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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`LG ELECTRONICS, INC., and
`LG ELECTRONICS U.S.A., INC.,
`Petitioner
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`v.
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`TOSHIBA SAMSUNG STORAGE TECHNOLOGY KOREA CORPORATION,
`Patent Owner
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`Case IPR2015-01653
`Patent RE43,106
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` Date filed: April 14, 2016
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`Filed on behalf of: LG Electronics, Inc. and Paper ____
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` LG Electronics U.S.A., Inc.
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`By: Brian A. Tollefson, Lead Counsel
`Michael V. Battaglia, Back-up Counsel
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: btollefson@rothwellfigg.com
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` mbattaglia@rothwellfigg.com
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`PETITIONER’S MOTION FOR ADMISSION
`PRO HAC VICE OF MICHAEL H. JONES
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`Case IPR2015-01653
`Patent RE43,106
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I.
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`Relief Requested
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`Pursuant to 37 C.F.R. § 42.10, Petitioners LG Electronics, Inc. and LG
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`Electronics U.S.A., Inc. (collectively “LGE” or “Petitioners”) requests that the
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`Board admit Michael H. Jones pro hac vice in this proceeding to serve as back-up
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`counsel.
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`II.
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`Statement of Facts Showing There is Good Cause for the Board to
`Recognize Counsel Pro Hac Vice During the Proceeding
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
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`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. § 42.10(c) indicates that, “where lead counsel is a
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`registered practitioner, a motion to appear pro hac vice may be granted upon a
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`showing that counsel is an experienced litigating attorney and has an established
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`familiarity with the subject matter at issue in the proceeding.” The facts here
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`establish good cause for the Board to recognize Michael H. Jones pro hac vice
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`during this proceeding, so that he may participate in, inter alia, oral hearings,
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`depositions, and conferences with the Board.
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`1.
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`Lead counsel, Brian A. Tollefson, is a registered practitioner.
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`Case IPR2015-01653
`Patent RE43,106
`Counsel, Michael H. Jones, is an experienced litigating attorney and
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`2.
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`has an established familiarity with the subject matter at issue in the proceeding.
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`Accompanying this motion is the Declaration of Michael H. Jones in Support of
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`Patent Owner’s Motion for Admission Pro Hac Vice (“Jones Decl.”). Mr. Jones is
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`a member in good standing of the Bars of the District of Columbia and the State of
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`Virginia. Jones Decl., ¶ 2. Mr. Jones is also admitted to practice in the Courts of
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`Appeals for the Federal Circuit. Id. Mr. Jones has been litigating patent cases
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`since 2010. Id. at ¶ 3. Prior to that, Mr. Jones served for two summers as a law
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`clerk working on various patent matters under the supervision of attorneys. Id.
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`3. Mr. Jones is familiar with the subject matter at issue in this
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`proceeding by virtue of his representing the Petitioners in two lawsuits. The first
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`case was brought by Petitioners against the Patent Owner, LG Electronics, Inc. and
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`LG Electronics U.S.A., Inc. v. Toshiba Samsung Storage Technology Korea
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`Corporation, Case No. 1:12-cv-01063-LPS-CJB (D. Del.), and involves the patent
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`at issue in this proceeding. The second case was brought by the Patent Owner
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`against the Petitioners, Toshiba Samsung Storage Technology Korea Corporation
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`v. LG Electronics, Inc., LG Electronics U.S.A., Inc. and LG International
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`(America), Inc., Case No. 1:15-cv-00691-LPS-CJB (D. Del.), and involves the
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`patent at issue in this proceeding. Jones Decl., ¶ 10.
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`Case IPR2015-01653
`Patent RE43,106
` 4. Mr. Jones attests to each of the listed items required by the “Order --
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`Authorizing Motion for Pro Hac Vice Admission in Case IPR2013-00639”
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`referenced in the Notice of Filing Date Accorded to Petition and Time for Filing
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`Patent Owner Preliminary Response, mailed August 19, 2015 (Paper 3). See Jones
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`Decl., ¶¶ 1-10.
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`5. Mr. Jones 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, as set forth in Part 42
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`of 37 C.F.R. Jones Decl., ¶ 7. Mr. Jones agrees to be subject to the USPTO Rules
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`of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a) and to be subject to the USPTO Rules of
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`Professional Conduct as set forth in Changes to Representation of Others Before
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`the United States Patent and Trademark Office; Final Rule, 78 Fed. Reg. 20180
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`(Apr. 3, 2013) (effective May 3, 2013). Jones Decl., ¶ 8.
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`III. Conclusion
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`The requirements for admission pro hac vice being hereby established,
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`Petitioners LG Electronics, Inc. and LG Electronics U.S.A., Inc., respectfully
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`requests that the Board admit Michael H. Jones pro hac vice in this proceeding.
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`Case IPR2015-01653
`Patent RE43,106
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`Respectfully submitted,
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` / Brian A. Tollefson /
`By:
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`Date: April 14, 2016
`Brian A. Tollefson, Reg. No. 46,338
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`Michael V. Battaglia, Reg. No. 64,932
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`ROTHWELL, FIGG, ERNST &
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` MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
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`Counsel for Petitioners
`LG Electronics, Inc. and
`LG Electronics U.S.A., Inc.
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`Case IPR2015-01653
`Patent RE43,106
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 14th day of April, 2016, a true and correct copy
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`of the foregoing PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE
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`OF MICHAEL H. JONES was served, via electronic mail upon the following
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`counsel for Patent Owner Toshiba Samsung Storage Technology Korea
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`Corporation:
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`Joseph A. Rhoa, Esq.
`Jonathan A. Roberts, Esq.
`Nixon & Vanderhye P.C.
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203-1808
`Phone: 703-816-4000
`Facsimile: 703-816-4100
`Emails: jar@nixonvan.com
`jr@nixonvan.com
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`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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