Case No. IPR2015-01935
`Patent No. 8,096,869
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`Paper No. 8
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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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`HIGH 5 GAMES, LLC
`Petitioner,
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`v.
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`KONAMI GAMING, INC.
`Patent Owner.
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`___________________________
`
`Case No. IPR2015-01935
`Patent No. 8,096,869
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`________________________________________________________________
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`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`Patent No. 8,096,869
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`Paper No. 8
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`HIGH 5 GAMES, LLC
`Petitioner,
`
`v.
`
`KONAMI GAMING, INC.
`Patent Owner.
`
`___________________________
`
`Case No. IPR2015-01935
`Patent No. 8,096,869
`
`
`________________________________________________________________
`
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`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`I.
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`RELIEF REQUESTED
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`Petitioner respectfully requests that the Board recognize Christopher B. Hadley
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`as counsel pro hac vice during this proceeding.
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`II. GOVERNING LAW, RULES, AND PRECEDENT
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`Section 42.10(c) states as follows:
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`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.
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`The Board has stated that motions for pro hac vice admission under 37 C.F.R.
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`§ 42.10(c) must be filed in accordance with the “Order – Authorizing Motion for Pro
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`Hac Vice Admission” entered in Case IPR2013-00639, Paper No. 7 (“Unified Patents
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`Order”). In accordance with the Unified Patents Order and the Order Authorizing
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`Motion for Pro Hac Vice in this proceeding (Paper No. 4), this motion is being filed
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`no sooner than twenty-one (21) days after service of the petition.
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`The Unified Patents Order requires that such motions (1) “[c]ontain a
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`statement of facts showing there is good cause for the Board to recognize counsel pro
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`hac vice during the proceeding;” and (2) “[b]e accompanied by an affidavit or
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`declaration of the individual seeking to appear attesting to the following”:
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`i.
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`ii.
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`iii.
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`iv.
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`membership in good standing of the Bar of at least one State
`or the District of Columbia;
`no suspensions or disbarments from practice before any court
`or administrative body;
`no application for admission to practice before any court or
`administrative body ever denied;
`no sanctions or contempt citations imposed by any court or
`administrative body;
`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 37 C.F.R.;
`the individual will be subject to the USPTO Rules of
`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq.
`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a);
`all other proceedings before the Office for which the
`individual has applied to appear pro hac vice in the last three (3)
`years; and
`familiarity with the subject matter at issue in the proceeding.
`viii.
`III. STATEMENT OF FACTS
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`v.
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`vi.
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`vii.
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`As required by the Order Authorizing Motion for Pro Hac Vice (Paper No. 4),
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`the following statement of facts show that there is good cause for the Board to
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`recognize Mr. Hadley pro hac vice. These facts, supported by the attached Declaration
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`of Christopher B. Hadley in Support of Motion for Pro Hac Vice Admission (Exhibit 1
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`(“Hadley Decl.”)), establish the required good cause.
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`1.
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`Petitioners’ lead counsel, Robert C. Ryan, is a registered practitioner
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`(Reg. No. 29,343), has been actively practicing before the USPTO since achieving
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`registration in 1979, and has had substantial participating roles in more than twenty
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`USPTO appeals and reexamination proceedings. (Exhibit 2 (“Ryan Decl.”) at ¶¶ 1-2).
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`While Mr. Ryan is the lead attorney for Petitioner in this matter, Mr. Hadley has been
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`intimately involved in preparing the Petition and its supporting documents, and
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`Mr. Ryan plans on having Mr. Hadley similarly involved going forward in this matter.
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`(Id. at ¶ 3). It would be helpful to have Mr. Hadley admitted in this matter and
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`available to communicate with the Board and USPTO regarding this matter. (Id. at ¶
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`4).
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`2. Mr. Hadley is an experienced litigation attorney. Mr. Hadley has been a
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`litigating attorney for 6 years and a litigation law clerk for nearly 3 years before
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`admission to a bar. (Hadley Decl. at ¶ 1). During that time, Mr. Hadley has been
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`principally litigating patent cases. (Id.). Mr. Hadley has litigated or participated in
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`patent cases
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`involving a wide range of
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`technologies from software and
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`semiconductors to medical devices and firearms before the various federal district
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`courts, the International Trade Commission and the U.S. Court of Appeals for the
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`Federal Circuit. (Id.).
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`3. Mr. Hadley is a member in good standing of the State Bar of Utah, as
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`well as the Commonwealth of Massachusetts, the U.S. District Court for the
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`Commonwealth of Massachusetts, and the U.S. District Court for the Central District
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`of Utah. (Id. at ¶ 2).
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`4. Mr. Hadley has not been suspended or disbarred from practice before
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`any court or administrative body. (Id. at ¶ 3).
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`5. Mr. Hadley has never had an application for admission to practice before
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`any court or administrative body denied. (Id. at ¶ 4).
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`6.
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`No sanctions or contempt citations have been imposed against
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`Mr. Hadley by any court or administrative body, and no such motions or requests
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`have ever been sought against Mr. Hadley. (Id. at ¶ 5).
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`7. Mr. Hadley 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 part 42 of 37
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`C.F.R. (Id. at ¶ 6).
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`8. Mr. Hadley has read and understands that he is subject to the USPTO
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`Rules of Professional Conduct set forth in in 37 C.F.R. §§ 11.101 et. seq., and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). (Id. at ¶ 7).
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`9. Mr. Hadley has applied to appear pro hac vice before the Office in Case
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`IPR2015-01112, AGS, LLC, IN BET GAMING, INC. and IN BET, LLC, v.
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`GALAXY GAMING, INC. This case was instituted on November 6, 2015. Mr.
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`Hadley applied to appear in IPR2015-01112 on June 6, 2015, and his application is
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`currently pending. (Id. at ¶ 8).
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`10. Mr. Hadley has substantial experience with U.S. Patent No. 8,096,869
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`(the “‘869 Patent”), the patent at issue in this proceeding, and the subject matter
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`related to the ‘869 Patent. (Id. at ¶ 9-10). Mr. Hadley is counsel in the district court
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`action between Petitioner High 5 Games, LLC and Patent Owner Konami Gaming,
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`Inc., in Konami Gaming, Inc. v. PTT, LLC d/b/a High 5 Games, Case No. 2:14-cv-01483-
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`RFB-NJK (USDC Nevada), which also involves the ‘869 Patent. (Id. at ¶ 9). Mr.
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`Hadley has been actively involved in all aspects of the district court case, including the
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`issue of invalidity of the ‘869 Patent. (Id.). Mr. Hadley is admitted pro hac vice in the
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`District of Nevada for purposes of the district court proceedings. (Id.). Mr. Hadley
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`has established extensive familiarity with the ‘869 Patent, its file history, and the prior
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`art at issue through preparation of the inter partes petition including factual research,
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`prior art searching, drafting the invalidity claim charts, interfacing with the Petitioner’s
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`expert (William Bertram), and providing his expertise in developing the Petition and
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`related documents, among other activities. (Id. at ¶ 9-10).
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`11.
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`Patent Owner Konami Gaming, Inc., has indicated that this Motion will
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`not be opposed.
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`V.
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`ANALYSIS
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`The facts contained in the Statement of Facts above, and supported by the
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`Declarations of Robert C. Ryan and Christopher B. Hadley attached hereto, establish
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`that there is good cause to admit Mr. Hadley pro hac vice in this proceeding pursuant to
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`37 C.F.R. §42.10. Lead counsel is a registered practitioner, Mr. Hadley is an
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`experienced litigation attorney, and Mr. Hadley has established familiarity with the
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`subject matter at issue in this proceeding. The Petitioners and Messers. Ryan and
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`Hadley therefore believe that it would be helpful to have Mr. Hadley admitted and
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`available to communicate with the Board and USPTO in this matter.
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`VI. CONCLUSION
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`For the foregoing reasons, Petitioner respectfully requests that the Board admit
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`Christopher B. Hadley pro hac vice in this proceeding.
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`Respectfully submitted,
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`/Robert C. Ryan/
`Robert C. Ryan
`Registration No. 29,343
`Counsel for Petitioners
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`HOLLAND & HART LLP
`5441 Kietzke Lane, Second Floor
`Reno, Nevada 89511
`Tel.: (775) 327-3000
`Fax: (775) 786-6179
`rcryan@hollandhart.com
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`DATED: January 6, 2016
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`CERTIFICATE OF SERVICE
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`I hereby certify, pursuant to 37 C.F.R section 42.6, that a complete copy of the
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`attached PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
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`ADMISSION, including all exhibits and related documents, is being served via UPS
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`Overnight Mail on the 6th day of January, 2016, the same day as the filing of the
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`above-identified document in the United States Patent and Trademark Office/Patent
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`Trial and Appeal Board, upon the attorneys of record for the patent owner:
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`Kristopher K. Hulliberger
`USPTO Registration No. 53,047
`HOWARD & HOWARD ATTORNEYS PLLC
`450 W. Fourth Street
`Royal Oak, MI 48067
`Tel: 248 723-1483
`Fax: 248 645-1568
`KKH@h2law.com
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`James R. Yee
`USPTO Registration No. 34,460
`HOWARD & HOWARD ATTORNEYS PLLC
`3800 Howard Hughes #1000
`Las Vegas, NV 86169
`Tel: 702 667-4802
`Fax: 702 567-1568
`JRY@h2law.com
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`Christopher J. Worrel
`USPTO Registration No. 70,213
`HOWARD & HOWARD ATTORNEYS PLLC
`450 W. Fourth Street
`Royal Oak, MI 48067
`Tel: 248 723-1483
`Fax: 248 645-1568
`CJW@h2law.com
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`/Robert C. Ryan/
`Robert C. Ryan
`HOLLAND & HART LLP
`5441 Kietzke Lane, Second Floor
`Reno, NV 89511
`Tel.: (775) 327-3000
`Fax: (775) 786-6179
`rcryan@hollandhart.com
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