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` Date filed: August 25, 2016
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`Filed on behalf of: LG Electronics, Inc. and
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` LG Electronics U.S.A., Inc.
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`By: Brian A. Tollefson, Lead Counsel
`Rothwell, Figg, Ernst & Manbeck, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Email: btollefson@rfem.com
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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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`LG ELECTRONICS U.S.A., INC. and LG ELECTRONICS, INC.,
`Petitioner,
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`v.
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`ROSETTA-WIRELESS CORPORATION,
`Patent Owner.
`_______________
`
`Case IPR2016-01516
`Patent 7,149,511 B1
`_______________
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`PETITIONER’S MOTION FOR ADMISSION
`PRO HAC VICE OF MARK T. RAWLS
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`Case IPR2016-01516
`Patent 7,149,511
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I.
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`Relief Requested
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`Pursuant to 37 C.F.R. § 42.10, Petitioners LG Electronics, Inc. and LG
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`Electronics U.S.A., Inc. (“Petitioner”) requests that the Board admit Mark T.
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`Rawls pro hac vice in this proceeding to serve as back-up counsel.
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`II.
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`
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`Statement of Facts Showing There is Good Cause for the Board to
`Recognize Counsel Pro Hac Vice During the Proceeding
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
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`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. § 42.10(c) indicates that, “where lead counsel is a
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`registered practitioner, a motion to appear pro hac vice may be granted upon a
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`showing that counsel is an experienced litigating attorney and has an established
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`familiarity with the subject matter at issue in the proceeding.” The facts here
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`establish good cause for the Board to recognize Mark T. Rawls pro hac vice during
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`this proceeding, so that he may participate in, inter alia, oral hearings, depositions,
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`and conferences with the Board.
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`1.
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`Lead counsel, Brian A. Tollefson, is a registered practitioner.
`2
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`Case IPR2016-01516
`Patent 7,149,511
`Counsel, Mark T. Rawls, is an experienced litigating attorney and has
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`2.
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`an established familiarity with the subject matter at issue in the proceeding.
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`Accompanying this motion is the Declaration of Mark T. Rawls in Support of
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`Patent Owner’s Motion for Admission Pro Hac Vice (“Rawls Decl.”). Mr. Rawls
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`is a member in good standing of the Bars of the Commonwealth of Virginia and
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`the District of Columbia, admitted to practice in the United States District Court
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`for the Eastern District of Virginia. Rawls Decl., ¶ 2. Mr. Rawls has been
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`litigating patent cases since 2014. Id. at ¶ 3. Prior to that, Mr. Rawls served for
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`two summers as a law clerk working on various patent matters under the
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`supervision of attorneys. Id.
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`3. Mr. Rawls is familiar with the subject matter at issue in this
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`proceeding by virtue of his representing the Petitioner in a lawsuit brought against
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`the Petitioner, Rosetta-Wireless Corp. v. LG Electronics Co. and LG Electronics
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`USA Inc., Case No. 1:15-cv-10608-EEC (N.D. Ill.), involving the patent at issue in
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`this proceeding. Rawls Decl., ¶ 10.
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` 4. Mr. Rawls attests to each of the listed items required by the “Order --
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`Authorizing Motion for Pro Hac Vice Admission in Case IPR2013-00639”
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`referenced in the Notice of Filing Date Accorded to Petition and Time for Filing
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`3
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`Case IPR2016-01516
`Patent 7,149,511
`Patent Owner Preliminary Response, mailed August 19, 2015 (Paper 3). See
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`Rawls Decl., ¶¶ 1-10.
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`5. Mr. Rawls 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, as set forth in Part 42
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`of 37 C.F.R. Rawls Decl., ¶ 7. Mr. Rawls agrees to be subject to the USPTO
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`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a) and to be subject to the
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`USPTO Rules of Professional Conduct as set forth in Changes to Representation of
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`Others Before the United States Patent and Trademark Office; Final Rule, 78 Fed.
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`Reg. 20180 (Apr. 3, 2013) (effective May 3, 2013). Rawls Decl., ¶ 8.
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`III. Conclusion
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`The requirements for admission pro hac vice being hereby established,
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`Petitioners LG Electronics, Inc. and LG Electronics U.S.A., Inc., respectfully
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`requests that the Board admit Mark T. Rawls pro hac vice in this proceeding.
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`Dated: August 25, 2016
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`Respectfully submitted,
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`By: / Brian A. Tollefson /
`Brian A. Tollefson, Reg. No. 46,338
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`Rothwell, Figg, Ernst & Manbeck, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`4
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`
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`Case IPR2016-01516
`Patent 7,149,511
`Email: btollefson@rfem.com
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`Counsel for Petitioners
`LG Electronics, Inc. and
` LG Electronics U.S.A., Inc.
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`5
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`CERTIFICATE OF SERVICE
`I hereby certify that on this 25th day of August, 2016, a true and correct copy
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`of the foregoing PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE
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`OF MARK T. RAWLS was served, via electronic mail upon the following counsel
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`of record for Patent Owner Rosetta-Wireless Corporation:
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`Miranda Y. Jones, Esq.
`Michael F. Heim, Esq.
`Heim, Payne & Chorush, L.L.P.
`600 Travis Street, Suite 6710
`Houston, TX 77002
`Phone: 713-221-2000
`Facsimile: 713-221-2021
`Emails: mjones@hpcllp.com
`mheim@hpcllp.com
`rosettaIPR@hpcllp.com
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`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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