`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC., HTC CORPORATION, HTC AMERICA, INC., MICROSOFT
`CORPORATION, MICROSOFT MOBILE OY, MICROSOFT MOBILE, INC.,
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA,
`INC., and ZTE (USA) INC.,
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`Petitioner,
`v.
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`EVOLVED WIRELESS, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-012081
`Patent 7,746,916 B2
`____________
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`EVOLVED WIRELESS, LLC’S
`MOTION FOR PRO HAC VICE ADMISSION OF ANDREW D. HEDDEN
`UNDER 37 C.F.R. § 42.10(C)
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`1 IPR2016-01277 has been consolidated with this proceeding.
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`Pursuant to 37 C.F.R. § 42.10(c) and the Notice of Filing Date Accorded to
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`IPR2016-01208
`Patent 7,746,916 B2
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`
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`Petition and Time for Filing Patent Owner Preliminary Response entered in this
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`proceeding, Patent Owner, Evolved Wireless, LLC, respectfully requests pro hac vice
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`admission of Andrew D. Hedden in this proceeding. Patent Owner seeks Mr.
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`Hedden’s assistance because of his experience assisting Patent Owner in its parallel
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`litigation and his familiarity with the substantive and technical issues involved in this
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`proceeding.
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`1. Statement of Facts
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`Patent Owner’s lead counsel in this proceeding, Cyrus A. Morton, is a registered
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`practitioner. Mr. Hedden is an experienced patent litigation attorney, with seven years
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`of experience, including involvement in fact and expert discovery, Markman briefing
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`and hearings, and oral arguments in patent infringement matters before both Federal
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`district courts and the United States Court of Appeals for the Federal Circuit.
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`Mr. Hedden has established familiarity with the subject matter at issue in this
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`proceeding. U.S. Patent No. 7,768,965 is involved in parallel litigations filed by Patent
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`Owner in the United States District Court for the District of Delaware (Civil Action
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`Nos. 15-cv-542-SLR, 15-cv-543-SLR, 15-cv-544-SLR, 15-cv-545-SLR, 15-cv-546-
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`SLR, 15-cv-547-SLR). Robins Kaplan LLP represents Patent Owner in these
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`litigations. Mr. Hedden has appeared as counsel for Patent Owner in these litigations
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`1
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`and is actively involved in all aspects of the district court litigations. Therefore, good
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`IPR2016-01208
`Patent 7,746,916 B2
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`cause exists to admit Mr. Hedden pro hac vice in this proceeding.
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`2. Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by the required
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`Affidavit of Mr. Hedden.
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`Dated: March 15, 2017
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`Respectfully submitted,
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`/s/ Cyrus A. Morton
`Cyrus A. Morton
`Registration No. 44,954
`ROBINS KAPLAN LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402-2015
`(612) 349-8500
`(612) 339-4181 (facsimile)
`cmorton@robinskaplan.com
`
`Attorney for Patent Owner Evolved
`Wireless, LLC
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`2
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`IPR2016-01208
`Patent 7,746,916 B2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on March 15, 2017, the foregoing
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`
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`EVOLVED WIRELESS, LLC’S MOTION FOR PRO HAC VICE ADMISSION
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`OF ANDREW D. HEDDEN UNDER 37 C.F.R. § 42.10(C) was served
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`electronically via email in its entirety on the following counsel of record for the
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`James M. Glass
`jimglass@quinnemanuel.com
`John McKee
`johnmckee@quinnemanuel.com
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`
`Kevin P.B. Johnson
`kevinjohnson@quinnemanuel.com
`Todd M. Briggs
`toddbriggs@quinnemanuel.com
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`555 Twin Dolphin Dr., 5th Floor
`Redwood Shores, CA 94065
`
`Charles M. McMahon
`cmcmahon@mwe.com
`Hersh H. Mehta
`hmehta@mwe.com
`MCDERMOTT WILL & EMERY
`227 W. Monroe
`Chicago, IL 60606
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`3
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`Petitioner:
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`W. Karl Renner
`renner@fr.com
`Roberto J. Devoto
`devoto@fr.com
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55440-1022
`IPR00035-0006IP1@fr.com
`PTABInbound@fr.com
`
`
`Stephen S. Korniczky
`skorniczky@sheppardmullin.com
`Martin Bader
`mbader@sheppardmullin.com
`Ericka J. Schulz
`eschulz@sheppardmullin.com
`SHEPPARD, MULLIN, RICHTER &
`HAMPTON LLP
`12275 El Camino Real, Suite 200
`San Diego, CA 92130
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`IPR2016-01208
`Patent 7,746,916 B2
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`Respectfully submitted,
`
`/s/ Cyrus A. Morton
`Cyrus A. Morton
`Registration No. 44,954
`ROBINS KAPLAN LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402-2015
`
`Attorney for Patent Owner Evolved
`Wireless, LLC
`
`4
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`Dated: March 15, 2017
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`IPR 2016-01208
`U.S. Patent 7,746,916
`
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`DECLARATION OF ANDREW D. HEDDEN IN SUPPORT
`OF MOTION FOR PRO HAC VICE ADMISSION
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`I, Andrew D. Hedden, declare that:
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`1)
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`I am an associate at the law firm of Robins Kaplan LLP and provide this
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`declaration in support of Patent Owner’s Motion for my pro hac vice
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`admission. I have personal knowledge of the matters set forth below, and if
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`called as a witness, I could and would testify competently to these matters.
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`2)
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`I have litigated patent infringement disputes for seven years, including
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`involvement in fact and expert discovery, Markman briefing and hearings,
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`and oral arguments in patent infringement matters before both Federal
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`district courts and the United States Court of Appeals for the Federal
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`Circuit. My work as a patent litigation attorney has been in multiple areas
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`of technology, including the technical areas of electronic device software
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`and hardware.
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`3)
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`4)
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`I am a member in good standing of the State Bar of Minnesota.
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`I have never been suspended or disbarred from practice before any court or
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`administrative body.
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`5) No court or administrative body has ever denied my application for
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`admission to practice before it.
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`
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`Declaration of
`Andrew D. Hedden
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`1
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`IPR 2016-01208
`U.S. Patent 7,746,916
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`6) No court or administrative body has ever imposed sanctions or
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`contempt citations on me.
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`7)
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board's Rules of Practice for Trials set forth in part 42
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`of 37 C.F.R.
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`8)
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`I understand that I will be subject to the Office's 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.P.R. § 11.19(a).
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`9)
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`I have established familiarity with the subject matter at issue in this
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`proceeding. I serve as Patent Owner’s litigation counsel in the parallel
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`litigations currently pending in the U.S. District Court for the District of
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`Delaware in which the same patent is at issue: Evolved Wireless, LLC v.
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`Apple Inc., 1:15-cv-542 (D. Del., filed June 25, 2015); Evolved Wireless,
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`LLC v. HTC Corp. et al, 1:15-cv-543 (D. Del., filed June 25, 2015); Evolved
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`Wireless, LLC v. Lenovo Group Ltd. et al, 1:15-cv-544 (D. Del., filed June
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`25, 2015); Evolved Wireless, LLC v. Samsung Electronics Co., Ltd., et al.,
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`1:15-cv-545 (D. Del., filed June 25, 2015); Evolved Wireless, LLC v. ZTE
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`Corp. et al, 1:15-cv-546 (D. Del., filed June 25, 2015); Evolved Wireless,
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`LLC v. Microsoft Corp., 1:15-cv-547 (D. Del., filed June 25, 2015).
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`Declaration of
`Andrew D. Hedden
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`2
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`IPR 2016-01208
`U.S. Patent 7,746,916
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`Pursuant to 18 U.S.C. § 1001,1 declare under penalty of perjury
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`that the foregoing is true and correct.
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`Dated: March 10,2017
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`Andrew D. Hedden
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`Declaration of
`Andrew D. Hedden
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`