IPR2014-01181
`U.S. Patent No. 8,532,641
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`SAMSUNG ELECTRONICS CO., LTD; SAMSUNG ELECTRONICS AMERICA,
`INC.
`Petitioners
`v.
`
`AFFINITY LABS OF TEXAS, LLC
`Patent Owner
`______________
`
`Case IPR2014-011811
`Patent 8,532,641
`______________
`
`
`
`Before the Honorable KEVIN F. TURNER, LYNNE E. PETTIGREW, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`BRIAN P. BIDDINGER
`
`Pursuant to Rule 42.10(c), and as authorized in the Notice Of Filing Date
`
`Accorded To Petition And Time for Filing Patent Owner Preliminary Response
`
`(Paper 3), Petitioners Samsung Electronics Co., Ltd., and Samsung Electronics
`
`
`1 Case IPR2014-01182 and Case IPR2014-01184 have been consolidated with the
`
`instant proceeding. See IPR2014-01181 Paper 15.
`
`
`U.S. Patent No. 8,532,641
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`SAMSUNG ELECTRONICS CO., LTD; SAMSUNG ELECTRONICS AMERICA,
`INC.
`Petitioners
`v.
`
`AFFINITY LABS OF TEXAS, LLC
`Patent Owner
`______________
`
`Case IPR2014-011811
`Patent 8,532,641
`______________
`
`
`
`Before the Honorable KEVIN F. TURNER, LYNNE E. PETTIGREW, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`BRIAN P. BIDDINGER
`
`Pursuant to Rule 42.10(c), and as authorized in the Notice Of Filing Date
`
`Accorded To Petition And Time for Filing Patent Owner Preliminary Response
`
`(Paper 3), Petitioners Samsung Electronics Co., Ltd., and Samsung Electronics
`
`
`1 Case IPR2014-01182 and Case IPR2014-01184 have been consolidated with the
`
`instant proceeding. See IPR2014-01181 Paper 15.
`
`
`
`IPR2014-01181
`U.S. Patent No. 8,532,641
`
`America, Inc. (collectively “Samsung”) respectfully request pro hac vice admission of
`
`Brian P. Biddinger as counsel in this proceeding.
`
`I.
`
`Time for Filing
`
`This Motion is timely because it is being filed no sooner than twenty one (21)
`
`days after service of the Petition in this proceeding, which occurred on July 28, 2014.
`
`II.
`
`Statement of Facts
`
`The following statement of facts demonstrates that there is good cause for the
`
`Board to recognize Brian P. Biddinger as counsel pro hac vice in this proceeding.
`
`Mr. Biddinger is an experienced litigation attorney and has an established
`
`familiarity with the subject matter at issue in this proceeding. Mr. Biddinger has been
`
`practicing law since 2003 and has extensive experience litigating patent infringement
`
`cases in many different District Courts across the country. Among his experience in
`
`patent litigation matters, Mr. Biddinger has been counsel in multiple trials, Markman
`
`hearings, patent summary judgment proceedings, and other patent-related hearings
`
`and pleadings concerning, inter alia, patent validity and infringement issues. Mr.
`
`Biddinger has also been recognized as a leading patent litigation attorney including as
`
`a New York Super Lawyer (2013) and a New York Super Lawyers Rising Star (2011-
`
`2012).
`
`Mr. Biddinger is familiar with U.S. Patent No. 8,532,641 (“the ‘641 Patent”)
`
`and the issues involved in this case. Mr. Biddinger has been representing Petitioners
`
`Samsung against Patent Owner Affinity Labs of Texas, LLC (“Affinity”) as counsel in
`
`
`
`2
`
`
`
`IPR2014-01181
`U.S. Patent No. 8,532,641
`
`the pending District Court litigation since 2013, and has been actively involved as
`
`counsel for Samsung since that time. As counsel in the District Court litigation, Mr.
`
`Biddinger has, among other things, been heavily involved with forming non-
`
`infringement and invalidity positions against Affinity’s patents. In addition, Mr.
`
`Biddinger is representing Samsung as backup counsel pro hac vice in the IPR
`
`proceedings of related U.S. Patent No. 7,953,390 (IPR2014-00209 and IPR2014-
`
`00212) and U.S. Patent No. 8,359,007 (IPR2014-00407 and IPR2014-00408), also
`
`involving Affinity and Samsung. Accordingly, Samsung prefers that Mr. Biddinger
`
`continue as counsel in this IPR proceeding as well; and, further, Affinity does not
`
`oppose Mr. Biddinger’s admission pro hac vice.
`
`III.
`
`Declaration of Brian P. Biddinger
`
`As directed by the Board, this Motion is also accompanied by the Declaration
`
`of Brian P. Biddinger in Support of Motion for Pro Hac Vice Admission attesting to
`
`the requirements laid out in the Board’s Order Authorizing Motion for Pro Hac Vice
`
`Admission in Case IPR2013-00639 (Paper 7).
`
`For the foregoing reasons as well as the reasons contained in the attached
`
`declaration, Samsung respectfully requests admission of Brian P. Biddinger as counsel
`
`pro hac vice.
`
`Respectfully submitted,
`
`
`
`
`
`
`
`March 24, 2015
`
`By: /J. Steven Baughman/
`J. Steven Baughman (Lead Counsel)
`Reg. No. 47,414
`
`
`
`
`Gabrielle E. Higgins (Backup Counsel)
`Reg. No. 38,916
`
`
`
`3
`
`
`
`IPR2014-01181
`U.S. Patent No. 8,532,641
`ROPES & GRAY LLP
`One Metro Center, 700 12th St. – Ste. 900
`Washington, DC 20005-3948
`P: 202-508-4606 / F: 202-383-8371
`steven.baughman@ropesgray.com
`
`Mailing address for all PTAB correspondence: ROPES & GRAY LLP
`IPRM – Floor 43, Prudential Tower, 800 Boylston Street, Boston, MA 02199-3600
`
`Attorneys for Petitioners, Samsung Electronics Co., Ltd., and Samsung Electronics America, Inc.
`
`ROPES & GRAY LLP
`1900 University Avenue – Suite 600
`East Palo Alto, CA 94303
`P: 650-617-4000 /F: 650-617-4090
`gabrielle.higgins@ropesgray.com
`
`
`
`4
`
`
`
`IPR2014-01181
`U.S. Patent No. 8,532,641
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`SAMSUNG ELECTRONICS CO., LTD; and SAMSUNG ELECTRONICS
`AMERICA, INC.
`Petitioners
`v.
`
`AFFINITY LABS OF TEXAS, LLC
`Patent Owner
`______________
`
`Case IPR2014-01181
`Patent 8,532,641
`______________
`
`
`
`Before the Honorable KEVIN F. TURNER, LYNNE E. PETTIGREW, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`
`
`DECLARATION OF BRIAN P. BIDDINGER
`IN SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION
`
`I, Brian P. Biddinger, being duly sworn and upon oath, hereby attest to the
`
`following:
`
`1.
`
`2.
`
`I am a member in good standing of the Bars of New York and California.
`
`I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`
`
`IPR2014-01181
`U.S. Patent No. 8,532,641
`
`3.
`
`I have never been denied an application for admission to practice before any
`
`court or administrative body.
`
`4.
`
`No sanction or contempt citation has ever 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 37 C.F.R Part 42.
`
`6.
`
`I will be subject to the USPTO Rules of Professional Conduct set forth in 37
`
`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`7.
`
`In the last three (3) years, I have applied to appear pro hac vice before the Office.
`
`On July 17, 2014, I applied to appear pro hac vice in IPR2014-00209 and IPR2014-
`
`00212, involving related U.S. Patent No. 7,953,390 and Samsung and Affinity, and on
`
`August 8, 2014, the Board granted the motions for pro hac vice admission (Paper 33 and
`
`Paper 31, respectively). On August 15, 2014, I applied to appear pro hac vice in
`
`IPR2014-00407 and IPR2014-00408, involving related U.S. Patent No. 8,359,007 and
`
`Samsung and Affinity, and on August 25, 2014, the Board granted the motions for pro
`
`hac vice admission (Paper 22 and Paper 21, respectively).
`
`8.
`
`I am an experienced litigation attorney having familiarity with the subject
`
`matter at issue in this proceeding. I have been practicing law since 2003 and have
`
`extensive experience litigating patent infringement cases in many different District
`
`Courts across the country, including participation in multiple trials, Markman hearings,
`
`patent summary judgment proceedings, and other patent-related hearings and
`
`
`
`
`-2-
`
`
`
`IPR201-4«01181
`
`U.S. Patent No. 8,532,641
`
`pleadings concerning, inter aka, patent validity and/or infringement. I have received
`
`professional recognition in the field as a leading patent litigation attorney including as
`
`a New York Super Lawyer (2013) and a New York Super Lawyers Rising Star (2011-
`
`2012).
`
`I am familiar with U.S. Patent No. 8,532,641 (“the ‘641 Patent”) and the issues
`
`involved in this case.
`
`I have represented Samsung against Affinity as counsel in the
`
`pending District Court litigation since 2013 and have been actively involved as
`
`counsel for Samsung since that time. As counsel in the District Court litigation, 1
`
`have, among other things, been involved with forming non—infringement and
`
`invalidity positions against Affinity’s ‘641 patent and related patents.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this7_2l_‘""‘day of March, 2015, in New York, NY.
`
`
`
`Brian P. Biddinger
`
`
`
`IPR2014-01181
`U.S. Patent No. 8,532,641
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of UNOPPOSED MOTION FOR PRO
`
`HAC VICE ADMISSION OF BRIAN P. BIDDINGER and DECLARATION OF
`
`BRIAN P. BIDDINGER IN SUPPORT OF MOTION FOR PRO HAC VICE
`
`ADMISSION has been served in its entirety by causing the aforementioned
`
`document to be electronically mailed, pursuant to the parties’ agreement, to the
`
`following attorneys of record for the Patent Owner listed below:
`
`Ryan M. Schultz
`ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
`rmschultz@rkmc.com
`
`Thomas DeSimone
`ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
`trdesimone@rkmc.com
`
`
`
`Dated: March 24, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Carolyn L. Redding/
`ROPES & GRAY LLP
`
`
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