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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MERCEDES-BENZ USA, LLC and
`MERCEDES-BENZ U.S. INTERNATIONAL, INC.
`Petitioners,
`v.
`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner
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`Inter Partes Review of U.S. Patent No. 7,434,974
`Case No. IPR2015-00368
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`MOTION FOR PRO HAC VICE ADMISSION OF
`JONATHAN R. DEFOSSE PURSUANT TO 37 C.F.R. § 42.10(c)
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`Pursuant to the Notice of Filing Date Accorded to Petition and Time for
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`Filing Patent Owner Preliminary Response (the “Notice”) dated December 30,
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`2014, Petitioners Mercedes-Benz USA, LLC and Mercedes-Benz U.S.
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`International, Inc. respectfully request the pro hac vice admission of Jonathan R.
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`DeFosse as backup counsel for Petitioner in the above-captioned proceeding.
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`1. Time for Filing
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`Pursuant to the Notice and the Representative Order in Case IPR2013
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`00639, Paper 7 (the “Representative Order”), this motion is filed no sooner than
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`twenty-one (21) days after service of the petition. The petition was served on
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`December 4, 2014; thus the earliest permissible filing date for this motion was
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`December 25, 2014.
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`2. Content of Motion
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`a. Statement of Facts
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`Pursuant to the Representative Order, the following statement of facts shows
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`that there is good cause for the Board to recognize Mr. DeFosse pro hac vice
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`during the current proceeding.
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`Mr. DeFosse is a litigation attorney experienced in patent cases, and is
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`admitted to practice law in Virginia and the District of Columbia, as well as before
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`several United States District Courts and Courts of Appeal.
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`Mr. DeFosse has an established familiarity with the subject matter at issue in
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`this proceeding, as he represents Petitioners as defendants in the related proceeding
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`Innovative Display Technologies, LLC v. Mercedes-Benz U.S. Int’I, Inc., et al., No.
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`2:14-cv-00535 (E.D. Tex.). In this related proceeding, Patent Owner has asserted
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`against Petitioners the following patents (among others): U.S. Patent No.
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`7,384,177; U.S. Patent No. 7,300,194; U.S. Patent No. 6,755,547; U.S. Patent No.
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`7,404,660; U.S. Patent No. 8,215,816; U.S. Patent No. 7,434,974. Mr. DeFosse’s
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`experience representing Petitioner in this related proceeding, concerning the same
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`patents against the same Patent Owner, provides him with an established
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`familiarity with the subject matter at issue in the current proceeding.
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`Petitioners therefore respectfully submit that there is good cause for the
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`Board to recognize Mr. DeFosse pro hac vice during the current proceedings.
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`3. Declaration
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`Pursuant to the Representative Order, a declaration of Jonathan R. DeFosse
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`is submitted as Exhibit 1024 to this motion.
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`Dated: March 6, 2015
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`/s/ Scott W. Doyle
`Scott W. Doyle (Reg. No. 39176)
`Lead Counsel for Petitioners
`SHEARMAN & STERLING LLP
`801 Pennsylvania Ave. NW, Ste. 900
`Washington, DC 20004
`Telephone (202) 508-8000
`Facsimile: (202) 508-8100
`Scott.Doyle@shearman.com
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on March 6, 2015, the foregoing
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`MOTION FOR PRO HAC VICE ADMISSION OF JONATHAN R.
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`DEFOSSE, along with the associated Exhibit 1024 and Petitioner’s Exhibit List,
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`were served via electronic mail upon counsel for the Patent Owner:
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`
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`Justin B. Kimble
`Jeffrey R. Bragalone
`Bragalone Conroy PC
`2200 Ross Avenue
`Suite 4500 – West
`Dallas, TX 75201
`jkimble@bcpc-law.com
`jbragalone@bcpc-law.com
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` Dated March 6, 2015
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`/s/ Scott W. Doyle
`Scott W. Doyle (Reg. No. 39176)
`Lead Counsel for Petitioners
`SHEARMAN & STERLING LLP
`801 Pennsylvania Ave., NW,
`Ste. 900
`Washington, DC 20004
`Telephone: (202) 508-8000
`Facsimile: (202) 508-8100
`scott.doyle@shearman.com
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