`Patent No. 7,149,511 B1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA,
`INC., and APPLE INC.,
`Petitioner,
`
`v.
`
`ROSETTA-WIRELESS CORPORATION,
`Patent Owner.
`
`Case IPR2016-006221
`Patent No. 7,149,511 B1
`
`MOTION FOR PRO HAC VICE ADMISSION UNDER
`37 C.F.R. § 42.10
`
`1 Case IPR2016-00616 has been consolidated with this proceeding.
`
`
`
`IPR2016-00622
`Patent No. 7,149,511 B1
`
`Petitioner Apple Inc. (“Petitioner Apple”) files this motion for pro hac
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`vice admission under 37 C.F.R. § 42.10(c), as authorized in the Notice of Filing
`
`Date Accorded to Petition, Paper No. 5. The Board requires that such motions
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`be filed in accordance with the “Order – Authorizing Motion for Pro Hac Vice
`
`Admission” in Case IPR2013-00639, Paper 7 (“Order”).
`
`Petitioner Apple respectfully requests that the Board recognize Mr.
`
`David M. DesRosier as counsel pro hac vice during this proceeding.
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`1.
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`Time for Filing
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`This motion for pro hac vice admission is filed no sooner than twenty-one
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`(21) days after service of the petition, as required by the Order.
`
`2.
`
`Statement of Facts
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`The following statement of facts shows that there is good cause for the
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`Board to recognize Mr. DesRosier pro hac vice.
`
`Mr. DesRosier is an experienced litigation attorney, and has been
`
`involved in numerous litigations involving patent infringement in District
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`Courts across the country. Mr. DesRosier’s biography is attached hereto as
`
`Apple Exhibit 1063.
`
`U.S. Patent No. 7,149,511 is currently asserted in Rosetta-Wireless Corp.
`
`v. Apple Inc.et al., Case No. 1:15-cv-799 (N.D. Ill.) (“the Co-Pending
`
`Litigation”). Mr. DesRosier is counsel for Petitioner Apple in the Co-Pending
`
`1
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`
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`
`
`IPR2016-00622
`Patent No. 7,149,511 B1
`Litigation (currently stayed pending the outcome of these inter partes review
`
`proceedings) and, as such, has an established familiarity with the subject matter
`
`at issue in these inter partes review proceedings. Petitioner Apple wishes to
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`continue using Mr. DesRosier as counsel in this proceeding.
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`Further, counsel for Patent Owner and counsel for the Samsung Petitioners do not
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`oppose Mr. DesRosier appearing pro hac vice during these proceedings.
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`Therefore, Petitioner Apple respectfully submits that there is good cause
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`for the Board to recognize Mr. DesRosier as counsel pro hac vice during these
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`proceedings.
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`3.
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`Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by the
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`declaration of Mr. David M. DesRosier. Apple Exhibit 1062.
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`Dated: September 7, 2016
`
`Respectfully submitted,
`
`/ Brian E. Ferguson /
`Brian E. Ferguson (Reg. No. 36,801)
`Anish R. Desai (Reg. No. 73,760)
`Megan H. Wantland (Reg. No. 64,423)
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7000
`brian.ferguson@weil.com
`anish.desai@weil.com
`megan.wantland@weil.com
`
`2
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`IPR2016-00622
`Patent No. 7,149,511 B1
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on September 7, 2016, the foregoing
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`Motion for Pro Hac Vice Admission Under 37 C.F.R. § 42.10, Apple
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`Exhibits 1062 – 1063, and Petitioners’ Updated Exhibit List were served via
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`electronic mail, upon the following:
`
`Miranda Y. Jones
`Michael F. Heim
`Heim, Payne & Chorush, L.L.P.
`600 Travis Street, Suite 6710
`Houston, TX 77002
`mjones@hpcllp.com
`mheim@hpcllp.com
`rosettaIPR@hpcllp.com
`
`Attorneys for Patent Owner
`Rosetta-Wireless Corporation
`
`/ Timothy J. Andersen /
`Timothy J. Andersen
`IP Case Manager
`Weil, Gotshal & Manges LLP 1300
`Eye Street NW, Suite 900
`Washington, DC 20005
`timothy.andersen@weil.com
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