`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`COMARCO WIRELESS TECHNOLOGIES, INC.,
`Patent Owner.
`___________________
`
`Case No. IPR2015-01879
`Patent No. 8,492,933
`___________________
`
`COMARCO WIRELESS TECHNOLOGIES, INC.’S MOTION
`FOR PRO HAC VICE ADMISSION OF CHARLES QUINN
`
`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`2384985.1
`
`
`
`I.
`
`RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10 and Patent Owner’s request for Authorization to move for
`
`Pro Hac Vice admission filed concurrently herewith, Patent Owner, Comarco Wireless
`
`Technologies, Inc., requests that the Board admit Charles Quinn pro hac vice in this proceeding.
`
`II.
`
`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE BOARD TO
`RECOGNIZE COUNSEL PRO HAC VICE DURING THE PROCEEDING
`
`In accordance with 37 C.F.R. § 42.10(c), 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. § 42.10(c)
`
`indicates that, “where lead counsel is a registered practitioner, a motion to appear pro hac vice
`
`may be granted upon a showing that counsel is an experienced litigating attorney and has an
`
`established familiarity with the subject matter at issue in the proceeding.” The facts here
`
`establish good cause for the Board to recognize Charles Quinn pro hac vice during this
`
`proceeding.
`
`1.
`
`2.
`
`Lead counsel, Ethan R. Fitzpatrick, is a registered practitioner.
`
`Counsel, Charles Quinn, is an experienced litigator and has an established familiarity
`
`with the subject matter at issue in the proceeding. Accompanying this motion is the Declaration
`
`of Charles Quinn in Support of this Motion (“Quinn Dec.”). In his declaration, Mr. Quinn attests
`
`that: “I am a member in good standing of the Bars of the States of New Jersey and New York,
`
`and am admitted to practice before the United States Court of Appeals for the Second, Third,
`
`Ninth, and Federal Circuits, the District of New Jersey, the Southern District of New York, and
`
`Eastern District of New York. I am a member of the New Jersey Intellectual Property Law
`
`Association and New York Intellectual Property Law Association. I have been in private
`
`2384985.1
`
`1
`
`
`
`practice and litigating patent cases since 1983.” Quinn Dec. ¶ 2-4. Mr. Quinn also attests that:
`
`“I am lead counsel in the following proceeding, which is related to and involves the same patent
`
`at issue in this proceeding: Comarco Wireless Technologies, Inc. v. Apple Inc., Case No. 8:15-
`
`cv-00145-AG (C.D. Cal.). Accordingly, I am familiar with the subject matter at issue in this
`
`inter partes proceeding.” Quinn Dec. ¶ 10.
`
`3.
`
`In his declaration, Mr. Quinn also attests to each of the listed items required by 37 C.F.R.
`
`§ 42.10(c). See Quinn Dec. ¶ 1-11.
`
`III. CONCLUSION
`
`For the foregoing reasons, Comarco Wireless Technologies, Inc. respectfully requests
`
`that the Board admit Charles Quinn pro hac vice in this proceeding.
`
`Date: October 1, 2015
`
`Respectfully submitted,
`
`By: /Ethan R. Fitzpatrick/___
` Ethan R. Fitzpatrick
`
`Ethan R. Fitzpatrick (Reg. No. 71,404)
`Lead Counsel
`GRAHAM CURTIN, PA
`4 Headquarters Plaza, P.O. Box 1991
`Morristown, NJ 07962-1991
`Telephone: (973) 292-1700
`Fax: (973) 292-1767
`Attorneys for Patent Owner Comarco
`Wireless Technologies, Inc.
`
`2384985.1
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on October 1, 2015, a copy of
`
`the foregoing document was served, by electronic mail, as agreed to by the parties, upon the
`
`following:
`
`Lead Counsel for Petitioner
`Xin-Yi Zhou (Reg. No. 63,366)
`O’Melveny & Myers LLP
`400 S. Hope Street, Los Angeles, CA 90071
`Email: vzhou@omm.com
`
`Backup Counsel for Petitioner
`Cameron Westin (Reg. No. 66,188)
`Scott Rives (Reg. No. 70,849)
`O’Melveny & Myers LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`Email: cwestin@omm.com and srives@omm.com
`
`Date: October 1, 2015
`
`By: /Ethan R. Fitzpatrick/___
` Ethan R. Fitzpatrick
`
`2384985.1
`
`3
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