`By:
`Justin B. Kimble (JKimble-IPR@bcpc-law.com)
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`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
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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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`K.J. PRETECH CO., LTD.,
`Petitioner,
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`v.
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`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner.
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`Case IPR2015-01868
`U.S. Patent No. 7,434,974
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`PRO HAC VICE MOTION TO ADMIT ATTORNEY
`JEFFREY R. BRAGALONE PURSUANT TO 37 C.F.R. § 42.10(c)
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
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`Case IPR2015-01868
`Patent 7,434,974
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`Patent Owner Innovative Display Technologies LLC (“IDT”) hereby files this
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`motion pursuant to 37 C.F.R. § 42.10(c) for Jeffrey R. Bragalone to appear pro hac
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`vice on its behalf before the Patent Trial and Appeal Board in IPR2015-01868. This
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`motion follows the guidelines set forth in IPR2013-00639, Paper 7, entered October
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`15, 2013.
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`This motion is filed concurrently with nearly identical motions in IPR2015-
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`01866 and -01867, all of which are set for oral argument together on January 10,
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`2017.
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`A. Lead Counsel is a Registered Practitioner.
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`IDT has already designated a registered practitioner, Justin B. Kimble (reg.
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`no. 58,591) as lead counsel, and IDT has also designated Jeffrey R. Bragalone as its
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`back-up counsel, pending the Board granting this motion.
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`B. There is Good Cause for the Board to Recognize Jeffrey R. Bragalone
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`pro hac vice during this proceeding.
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`1. Mr. Bragalone is an experienced litigator.
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`Jeffrey R. Bragalone is an experienced litigator with over 26 years of
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`experience. He has argued three patent cases before the Federal Circuit: (1)
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`Greenliant Sys., Inc. v. Xicor LLC, 692 F.3d 1261 (Fed. Cir. 2012); (2) United Access
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`Technologies, LLC v. Earthlink, Inc., 432 F. App’x 976 (Fed. Cir. 2011); (3) Board
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`of Regents of the University of Texas System v. BenQ America Corp., 533 F.3d 1362
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`Patent 7,434,974
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`(Fed. Cir. 2008); and appeared on brief in a fourth case: (4) Tegic Commc’ns Corp.
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`v. Board of Regents of the University of Texas System, 458 F.3d 1335 (Fed. Cir.
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`2006). In addition to his argument before the Federal Circuit, Mr. Bragalone has
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`represented numerous clients in patent litigation and general litigation as lead
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`counsel in district courts and state courts across the United States. Mr. Bragalone
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`also currently represents plaintiffs in the patent litigation styled Cellular
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`Communications Equipment LLC v. AT&T, Inc. et al., No. 2:15-cv-00576 (E.D.
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`Tex.). Mr. Bragalone has also participated in several oral arguments before the
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`PTAB, including in IPR2014-00785, IPR2014-00824, and IPR2015-00487, the last
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`of which involved a patent from the same family as the patent in this matter.
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`2. Mr. Bragalone has an established familiarity with the subject
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`matter at issue in the proceeding.
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`Mr. Bragalone currently represents IDT in its assertion of U.S. Patent No.
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`7,434,974 and its related patents in numerous cases resolved in the Eastern District
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`of Texas and pending in the District of Delaware. See, e.g., Delaware Display Group
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`LLC et al. v. LG Electronics, Inc. et al., No. 1:13-cv-02109 (D. Del., filed Dec. 31,
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`2013); see also Delaware Display Group LLC et al. v. Vizio Inc., et al., No. 1:13-
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`cv-02112 (D. Del., filed Dec. 31, 2013). As lead counsel in those actions, Mr.
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`Bragalone has familiarized himself with the subject matter at issue in this
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`proceeding, i.e., light emitting panel assemblies. During the course of those lawsuits,
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`Patent 7,434,974
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`Mr. Bragalone has developed invalidity defenses for the patent-at-issue in this
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`petition as well as its related patents, all of which concern light emitting panel
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`assemblies. Furthermore, in those lawsuits Mr. Bragalone has developed
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`infringement allegations that assert the patent-at-issue in this petition against various
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`light emitting panel assemblies, including those found in smart phones, tablets,
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`laptop computers, and televisions to name a few. In his role as the lead counsel in
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`those litigations, Mr. Bragalone has spent significant time learning the technology
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`involved in light emitting panel assemblies such as those found in the patent-at-issue
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`in this proceeding.
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`C. Mr. Bragalone has Submitted Herewith a Declaration1 Attesting the
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`Following Facts.
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`1. Mr. Bragalone is a member in good standing of the Texas State Bar.
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`2. Mr. Bragalone has never been subject to any suspensions or
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`disbarments from practice before any court or administrative body.
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`3.
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`None of Mr. Bragalone’s applications for admission to practice before
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`any court or administrative body has ever been denied.
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`4. Mr. Bragalone has never been sanctioned nor had contempt citations
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`imposed by any court or administrative body.
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`1 See Declaration of Jeffrey R. Bragalone, attached hereto as Exhibit 2010.
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`5. Mr. Bragalone 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
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`part 42 of 37 C.F.R.
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`6. Mr. Bragalone will be subject to the USPTO Rules of Professional
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`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).
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`7.
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`During the past three years, Mr. Bragalone has applied to appear pro
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`hac vice before the PTAB in twenty-five other proceedings, twenty-one
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`of which have been granted, two of which involved IPRs that were
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`joined with those for which my pro hac vice motion had been already
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`granted, and the remainder of which remain pending. Fourteen of the
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`pro hac vice motions involve the same or related patents as this
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`proceeding and also involve the same or similar subject matter:
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`i. IPR2014-01092 (granted);
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`ii. IPR2014-01094 (granted);
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`iii. IPR2014-01095 (granted);
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`iv. IPR2014-01096 (granted);
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`v. IPR2014-01097 (granted);
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`vi. IPR2014-01357 (granted);
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`vii. IPR2014-01359 (granted);
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`viii. IPR2014-01362 (granted);
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`ix. IPR2015-00487 (granted);
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`x. IPR2015-00506 (granted);
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`xi. IPR2015-01666 (joined with IPR2015-00506 above);
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`xii. IPR2015-01717 (joined with IPR2015-00487 above);
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`xiii. IPR2015-01866 (pending, filed concurrently herewith); and
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`xiv. IPR2015-01867 (pending, filed concurrently herewith).
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`The remaining eleven pro hac vice motions involve eleven other
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`IPRs all unrelated to this petition:
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`xv. CBM2014-00166 (granted);
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`xvi. IPR2014-00785 (granted);
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`xvii. IPR2014-00810 (granted);
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`xviii. IPR2014-00824 (granted);
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`xix. IPR2014-00825 (granted);
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`xx. IPR2014-01278 (granted);
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`xxi. IPR2014-01282 (granted);
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`xxii. IPR2014-01283 (granted);
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`xxiii. IPR2015-00153 (granted);
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`xxiv. IPR2015-00155 (granted); and
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`xxv. IPR2015-00156 (granted).
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`Mr. Bragalone has not applied to appear pro hac vice in any other
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`proceeding before the PTAB.
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`8. Mr. Bragalone has familiarity with the subject matter at issue in the
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`proceeding as set forth in Section B.2 above.
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`Dated: December 15, 2016
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`Respectfully submitted,
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`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
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`Case IPR2015-01868
`Patent 7,434,974
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`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that this document has been served via
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`electronic mail on December 15, 2016, to Petitioner at the email addresses:
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`rpluta@mayerbrown.com, bpaul@mayerbrown.com, astreff@mayerbrown.com,
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`and
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`alam@mayerbrown.com,
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`with
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`a
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`courtesy
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`copy
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`to
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`PretechIPR@mayerbrown.com, pursuant to Petitioner’s consent.
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`_____________________________
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
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`8
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