UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`SAMSUNG ELECTRONIC CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. &
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC.
`Petitioner,
`
`v.
`
`STRAIGHT PATH IP GROUP, INC.
`Patent Owner
`
`________________
`
`Case IPR2014-01367
`Patent 6,009,469
`
`________________
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`MICHAEL NEWMAN UNDER 37 C.F.R § 42.10
`
`
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`SAMSUNG ELECTRONIC CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. &
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC.
`Petitioner,
`
`v.
`
`STRAIGHT PATH IP GROUP, INC.
`Patent Owner
`
`________________
`
`Case IPR2014-01367
`Patent 6,009,469
`
`________________
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`MICHAEL NEWMAN UNDER 37 C.F.R § 42.10
`
`
`
`Case IPR2014-01367
`Patent No. 6,009,469
`
`I.
`
`Relief Requested
`
`Pursuant to 37 C.F.R. § 42.10(c) and the Board’s “Notice of Filing Date
`
`Accorded to Petition and Time for Filing Patent Owner Preliminary Response,”
`
`entered September 9, 2014 (Paper No. 3), which authorized the parties to file
`
`motions for pro hac vice admission under 37 C.F.R. § 42.10(c), Patent Owner
`
`requests that the Board admit Michael C. Newman pro hac vice in this proceeding.
`
`II.
`
`Statement of Facts
`Pursuant to 37 C.F.R. § 42.10(c), 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. 37 C.F.R. § 42.10(c).
`
`The facts, supported by the attached Declaration of Michael C. Newman in
`
`Support of Patent Owner’s Motion for Admission P ro H ac V ice (“Newman Decl.”;
`
`Exhibit 2009), establish good cause to admit Mr. Newman pro hac vice in this
`
`proceeding.
`
`Lead counsel William A. Meunier is a registered practitioner and is
`
`1
`
`
`
`Case IPR2014-01367
`Patent No. 6,009,469
`
`experienced in proceedings before the USPTO. Backup counsel Matthew D.
`
`Durell is also a registered practitioner and is experienced in proceedings before the
`
`USPTO.
`
`Mr. Newman is an experienced litigating attorney. He has been a patent
`
`litigation attorney for nine years, and is currently a Senior Associate at Mintz
`
`Levin Cohn Ferris Glovsky and Popeo PC. (Newman Decl. at ¶ 1.) Mr. Newman
`
`is a member in good standing of the Massachusetts State Bar, with no suspensions
`
`or disbarments from practice, nor any application for admission to practice denied,
`
`nor any sanctions or contempt citations, and is admitted to practice in the United
`
`States District Courts for the District of Massachusetts, the United States Court of
`
`Appeals for the Federal Circuit. (Id. at ¶¶ 2-5.) His mailing address is at One
`
`Financial Center, Boston MA, 02111. His email address is
`
`mcnewman@mintz.com, and his direct dial is 617-348-1626.
`
`Mr. Newman is particularly familiar with the subject matter at issue in this
`
`proceeding based on his work as trial counsel in a number of cases involving U.S.
`
`Patent No. 6,009,469. He has been counsel to Patent Owner with respect to U.S.
`
`Patent No. 6,009,469 in the following matters: C ertain P oint-to-P ointN etwork
`
`C ommu nication D evices and P rodu cts C ontainingSame, Inv. No. 337-TA-892
`
`(U.S.I.T.C., filed Aug. 1, 2013); StraightP athIP Grp.,Inc.v.L G Elecs.Inc,
`
`V IZIO ,Inc., ToshibaC orp(E.D. Va., consolidated case No. 1:13-cv-00934-AJT-
`
`2
`
`
`
`Case IPR2014-01367
`Patent No. 6,009,469
`
`IDD); StraightP athIP Grp.,Inc.v.Samsu ngElectronics,B lackberry,ZTE,and
`
`H u aweiTechnologies (E.D. Tex., consolidated Case No. 13-cv-604) StraightP ath
`
`IP Grp.Inc.v.Straightand N etflix,Inc. (E.D. Tex. Case No. 14-cv-405);
`
`A mazon.com,Inc.,v.StraightP athIP Grp.,Inc.(N.D. Cal. Case No. 5:14-cv-
`
`4561-EJD). (Newman Decl. at 10.) Mr. Newman was the lead associate in each of
`
`these cases, and was involved in most all aspects of the litigations, including the
`
`issue of validity of U.S. Patent No. 6,009,469. (Id.)
`
`Mr. Newman has read and will comply with the Office Patent Trial Practice
`
`Guide and the Board's Rules for Practice for Trials set forth in part 42 of the C.F.R,
`
`and he agrees to be subject to the USPTO Rules of Professional Conduct set forth
`
`in 37 C.F.R. §§ 11.101 et seq., and to disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a). (Id. at ¶ 7.)
`
`For these reasons Patent Owner respectfully requests that the Board admit
`
`Michael C. Newman pro hac vice in this proceeding.
`
`Dated: April 16, 2015
`
`/William Meunier/
`William A. Meunier (Reg. No. 41,193)
`Matthew Durell (Reg. No. 55,136)
`Mintz, Levin, Cohn, Ferris, Glovsky
`and Popeo, P.C.
`One Financial Center
`Boston, MA 02111
`Telephone: (617) 348-1845
`Facsimile: (617) 542-2241
`StraightPathIPRs@mintz.com
`
`3
`
`
`
`Case IPR2014-01367
`Patent No. 6,009,469
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of Patent Owner’s Unopposed Motion for Pro Hac Vice
`
`Admission of Michael Newman Under 37 C.F.R. § 42.10 and supporting Exhibits
`
`2009 and 2010 are being served by electronic mail and First Class Mail, prepaid,
`
`on the following counsel for the Petitioner:
`
`Brian Erickson (Reg. No. 48,895)
`brian.erickson@dlapiper.com
`DLA Piper LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, Texas 78701
`Samsung-SP-IPR@dlapiper.com
`
`Jeff Cole (Reg. No. 56,052)
`jeff.cole@dlapiper.com
`DLA Piper LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, Texas 78701
`Samsung-SP-IPR@dlapiper.com
`
`Dated: April 16, 2015
`
`/Matthew D. Durell/
`Matthew D. Durell (Reg. No. 55,136)
`Mintz, Levin, Cohn, Ferris, Glovsky
`and Popeo, P.C.
`One Financial Center
`Boston, MA 02111
`Telephone: (617) 348-1615
`Facsimile: (617) 542-2241
`StraightPathIPRs@mintz.com
`
`4
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