Case IPR2015-01892
`U.S. Patent No. 8,677,494
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SYMANTEC CORP.
`Petitioner
`
`v.
`
`FINJAN, INC.
`Patent Owner
`
`Case: IPR2015-01892
`U.S. Patent No. 8,677,494
`
`SYMANTEC CORPORATION’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF ALEXANDER WALDEN
`
`
`U.S. Patent No. 8,677,494
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SYMANTEC CORP.
`Petitioner
`
`v.
`
`FINJAN, INC.
`Patent Owner
`
`Case: IPR2015-01892
`U.S. Patent No. 8,677,494
`
`SYMANTEC CORPORATION’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF ALEXANDER WALDEN
`
`
`
`Case IPR2015-01892
`U.S. Patent No. 8,677,494
`
`I.
`
`RELIEF REQUESTED
`
`Pursuant
`
`to 37 C.F.R. § 42.10(c), Petitioner Symantec Corporation
`
`(“Symantec”) respectfully requests the expedited pro hac vice admission of
`
`Alexander Walden in this proceeding. Symantec has conferred with Patent Owner
`
`Finjan, Inc. (“Finjan”) and Finjan does not have any objections to Symantec’s
`
`request.
`
`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 Board has stated that motions 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)
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`
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`Case IPR2015-01892
`U.S. Patent No. 8,677,494
`
`(“Motorola Order”). In accordance with the Motorola Order, this motion is being
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`filed no sooner than twenty-one (21) days after service of the petition.
`
`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; and (2) [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 to practice before any
`
`court or administrative body ever denied;
`
`iv.
`
`No sanctions or contempt citations imposed by any
`
`court or administrative body;
`
`v.
`
`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.;
`
`2
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`Case IPR2015-01892
`U.S. Patent No. 8,677,494
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`vi.
`
`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 matter at issue in the proceeding.
`
`III.
`
`STATEMENT OF FACTS
`
`Based on the following facts, and supported by the Affidavit of Alexander
`
`Walden (Symantec 1025) submitted herewith, Symantec requests the expedited pro
`
`hac vice admission of Alexander Walden in this proceeding:
`
`1.
`
`Symantec’s lead counsel, Joseph J. Richetti, is a registered
`
`practitioner (Reg. No. 47,024).
`
`2.
`
`Mr. Walden is an associate at the law firm Bryan Cave LLP.
`
`(Symantec 1025, ¶ 3).
`
`3.
`
`Mr. Walden is an experienced litigating attorney and has
`
`been a litigating attorney for more than six years. (Id.). Mr. Walden
`
`has been litigating patent cases for over five years. (Id.).
`
`4.
`
`Mr. Walden has an established familiarity with the subject
`
`matter at issue in this proceeding. (Id., ¶ 8). Mr. Walden has litigated
`
`3
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`
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`Case IPR2015-01892
`U.S. Patent No. 8,677,494
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`patent cases in the area of electrical engineering, computer science,
`
`and electronic devices since 2009. (Id.). He began representing and
`
`advising Symantec in matters relating to patent strategy in early 2013.
`
`(Id.). Since that time he has become very familiar with U.S. Patent
`
`No. 8,677,494 and with its prosecution file history.
`
`(Id.).
`
`In
`
`particular, Mr. Walden has assisted Symantec in preparing its petition
`
`and other submissions in this proceeding (Id.).
`
`5.
`
`Mr. Walden is a member in good standing of the State Bar of
`
`New York. (Id., ¶ 4).
`
`6.
`
`Mr. Walden has never been suspended or disbarred from
`
`practice before any court or administrative body. (Id.).
`
`7.
`
`No application of Mr. Walden’s for admission to practice
`
`before any court or administrative body has ever been denied. (Id.).
`
`8.
`
`No sanctions or contempt citations have ever been imposed
`
`against Mr. Walden by any court or administrative body. (Id.).
`
`9.
`
`Mr. Walden 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 Code of Federal Regulators. (Id., ¶ 5).
`
`10. Mr. Walden understands that he will be subject to the USPTO
`
`Code of Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et
`
`4
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`Case IPR2015-01892
`U.S. Patent No. 8,677,494
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`seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`(Id., ¶
`
`6).
`
`11. Mr. Walden was admitted pro hac vice in Case IPR2014-00090
`
`on October 30, 2014 (Paper No. 28). Mr. Walden also applied for pro
`
`hac vice admission in Case IPR2014-00088 and, while the Board
`
`stated on a telephone conference it had no objection to the requested
`
`pro hac vice admission, no written Order issued in that proceeding.
`
`Mr. Walden has not otherwise applied to appear in any proceedings
`
`before the Office in the last three (3) years. (Id., ¶ 7).
`
`IV. GOOD CAUSE EXISTS FOR THE EXPEDITED PRO HAC VICE
`ADMISSION OF MR. WALDEN 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). Symantec’s lead counsel, Joseph J. Richetti, is a registered
`
`practitioner. Based on the facts contained herein, as supported by Mr. Walden’s
`
`Affidavit, good cause exists to expeditiously admit Mr. Walden pro hac vice in
`
`this proceeding.
`
`As supported by his Affidavit, Mr. Walden is an experienced litigating
`
`attorney with over five years of patent litigation experience. Mr. Walden also has
`
`5
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`Case IPR2015-01892
`U.S. Patent No. 8,677,494
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`an established familiarity with the subject matter at issue in this proceeding, as he
`
`has been representing and advising Symantec in matters related to patent strategy
`
`since early 2013,
`
`including in connection with Symantec’s Petition for this
`
`proceeding.
`
`In view of Mr. Walden’s extensive knowledge of the precise subject matter
`
`at issue in this proceeding, and in view of his involvement in advising Symantec in
`
`connection with this and other related proceedings, Symantec has a substantial
`
`need for Mr. Walden’s pro hac vice admission and involvement in this proceeding.
`
`In addition, the admission of Mr. Walden pro hac vice will enable Symantec to
`
`avoid unnecessary expense and duplication of work in connection with the
`
`upcoming depositions in this proceeding. See 77 Fed. Reg. 157 (Aug. 14, 2012), at
`
`48661 (Office’s comment on final rule discussing concerns about efficiency and
`
`costs and indicating that the economic impact on the party should be considered in
`
`determining whether to allow counsel to appear pro hac vice).
`
`Given Mr. Walden’s extensive experience with the involved patent and
`
`parties, and Symantec’s desire to be represented by the counsel of its choice, the
`
`need for admission of Mr. Walden substantially outweighs any potential prejudice
`
`to Patent Owner. Moreover, Symantec has conferred with Patent Owner
`
`concerning its request, and Patent Owner has indicated that it does not have any
`
`objections to the pro hac vice admission of Mr. Walden in this proceeding.
`
`6
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`Case IPR2015-01892
`U.S. Patent No. 8,677,494
`
`V.
`
`CONCLUSION
`
`For the foregoing reasons, Symantec respectfully requests that Mr. Walden
`
`be expeditiously admitted pro hac vice in this proceeding.
`
`The Patent Trial and Appeal Board is hereby authorized to charge any fees
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`associated with this filing to Deposit Account 02-4467.
`
`Date: April 19, 2016
`
`Respectfully submitted,
`
`By: /Joseph J. Richetti/
`Joseph J. Richetti (Reg. No. 47,024)
`BRYAN CAVE LLP
`1290 Avenue of the Americas
`New York, NY 10104
`General Tel: (212) 541-2000
`Direct Tel: (212) 541-1092
`Fax: (212) 541-4630
`Email: joe.richetti@bryancave.com
`
`Attorney for Petitioner– Symantec
`Corporation
`
`7
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`
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`Case IPR2015-01892
`U.S. Patent No. 8,677,494
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies
`
`that
`
`the
`
`foregoing SYMANTEC
`
`CORPORATION’S UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`
`OF ALEXANDER WALDEN was served electronically via e-mail on April 19,
`
`2016, in its entirety on the following:
`
`James Hannah
`KRAMER LEVIN NAFTALIS &
`FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`jhannah@kramerlevin.com
`
`Michael Kim
`Finjan, Inc.
`2000 University Ave., Ste. 600
`E. Palo Alto, CA 94303
`mkim@finjan.com
`
`Jeffrey H. Price
`KRAMER LEVIN NAFTALIS &
`FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`jprice@kramerlevin.com
`
`Date: April 19, 2016
`
`Respectfully submitted,
`
`By: /Joseph J. Richetti, Reg. No. 47024/
`Joseph J. Richetti (Reg. No. 47,024)
`BRYAN CAVE LLP
`1290 Avenue of the Americas
`New York, NY 10104
`General Tel: (212) 541-2000
`Direct Tel: (212) 541-1092
`Fax: (212) 541-4630
`Email: joe.richetti@bryancave.com
`
`Attorney for Petitioner– Symantec
`Corporation
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