Case IPR2015-00635
`U.S. Patent No. 5,563,883
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`Paper No. 36
`Filed: January 14, 2016
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`MOTION FOR PRO HAC VICE ADMISSION
`OF MERRI C. MOKEN PURSUANT TO 37 C.F.R. §42.10(c)
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` Cox Communications, Inc., who filed a Petition in IPR2015-01796, has
`1
`been joined as a petitioner in this proceeding.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`ARRIS GROUP, INC. and COX COMMUNICATIONS, INC.
`Petitioners
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`v.
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`C-CATION TECHNOLOGIES, LLC
`Patent Owner
`____________________
`
`CASE IPR2015-006351
`Patent 5,563,883
`____________________
`
`
`U.S. Patent No. 5,563,883
`
`
`
`
`
`Paper No. 36
`Filed: January 14, 2016
`
`
`
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF MERRI C. MOKEN PURSUANT TO 37 C.F.R. §42.10(c)
`
`
`
`
` Cox Communications, Inc., who filed a Petition in IPR2015-01796, has
`1
`been joined as a petitioner in this proceeding.
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`ARRIS GROUP, INC. and COX COMMUNICATIONS, INC.
`Petitioners
`
`v.
`
`C-CATION TECHNOLOGIES, LLC
`Patent Owner
`____________________
`
`CASE IPR2015-006351
`Patent 5,563,883
`____________________
`
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`
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner respectfully requests the pro
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`hac vice admission of Merri C. Moken as backup counsel for Patent Owner in the
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`current proceedings. A declaration made by Ms. Moken in support of this motion
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`is attached hereto as Exhibit A.
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`1.
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`Statement of Facts
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`1. Ms. Moken is a litigation attorney experienced in patent cases, and is
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`admitted to practice law in Massachusetts and New York, as well as the following
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`Federal Courts:
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`U.S. District Court for the Eastern District of New York;
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`U.S. District Court for the Southern District of New York;
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`U.S. Court of Appeals for the Federal Circuit;
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`2. Ms. Moken has not had any application denied for admission to
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`practice, nor has he been sanctioned, cited for contempt, suspended or disbarred
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`from practice, before any court or administrative body.
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`3. Ms. Moken has an established familiarity with the subject matter at
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`issue in this proceeding, having represented Patent Owner in District Court
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`proceedings involving the same technology (C-Cation Techs, LLC v. Comcast
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`Corp. et al., 2:11-CV-00030-JRG-RSP [E.D. Tex.] and Comcast et al. v. C-Cation
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`et al., 1:11-cv-01922-JGK-RLE [S.D.N.Y.]).
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`4. Ms. Moken has read and will comply with the Office Patent Trial
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`Practice Guide and the Board's Rules of Practice for Trials set forth in part 42 of
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`the C.F.R.
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`2.
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`Conclusions
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`For the reasons stated above, Patent Owner respectfully submits that there is
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`good cause for the Board to recognize Merri C. Moken pro hac vice during the
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`
`
`/s/ Walter E. Hanley, Jr.
`Registration No. 28,720
`Lead Counsel for Patent Owner
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
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`proceeding.
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`Dated: January 14, 2016
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`-3-
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing “MOTION FOR PRO
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`HAC VICE ADMISSION OF MERRI C. MOKEN” was served via electronic mail
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`on January 14, 2016, on the Petitioner at the correspondence address of the
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`Petitioner as follows:
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`LEAD COUNSEL
`FOR COX COMMUNICATIONS, INC.
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`Mitchell G. Stockwell (Reg. #39,389)
`mstockwell@kilpatricktownsend.com
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta , GA 30309-4528 USA
`Telephone: (404) 815-6500
`Fax: (404) 541-3403
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`BACKUP COUNSEL
`FOR COX COMMUNICATIONS, INC.
`
`Michael J. Turton (Reg. #40,852)
`mturton@kilpatricktownsend.com
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta , GA 30309-4528 USA
`Telephone: (404) 815-6500
`Fax: (404) 541-3403
`
`/s/ Walter E. Hanley, Jr.
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
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`-4-
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`LEAD COUNSEL
`FOR ARRIS GROUP, INC.
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`Andrew R. Sommer
`asommer@winston.com
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, D.C. 20006-3817
`T: (202) 282-5000
`F: (202) 282-5100
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`BACKUP COUNSEL
`FOR ARRIS GROUP, INC.
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`Jonathan E. Retsky
`jretsky@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`T: (312) 558-3791
`F: (312) 558-5700
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`EXHIBIT A
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`EXHIBIT A
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`-5-
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`I, MERRI C. MOKEN, declare as follows:
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`1. I am a partner at the law firm of Kenyon & Kenyon LLP, with offices located at
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`One Broadway, New York, NY 10004, which has been retained by Patent Owner
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`C-Cation Technologies LLC in this inter partes review.
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`2. I make this affidavit in support of the Patent Owner’s application for my
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`admission pro hac vice.
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`3. I am a member in good standing of the Bar in Massachusetts and New York.
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`I am also duly admitted and authorized to practice law before the U.S.
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`District Court for the Eastern District of New York, the U.S. District Court
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`for the Southern District of New York, and the U.S. Court of Appeals for the
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`Federal Circuit.
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`4. I have not had any application denied for admission to practice, nor have I
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`been sanctioned, cited for contempt, suspended or disbarred from practice,
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`before any court or administrative body.
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`5. If admitted pro hac vice in this matter, I will serve as counsel with Walter E.
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`Hanley, Jr., also of the law firm Kenyon & Kenyon. Mr. Hanley is lead
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`counsel on this case and is registered to practice before the USPTO.
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`6. I understand that, upon admission pro hac vice, I will be subject to the
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`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
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`seq. and to disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`-6-
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`7. I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board's Rules of Practice for Trials set forth in part 42 of the C.F.R.
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`8. I hereby agree to notify the Board immediately of any matter affecting my
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`standing at the bar of any other Court.
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`9. I have not applied to appear pro hac vice in any other matters before the
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`Office in the last three years.
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`10. I have an established familiarity with the subject matter at issue in this
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`proceeding, having represented Patent Owner in District Court proceedings
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`involving the same technology (C-Cation Techs, LLC v. Comcast Corp. et
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`al., 2:11-CV-00030-JRG-RSP [E.D. Tex.] and Comcast et al. v. C-Cation et
`
`al., 1:11-cv-01922-JGK-RLE [S.D.N.Y.]).
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`11. I hereby respectfully request that the Board grant Patent Owner C-Cation
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`Technologies LLC’s application to permit me to appear and participate pro
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`hac vice in this proceeding.
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`12. I understand that willful false statements and the like are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. 1001, and may jeopardize the
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`validity of the application or any patent issuing thereon. I declare under
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`penalty of perjury that the foregoing is true and correct.
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`Executed on: January 14, 2016
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` /s/ Merri C. Moken
` MERRI C. MOKEN
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`-7-
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