`______________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`
`
`Apple Inc., Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc.,
`Petitioners,
`
`
`
`v.
`
`Rosetta-Wireless Corporation,
`Patent Owner.
`______________
`
`
`
`Case IPR 2016-00616
`Patent 7,149,511
`______________
`
`
`
`PATENT OWNERS’ MOTION FOR PRO HAC VICE ADMISSION
`OF DANIEL A. ZAHEER PURSUANT TO 37 C.F.R. § 42.10(c)
`______________
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PRELIMINARY STATEMENT
`
`Pursuant to 37 C.F.R. § 42.10(c) of the Code of Federal Regulations
`
`(“Federal Regulations”), Patent Owner Rosetta-Wireless Corporation (“Patent
`
`Owner” or “Rosetta”) respectfully requests the pro hac vice admission of Daniel
`
`A. Zaheer as backup counsel for Rosetta in the current proceedings. The
`
`Petitioners LG Electronics U.S.A., Inc. and LG Electronics, Inc. (“Petitioners”)
`
`were consulted regarding this request, and have indicated through counsel that they
`
`would not oppose. A declaration made by Mr. Zaheer in support of this motion is
`
`attached hereto as Exhibit 2002.
`
`I. Statement of Facts
`
`1. Mr. Zaheer is a litigation attorney experienced in patent cases, and is
`
`admitted to practice law in California as well as multiple Federal Courts, including
`
`the following:
`
`a. United States District Court for the Northern District of California
`
`b. United States District Court for the Eastern District of California
`
`c. United States District Court for the Central District of California
`
`d. United States District Court for the Eastern District of Texas
`
`e. United States Court of the Appeals for the Ninth Circuit
`
`f. United States Court of the Appeals for the Federal Circuit
`
`g. United States Supreme Court
`
`1
`
`
`
`
`
`
`
`
`2. Mr. Zaheer has not had any application denied for admission to practice, nor
`
`has he been sanctioned, cited for contempt, suspended or disbarred from practice,
`
`before any court or administrative body.
`
`3. Mr. Zaheer has an established familiarity with the subject matter at issue in
`
`this proceeding, having represented Rosetta in District Court proceedings
`
`involving the same technology (Rosetta-Wireless Corp. v. Apple Inc. et al., Lead
`
`Case No. 15-cv-00799, (N.D. Ill) and Rosetta-Wireless Corp. v. LG Electronics
`
`Co. and LG Electronics USA Inc., No. 15-cv-10608, (N.D. Ill)). Mr. Zaheer has
`
`carefully studied the patent-in-suit, including its prosecution history, and has
`
`conducted many interviews with the inventors regarding their invention, the
`
`prosecution history and the patent. Mr. Zaheer is intimately familiar with the
`
`positions taken by the petitioners and the other defendants in the above litigation,
`
`and has provided counsel to the inventors in connection with litigation involving a
`
`foreign counterpart in the United Kingdom. Mr. Zaheer is an experienced patent
`
`litigator, having litigated numerous patent infringement cases, for both plaintiffs
`
`and defendants, at both the district court and Federal Circuit levels. Mr. Zaheer
`
`has, for example, served as trial and appellate counsel for the Australian national
`
`science agency, Commonwealth Scientific and Industrial Research Organisation,
`
`including in the currently pending CSIRO v. Cisco, Eastern District of Texas Case
`
`No. 6-11-cv-343.
`
`2
`
`
`
`
`
`
`
`
`4. Mr. Zaheer 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.
`
`II. Conclusion
`
`For the reasons stated above, Patent Owner respectfully submits that there is
`
`good cause for the Board to recognize Daniel A. Zaheer pro hac vice during the
`
`proceeding.
`
`
`
`Dated: September 13, 2016
`
`
`KOBRE & KIM
`
`
`
`
`/s/ Daniel A. Zaheer
`Daniel A. Zaheer (Pro Hac Vice Pending)
`Kobre & Kim LLP
`150 California, 19th Floor
`San Francisco, California 94111
`daniel.zaheer@kobrekim.com
` (415) 582-4751
`
`Attorney for Patent Owner Rosetta-
`Wireless Corp.
`
`
`
`
`3
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned certifies that pursuant to 37 C.F.R. § 42.6(e), a copy of the
`
`foregoing PATENT OWNERS’ MOTION FOR PRO HAC VICE ADMISSION
`
`OF DANIEL A. ZAHEER PURSUANT TO 37 C.F.R. § 42.10(c) was served via
`
`email to lead and backup counsel of record for Petitioners as follows:
`
`
`
`Brian A. Tollefson of Rothwell, Figg, Ernst & Manbeck, P.C.
`
`btollefson@rfem.com
`
`
`
`
`KOBRE & KIM
`
`
`
`
`/s/ Daniel A. Zaheer
`Daniel A. Zaheer (Pro Hac Vice Pending)
`Attorney for Patent Owner Rosetta-
`Wireless Corp.
`
`
`
`Dated: September 13, 2016
`
`
`
`
`
`4