Filed on behalf of Samsung Electronics Co., Ltd.
`By: Heath Briggs, Reg. No. 54,919
`
`GREENBERG TRAURIG, LLP
`
`1200 Denver, CO 80202
`
`BriggsH@gtlaw.com
`
`(303) 572-6500
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`Samsung Electronics Co., Ltd.
`Petitioner,
`
`v.
`
`Mobile Telecommunications Technologies, LLC
`Patent Owner
`______________________
`
`
`
`Inter Partes Review No. IPR2015-01725
`Patent No. 5,915,210
`
`
`
`SAMSUNG ELECTRONICS CO., LTD.’S MOTION FOR PRO HAC VICE
`ADMISSION OF RONALD J. PABIS UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1
`
`
`By: Heath Briggs, Reg. No. 54,919
`
`GREENBERG TRAURIG, LLP
`
`1200 Denver, CO 80202
`
`BriggsH@gtlaw.com
`
`(303) 572-6500
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`Samsung Electronics Co., Ltd.
`Petitioner,
`
`v.
`
`Mobile Telecommunications Technologies, LLC
`Patent Owner
`______________________
`
`
`
`Inter Partes Review No. IPR2015-01725
`Patent No. 5,915,210
`
`
`
`SAMSUNG ELECTRONICS CO., LTD.’S MOTION FOR PRO HAC VICE
`ADMISSION OF RONALD J. PABIS UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1
`
`
`
`I.
`
`RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(c), and as authorized in the Board’s Notice of
`
`Filing Date in this proceeding (Paper 4, p. 2) (“Notice”), Petitioner, Samsung
`
`Electronics Co., Ltd. (“Samsung”) respectfully requests the pro hac vice admission
`
`of Ronald Pabis in this proceeding.
`
`II. GOVERNING LAW, RULES, AND PRECEDENT
`
`Section 42.10(c) states as follows:
`
`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.
`
`The Notice requires that any motion for pro hac vice admission under 37
`
`C.F.R. § 42.10(c) must be filed in accordance with the “Order – Authorizing
`
`Motion for Pro Hac Vice Admission” entered in Case IPR2013-00010 (MPT)
`
`(“Motorola Order”). See Notice, p. 2.
`
`2
`
`
`
`The Motorola Order requires that such motions (1) “[c]ontain a statement of
`
`facts showing there is good cause for the Board to recognize counsel pro hac vice
`
`during the proceeding”; (2) be filed no sooner than twenty-one (21) days after
`
`service of the petition; and (3) “[b]e accompanied by an affidavit or declaration of
`
`the individual seeking to appear attesting to the following:
`
`i. Membership in good standing of the Bar of at least one State or the
`District of Columbia;
`
`ii.
`
`No suspensions or disbarments from practice before any court or
`administrative body;
`
`iii. No application for admission
`administrative body ever denied;
`
`to practice before any court or
`
`iv. No sanctions or contempt citations
`administrative body;
`
`imposed by any court or
`
`v.
`
`vi.
`
`The individual seeking to appear 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 the C.F.R.;
`
`The individual will be subject to the USPTO Code of Professional
`Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary
`jurisdiction under 37 C.F.R. § 11.19(a);
`
`vii. All other proceedings before the Office for which the individual has
`applied to appear pro hac vice in the last three (3) years; and
`
`viii. Familiarity with the subject at issue in the proceeding.
`
`
`
`3
`
`
`
`III. STATEMENT OF FACTS
`
`Based on the following facts, and supported by the Affidavit of Mr. Pabis
`
`(Ex. 1018) submitted herewith, Petitioner requests the pro hac vice admission of
`
`Ronald Pabis in this proceeding:
`
`1.
`
`Petitioner’s lead counsel, Heath Briggs, is a registered practitioner
`
`(Reg. No. 54,919).
`
`2. Mr. Pabis is a shareholder at the law firm Greenberg Traurig, LLP.
`
`Ex. 1018 at ¶3.
`
`3. Mr. Pabis is an experienced litigating attorney. Mr. Pabis has been a
`
`litigating attorney for more than twenty-one years. Id. at ¶4. Mr. Pabis has been
`
`litigating patent cases for more than fourteen years. Id.
`
`4. Mr. Pabis has an established familiarity with the subject matter at
`
`issue in this proceeding. Mr. Pabis is Petitioner’s co-lead trial counsel in its
`
`district court litigation (Mobile Telecommunication Technologies, LLC v. Samsung
`
`Electronics Co., Ltd. et al., Case No. 2:15-cv-183 (E.D. Tex.)), which involves the
`
`same patent at issue in this proceeding. Id. at ¶11. As counsel for Petitioner in that
`
`matter, Mr. Pabis has been actively involved in all aspects of Petitioner’s litigation.
`
`5. Mr. Pabis is a member in good standing in the bars of Florida, the
`
`District of Columbia, numerous U.S. District Courts, and the U.S. Court of
`
`Appeals for the Federal Circuit. Id. at ¶5.
`
`4
`
`
`
`6. Mr. Pabis has never been suspended or disbarred from practice before
`
`any court or administrative body. Id. at ¶5.
`
`7.
`
`No application of Mr. Pabis for admission to practice before any court
`
`or administrative body has ever been denied. Id. at ¶6.
`
`8.
`
`No sanctions or contempt citations have ever been imposed against
`
`Mr. Pabis by any court or administrative body. Id. at ¶7.
`
`9. Mr. Pabis 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
`
`the C.F.R. Id. at ¶8.
`
`10. Mr. Pabis understands that he will be subject to the USPTO Code of
`
`Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a). Id. at ¶9.
`
`11. Mr. Pabis is concurrently seeking pro hac vice admission in the
`
`Petitioner’s inter partes challenges to U.S. Patent Nos. 5,915,210 and 5,659,891.
`
`These proceedings have been designated IPR2015-01724, and IPR2015-01726 and
`
`IPR2015-01727, respectively. Mr. Pabis has been granted pro hac vice admission
`
`to represent Petitioner Amkor Technology, Inc. in an unrelated matter for case
`
`IPR2013-00242 (paper 62). Otherwise, Mr. Pabis has not applied to appear pro
`
`hac vice in any other proceedings before the Office in the last three (3) years. Id.
`
`at ¶10.
`
`5
`
`
`
`12. This motion was filed no sooner than 21 days after service of the
`
`Petition in this proceeding, which occurred on August 13, 2015.
`
`IV. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`MR. PABIS IN THIS PROCEEDING
`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. 37 C.F.R. §
`
`42.10(c). Petitioner’s lead counsel, Heath Briggs, is a registered practitioner.
`
`Based on the facts contained herein, as supported by Mr. Pabis’s Affidavit (Ex.
`
`1018), good cause exists to admit Mr. Pabis pro hac vice in this proceeding.
`
`As supported by his affidavit, Mr. Pabis is an experienced litigating attorney
`
`with over fourteen (14) years of patent litigation experience. Mr. Pabis also has an
`
`established familiarity with the subject matter at issue in this proceeding as he is
`
`Petitioner’s
`
`co-lead
`
`counsel
`
`in
`
`its district
`
`court
`
`litigation
`
`(Mobile
`
`Telecommunication Technologies, LLC v. Samsung Electronics Co., Ltd. et al.,
`
`Case No. 2:15-cv-183 (E.D. Tex.)). This proceeding involves the same patent –
`
`U.S. Patent No. 5,915,210 – that is at issue in that pending litigation (among
`
`others).
`
`As counsel for Petitioner, Mr. Pabis has been actively involved in all aspects
`
`of its district court litigation, including Petitioner’s factual investigation and
`
`development of its invalidity positions regarding the claims of the ’891 patent
`
`6
`
`
`
`being challenged in this proceeding. In view of Mr. Pabis’s extensive knowledge
`
`of the precise subject matter at issue in this proceeding, and in view of the
`
`interrelatedness of this proceeding and its district court proceeding, Petitioner has a
`
`substantial need for Mr. Pabis’s pro hac vice admission and his involvement in this
`
`proceeding. Though Mr. Pabis has been involved throughout this IPR in an
`
`advisory capacity, and has stayed up-to-date regarding the documents filed and
`
`actions taken, there is now a need for Mr. Pabis to be added as backup counsel to
`
`this IPR. Mr. Pabis’s pro hac vice admission will enable Petitioner to avoid
`
`unnecessary expense and duplication of work between this proceeding and its
`
`district court proceeding. See 77 Fed. Reg. 157 (Aug. 14, 2012), at 48661
`
`(Office’s comment on final rule discussing concerns about efficiency and costs
`
`where an entity has already engaged counsel for parallel district court litigation).
`
`V. CONCLUSION
`
`For the foregoing reasons, Samsung respectfully requests that the Board
`
`admit Mr. Pabis pro hac vice in this proceeding.
`
`The Patent Trial and Appeal Board is hereby authorized to charge any fees
`
`associated with this filing to Deposit Account No. 50-2775.
`
`
`
`
`
`7
`
`
`
`
`
`Dated: November 4, 2015
`
`
`
`
`Respectfully submitted,
`
`GREENBERG TRAURIG, LLP
`
`/s/ Heath J. Briggs
`Heath J. Briggs
`Registration No. 54,919
`1200 17th Street, Suite 2400
`Denver, CO 80202
`Phone: (303) 572-6500
`Fax: (303) 572-6540
`
`8
`
`
`
`Filed on behalf of Samsung Electronics Co., Ltd.
`By: Heath Briggs, Reg. No. 54,919
`GREENBERG TRAURIG, LLP
`1200 Denver, CO 80202
`BriggsH@gtlaw.com
`(303) s72-6s00
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE TT{E PATENT TRIAL AND APPEAL BOARD
`
`Samsung Electronics Co., Ltd.
`Petitioner,
`
`V
`
`Mobile Telecommunications Technologies, LLC
`Patent Owner
`
`Inter Partes Review No. IPR20L5-01725
`Patent No. 5,915,210
`
`AFFIDAVIT OF RONALD PABIS
`IN SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION
`
`Maìl Stop "PATENT BOARD'
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office P.O. Box 1450
`Alexandria, VA 223 13 -1450
`
`
`
`Samsung Exhibit 1018
`IPR2015-01725
`AFFIDAVIT OF RONALD PABIS
`1.
`
`I, Ronald Pabis, am more than twenty-one years of age, am competent
`
`to present this affidavit, and have personal knowledge of the facts below.
`2. This affidavit supports Samsung's motionfor pro hac vice admission.
`
`-tJ
`
`4
`
`I am a shareholder at the law firm Greenberg Traurig, LLP.
`
`I have been a litigating attorney for more than twenty-one years. I
`
`have been litigating patent cases for more than fourteen years.
`5.
`
`I am a member in good standing in the bars of Florida, the District of
`
`Columbia, numerous U.S. District Courts, and the U.S. Court of Appeals for the
`
`Federal Circuit. I have never been suspended or disbarred from practice before
`
`any court or administrative body.
`6. No court or administrative body has ever denied my application for
`
`admission to practice before it.
`
`7. No court or administrative body has ever imposed sanctions or
`
`contempt citations on me.
`8.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board's Rules of Practice for Trials set forth inpart 42 of the C.F.R.
`I agree to be subject to the USPTO Code of Professional
`9.
`
`Responsibility set forth in37 C.F.R. $$ 10.20 et seq. and disciplinary jurisdiction
`
`under 37 C.F.R. $ 11.19(a).
`
`
`
`Samsung Exhibit 101 8
`IPR2015-0t725
`AFFIDAVIT OF RONALD PABIS
`10. I am concurrently seeking pro hac vrce admission in the Petitioner's
`
`inter partes challenges to U.S. Patent Nos. 5,915,210 and 5,659,891. These
`
`proceedings have been designated IPR2015-01724, and IPR2015-01726 and
`IPR2015-01727, respectively. I have been granted pro hac vice admission to
`
`represent petitioner Amkor Technology, Inc. in an unrelated matter for case
`
`IPR2013-00242 (çtaper 62). Otherwise, I have not applied to appear pro hac vice
`
`in any other proceedings before the Office in the last three (3) years.
`
`11. I am petitioner's co-lead trial counsel in the district court litigation
`
`(Mobile Telecommunication Technologies, LLC v. Sqmsung Electronics Co., Ltd.
`
`et al., Case No. 2:15-cv-183 (E.D. Tex.)), which involves the same patent at issue
`
`in this proceeding. As counsel for petitioner in that matter, I have been actively
`
`involved in all aspects of petitioner's litigation, including petitioner's factual
`
`investigation and development of its non-infringement and invalidity positions
`
`regarding the claims of the '210 patent being challenged in this proceeding.
`
`12. I declare that all statements made herein of my own knowledge are
`
`true and that all statemerfs made on infonlation and belief are believed to be true;
`
`and further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`
`
`Samsung Exhibit 1018
`rPR2015-0t725
`AFFIDAVIT OF RONALD PABIS
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Date:
`
`to -tÇ- ll
`
`Pabis,
`
`
`
`Motion for Pro Hac Vice Admission of Ronald J. Pabis
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 4th day of November, 2015, a copy of this Motion and
`
`
`
`affidavit has been served in its entirety on the following e-mail address for patent owner:
`
`
`
`
`John R. Kasha
`Kasha Law LLC
`14532 Dufief Mill Rd.
`North Potomac, MD 20878
`john.kasha@kashalaw.com
`
`The Patent Owner has consented to service by email.
`
`Respectfully submitted,
`
`Date: November 4, 2015
`
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`/s/ Heath J. Briggs
`Heath J. Briggs
`Registration No. 54,919
`1200 17th Street, Suite 2400
`Denver, CO 80202
`Phone: (303) 572-6500
`Fax: (303) 572-6540
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