiction under 37
`
`C.F.R. § 11.19(a);
`
`vii. All other proceedings before the Office for which the
`
`individual has applied to appear pro hac vice in the last
`
`three (3) years; and
`
`
`1 The USPTO Code of Professional Responsibility in 37 C.F.R. § 10.20 et
`seq. was replaced by the USPTO Rules of Professional Conduct in 37 C.F.R. §
`11.101 et seq., effective May 3, 2013.
`
`
`
`2
`
`
`
`IPR2014-01146
`
`viii. Familiarity with the subject matter at issue in the
`
`proceeding.
`
`III. STATEMENT OF FACTS
`
`
`
`Based on the following statement of facts, and supported by the Declaration
`
`of Matthew J. Levinstein submitted herewith, UEI submits that a showing of good
`
`cause has been made and respectfully requests the pro hac vice admission of
`
`Matthew J. Levinstein in this proceeding:
`
`1.
`
`UEI’s lead counsel, Eric J. Maiers, is a registered practitioner (Reg.
`
`No. 59,614).
`
`2.
`
`UEI’s backup counsel, James J. Lukas, Jr., Reg. No. 59,114, Robbie
`
`Harmer, Reg. No. 68,048, and Michael A. Nicodema, Reg. No.
`
`33,199, are registered practitioners.
`
`3. Mr. Levinstein is an Associate at the law firm of Greenberg Traurig,
`
`LLP (“Greenberg”). Mr. Levinstein joined Greenberg as an Associate
`
`in March 2010. (Declaration of Matthew J. Levinstein in Support of
`
`UEI’s Unopposed Motion for pro hac vice Admission of Matthew J.
`
`Levinstein under 37 C.F.R. § 42.10(c).)
`
`4. Mr. Levinstein is an experienced litigating attorney and has specific
`
`experience in patent law and patent law litigation. Mr. Levinstein has
`
`represented clients in numerous patent infringement actions across the
`
`
`
`3
`
`
`
`IPR2014-01146
`
`country. Mr. Levinstein has litigated matters through trial and appeal.
`
`(Id.)
`
`5. Mr. Levinstein is a member in good standing of the Illinois State Bar.
`
`(Id.)
`
`6. Mr. Levinstein has never been suspended or disbarred from practice
`
`before any court or administrative body. (Id.)
`
`7.
`
`No application filed by Mr. Levinstein for admission to practice
`
`before any court or administrative body has ever been denied. (Id.)
`
`8.
`
`No sanctions or contempt citations have been imposed against Mr.
`
`Levinstein by any court or administrative body. (Id.)
`
`9. Mr. Levinstein has read and agrees to 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. (Id.)
`
`10. Mr. Levinstein understands that he will be subject to the USPTO
`
`Rules of Professional Conduct 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. §11.19(a). (Id.)
`
`11. Mr. Levinstein is currently or soon will be seeking pro hac vice
`
`admission in the following matters filed by URC: IPR Nos. 2014-
`
`01082, 01084, 01102, 01103, 01104, 01106, 01109, 01111, 01112,
`
`and 01146. Mr. Levinstein has not applied to appear pro hac vice in
`
`
`
`4
`
`
`
`IPR2014-01146
`
`any other proceedings before the United States Patent and Trademark
`
`Office in the last three (3) years. (Id.)
`
`12. Mr. Levinstein has an established familiarity with the subject matter at
`
`issue in this, and the other related proceedings noted in Paragraph 11,
`
`supra. Mr. Levinstein regularly represents UEI in matters relating to
`
`its patents. For example, Mr. Levinstein represented UEI in Universal
`
`Electronics, Inc. v. Logitech, Inc., et al., Case No. 8:11-cv-01056-
`
`JVS-AN (C.D. Cal.), which involved many of the same patents at
`
`issue in the matters filed by Universal Remote Control, Inc. (“URC”)
`
`noted in Paragraph 11, supra. As a result of Mr. Levinstein’s
`
`representation of UEI in that and other matters, Mr. Levinstein has
`
`acquired substantial understanding of the underlying technological
`
`issues at stake in this matter and the other matters filed by URC noted
`
`in Paragraph 11, supra.
`
`IV. URC COUNSEL WILL NOT OPPOSE THIS MOTION
`
`
`UEI has conferred with URC, and URC has agreed not to oppose the pro hac
`
`vice admission of Matthew J. Levinstein.
`
`V. GOOD CAUSE EXISTS FOR PRO HAC VICE ADMISSION OF
`MATTHEW J. LEVINSTEIN
`
`
`
`
`The facts outlined above in the Statement of Facts, and contained in the
`
`Declaration of Matthew J. Levinstein, establish that there is good cause to admit
`
`
`
`5
`
`
`
`IPR2014-01146
`
`Mr. Levinstein pro hac vice in this proceeding under 37 C.F.R. § 42.10. UEI’s
`
`lead and backup counsel are registered practitioners. Mr. Levinstein is an
`
`experienced litigating attorney and has an established familiarity with the subject
`
`matter at issue in this, and the other related proceedings noted in Section III.,
`
`Paragraph 11, supra.
`
`VI. CONCLUSION
`
`
`
`In light of the foregoing, UEI respectfully requests that the Board admit
`
`Matthew J. Levinstein pro hac vice in this proceeding.
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
`
`
`
`Date: July 31, 2014
`
`
`
`
`
`
`GREENBERG TRAURIG, LLP
`
`
`
`
`
` /Eric J. Maiers/
`
`By: Eric J. Maiers; Reg. No. 59,614
`James J. Lukas; Reg. No. 59,114
`Matthew J. Levinstein (pro hac vice
`pending)
`Robbie Harmer; Reg. No. 68,048
`77 West Wacker Drive, Suite 3100
`Chicago, Illinois 60601
`(312) 456-8449
`
`Michael A. Nicodema; Reg. No. 33,199
`200 Park Avenue
`P.O. Box 677
`Florham Park, NJ 07932-0677
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`6
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on the below date, I caused the
`foregoing to be served upon the following counsel of record via electronic mail,
`pursuant to the parties’ agreement:
`
`
`Doug Miro
`Ostrolenk Faber LLP
`1180 Avenue of the Americas
`New York, NY 10036
`dmiro@ostrolenk.com
`
`Peter H. Kang
`Theodore W. Chandler
`Ferenc Pazmandi
`Sidley Austin LLP
`1001 Page Mill Rd.
`Building One
`Palo Alto, CA 94304
`pkang@sidley.com; tchandler@sidley.com; fpazmandi@sidley.com
`
`
`Date:
`
`
`
`
`
`July 31, 2014
`
`
`
`
`
`
`
`
`
`
`
` /Eric J. Maiers/
`Eric J. Maiers
`
`
`
`
`
`
`
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