`By:
`Justin B. Kimble (JKimble-IPR@bcpc-law.com)
`
`Jeffrey R. Bragalone (jbragalone@bcpc-law.com)
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`Tel: 214.785.6670
`Fax: 214.786.6680
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG DISPLAY CO., LTD.,
`Petitioner,
`v.
`
`DELAWARE DISPLAY GROUP LLC,
`Patent Owner.
`
`
`
`Case IPR2015-00506
`U.S. Patent No. 7,434,973
`
`
`
`PRO HAC VICE MOTION TO ADMIT ATTORNEY JEFFREY R.
`BRAGALONE PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`
`
`
`Case IPR2015-00506
`Patent 7,434,973
`
`
`
`Patent Owner Delaware Display Group LLC (“DDG”) hereby files this
`
`motion pursuant to 37 C.F.R. § 42.10(c) for Jeffrey R. Bragalone to appear pro hac
`
`vice on its behalf before the Patent Trial and Appeal Board in IPR2015-00506. This
`
`motion follows the guidelines set forth in IPR2013-00639, Paper 7, entered October
`
`15, 2013.
`
`A. Lead Counsel is a Registered Practitioner.
`
`DDG has already designated a registered practitioner, Justin B. Kimble (reg.
`
`no. 58,591) as lead counsel. DDG intends to designate Jeffrey R. Bragalone as its
`
`back-up counsel in the event this motion is granted.
`
`B. There is Good Cause for the Board to Recognize Jeffrey R. Bragalone
`
`pro hac vice during this proceeding.
`
`1. Mr. Bragalone is an experienced litigator.
`
`Jeffrey R. Bragalone is an experienced litigator with over 26 years of
`
`experience. He has argued three patent cases before the Federal Circuit: (1)
`
`Greenliant Sys., Inc. v. Xicor LLC, 692 F.3d 1261 (Fed. Cir. 2012); (2) United Access
`
`Technologies, LLC v. Earthlink, Inc., 432 F. App’x 976 (Fed. Cir. 2011); (3) Board
`
`of Regents of the University of Texas System v. BenQ America Corp., 533 F.3d 1362
`
`(Fed. Cir. 2008); and appeared on brief in a fourth case: (4) Tegic Commc’ns Corp.
`
`v. Board of Regents of the University of Texas System, 458 F.3d 1335 (Fed. Cir.
`
`2006). In addition to his argument before the Federal Circuit, Mr. Bragalone has
`
`
`
`2
`
`
`
`Case IPR2015-00506
`Patent 7,434,973
`
`represented numerous clients in patent litigation and general litigation as lead
`
`counsel in district courts and state courts across the United States. Mr. Bragalone
`
`also currently represents plaintiffs in the patent litigation styled HSM Portfolio LLC
`
`et al. v. Fujitsu Ltd. et, No. 1:11-cv-00770 (D. Del., filed September 1, 2011). Mr.
`
`Bragalone has also participated in several oral arguments before the PTAB,
`
`including in IPR2014-00785 and IPR2014-00824.
`
`2. Mr. Bragalone has an established familiarity with the subject
`
`matter at issue in the proceeding.
`
`Mr. Bragalone currently represents DDG in its assertion of U.S. Patent No.
`
`7,434,973 and its related patents in numerous cases resolved in the Eastern District
`
`of Texas and pending in the District of Delaware. See, e.g., Delaware Display Group
`
`LLC et al. v. LG Electronics, Inc. et al., No. 1:13-cv-02109 (D. Del., filed Dec. 31,
`
`2013); see also Delaware Display Group LLC et al. v. Vizio Inc., et al., No. 1:13-
`
`cv-02112 (D. Del., filed Dec. 31, 2013). As lead counsel in those actions, Mr.
`
`Bragalone has familiarized himself with the subject matter at issue in this
`
`proceeding, i.e., light emitting panel assemblies and light redirecting film systems
`
`having pattern of variable optical elements. During the course of those lawsuits, Mr.
`
`Bragalone has developed invalidity defenses for the patent-at-issue in this petition
`
`as well as its related patents. Furthermore, in those lawsuits Mr. Bragalone has
`
`developed infringement allegations that assert the patent-at-issue in this petition
`
`
`
`3
`
`
`
`Case IPR2015-00506
`Patent 7,434,973
`
`against various devices, including those found in smart phones, tablets, laptop
`
`computers, and televisions to name a few. In his role as the lead counsel in those
`
`litigations, Mr. Bragalone has spent significant time learning the technology
`
`involved in light redirecting film systems having pattern of variable optical elements
`
`such as those found in the patent-at-issue in this proceeding.
`
`C. Mr. Bragalone has Submitted Herewith a Declaration1 Attesting the
`
`Following Facts.
`
`1. Mr. Bragalone is a member in good standing of the Texas State Bar.
`
`2. Mr. Bragalone has never been subject to any suspensions or
`
`disbarments from practice before any court or administrative body.
`
`3.
`
`None of Mr. Bragalone’s applications for admission to practice before
`
`any court or administrative body has ever been denied.
`
`4. Mr. Bragalone has never been sanctioned nor had contempt citations
`
`imposed by any court or administrative body.
`
`5. Mr. Bragalone 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 37 C.F.R.
`
`
`1 See Declaration of Jeffrey R. Bragalone, attached hereto as Exhibit 2001.
`
`
`
`4
`
`
`
`Case IPR2015-00506
`Patent 7,434,973
`
`6. Mr. Bragalone 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.
`
`During the past three years, Mr. Bragalone has applied to appear pro
`
`hac vice before the PTAB in twenty-one other proceedings, nineteen of
`
`which have been granted and the rest remain pending. Ten of the pro
`
`hac vice motions involve the same or related parties as this proceeding
`
`and also involve the same or similar subject matter:
`
`i. IPR2014-01092 (granted);
`
`ii. IPR2014-01094 (granted);
`
`iii. IPR2014-01095 (granted);
`
`iv. IPR2014-00096 (granted);
`
`v. IPR2014-01097 (granted);
`
`vi. IPR2014-01357 (granted);
`
`vii. IPR2014-01359 (granted);
`
`viii. IPR2014-01362 (granted);
`
`ix. IPR2015-00487 (pending); and
`
`x. IPR2015-01717 (pending).
`
`The remaining eleven pro hac vice motions involve eleven other
`
`IPRs all unrelated to this petition:
`
`
`
`5
`
`
`
`Case IPR2015-00506
`Patent 7,434,973
`
`xi. CBM2014-00166 (granted);
`
`xii. IPR2014-00785 (granted);
`
`xiii. IPR2014-00810 (granted);
`
`xiv. IPR2014-00824 (granted);
`
`xv. IPR2014-00825 (granted);
`
`xvi. IPR2014-01278 (granted);
`
`xvii. IPR2014-01282 (granted);
`
`xviii. IPR2014-01283 (granted);
`
`xix. IPR2015-00153 (granted);
`
`xx. IPR2015-00155 (granted); and
`
`xxi. IPR2015-00156 (granted).
`
`Mr. Bragalone has not applied to appear pro hac vice in any other
`
`proceeding before the PTAB.
`
`8. Mr. Bragalone has familiarity with the subject matter at issue in the
`
`proceeding as set forth in Section B.2 above.
`
`
`
`6
`
`
`
`Case IPR2015-00506
`Patent 7,434,973
`
`Dated: September 9, 2015
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this document has been served via
`
`
`
`
`
`
`
`electronic mail on September 9, 2015, to Petitioner at following email addresses
`
`pursuant to its consent in its Petition at p. 3. rpluta@mayerbrown.com;
`
`bpaul@mayerbrown.com; astreff@mayerbrown.com; alam@mayerbrown.com; and
`
`DDGIPR@mayerbrown.com.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_____________________________
`
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`
`
`
`7