UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE, INC.,
`Petitioner,
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`v.
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`REALTIME DATA LLC,
`Patent Owner.
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`Case IPR2016-01739
`Patent No. 8,880,862
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`PETITIONER’S
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE, INC.,
`Petitioner,
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`v.
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`REALTIME DATA LLC,
`Patent Owner.
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`Case IPR2016-01739
`Patent No. 8,880,862
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`PETITIONER’S
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`Proceeding No.: IPR2016-01739
`Attorney Docket: 39521-0025IP3
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`EXHIBITS
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`APPLE-1001
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`U.S. Patent No. 8,880,862 to Fallon, et al. (“the ’862 Patent”)
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`APPLE-1002
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`Excerpts from the Prosecution History of the ’862 Patent (“the
`Prosecution History”)
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`APPLE-1003
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`Declaration of Dr. Charlie Neuhauser (“Dec.”)
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`APPLE-1004
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`Curriculum Vitae of Dr. Charlie Neuhauser
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`APPLE-1005
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`(RESERVED)
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`APPLE-1006
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`U.S. Patent No. 6,374,353 (“Settsu”)
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`APPLE-1007
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`Burrows et al., “On-line Data Compression in a Log-structured
`File System” (1992) (“Burrows”)
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`APPLE-1008
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`U.S. Patent No. 6,145,069 (“Dye”)
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`APPLE-1009
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`U.S. Patent No. 7,190,284 (“Dye ’284”)
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`APPLE-1010
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`U.S. Patent No. 6,317,818 (“Zwiegincew”)
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`APPLE-1011
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`Jeff Prosise, DOS 6 – The Ultimate Software Bundle?, PC
`MAGAZINE, Apr. 13, 1993 (“Prosise”)
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`APPLE-1012
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`Excerpts from John L. Hennessey & David A. Patterson,
`Computer Architecture a Quantitative Approach (1st ed. 1990)
`(“Hennessey”)
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`APPLE-1013
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`U.S. Patent No. 6,158,000 (“Collins”)
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`APPLE-1014
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`File, Microsoft Press Computer Dictionary (3d ed. 1997)
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`i
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`APPLE-1015
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`APPLE-1016
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`APPLE-1017
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`Proceeding No.: IPR2016-01739
`Attorney Docket: 39521-0025IP3
`Excerpts from Tom Shanley & Don Anderson, PCI System
`Architecture (4th ed. 1999) (“Shanley”)
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`Jacob Ziv & Abraham Lempel, A Universal Algorithm for
`Sequential Data Compression, IT-23 No. 3 IEEE
`TRANSACTIONS ON INFORMATION THEORY 337 (1977)(“Ziv”)
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`James A. Storer & Thomas G. Szymanski, Data Compression
`via Textual Substitution, 19 No. 4 JOURNAL OF THE
`ASSOCIATION FOR COMPUTING MACHINERY (1982)(“Storer”)
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`APPLE-1018
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`Program File, Microsoft Press Computer Dictionary (3d ed.
`1997)
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`APPLE-1019
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`Direct Memory Access, Microsoft Press Computer Dictionary
`(3d ed. 1997)
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`APPLE-1020
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`RAM and RAM Cache, Microsoft Press Computer Dictionary
`(3d ed. 1997)
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`APPLE-1021
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`Decoder, Microsoft Press Computer Dictionary (3d ed. 1997)
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`APPLE-1022
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`(RESERVED)
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`APPLE-1023
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`Excerpts from Kyle Loudon, Mastering Algorithms with C
`(1999) (“Loudon”)
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`APPLE-1024
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`Excerpts from Michael Barr, Programming Embedded Systems
`in C and C++ (1999)(“Barr”)
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`APPLE-1025
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`Excerpts from Eric Pearce, Windows NT in a Nutshell
`(1999)(“Pearce”)
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`APPLE-1026
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`Excerpts from Tim O’Reilly, Troy Mott, and Walter Glenn,
`Windows 98 in a Nutshell (1999)(“O’Reilly”)
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`APPLE-1027
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`(RESERVED)
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`ii
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`Proceeding No.: IPR2016-01739
`Attorney Docket: 39521-0025IP3
`Declaration of Michael Bittner in support of Petitioner’s
`Motion for Pro Hac Vice Admission
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`APPLE-1028
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`iii
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`Proceeding No.: IPR2016-01739
`Attorney Docket: 39521-0025IP3
`Pursuant to 37 C.F.R. § 42.10(c), Petitioner respectfully requests that the
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`Board recognize Michael Bittner as counsel pro hac vice in this proceeding.
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`Petitioner seeks the counsel of Michael Bittner due to his experience in
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`representing Petitioner in other patent-related matters and particularly due to his
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`familiarity with the substantive and technical issues involved in this proceeding.
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`This motion is authorized by the Notice of Filing Date Accorded to Petition and
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`Time for Filing Patent Owner Preliminary Response that was mailed on September
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`16, 2016 (Paper No. 3).
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`Statement of Facts
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`Mr. Bittner is a patent litigation attorney with nine years of experience
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`representing clients in cases involving computer software. Mr. Bittner regularly
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`litigates cases before the Eastern District of Texas and the Northern District of
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`Texas. Through his practice in such cases, Mr. Bittner has gained substantial
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`experience in jury trials, discovery, Markman hearings, and appeals. In addition to
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`his legal experience, Mr. Bittner has a Bachelor of Arts in History and Humanities
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`from the University of Texas. Mr. Bittner’s biography is attached to the
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`Declaration of Michael Bittner in Support of Petitioner’s Motion for Pro Hac Vice
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`Admission as Exhibit A.
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`Mr. Bittner also has particular experience and familiarity with the
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`substantive and technical issues involved in this Inter Partes review proceeding.
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`1
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`Proceeding No.: IPR2016-01739
`Attorney Docket: 39521-0025IP3
`Mr. Bittner has been involved in co-pending patent litigation brought by Patent
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`Owner against Petitioner since its inception in October 2015. Over the past
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`nineteen months, Mr. Bittner has invested substantial time on Petitioner’s behalf on
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`motion practice, discovery, and analysis of the patents-in-suit, including the patent
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`for which review is sought in the instant proceeding. Petitioner has thus invested
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`significant financial resources in this related matter in which Mr. Bittner served as
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`Petitioner’s counsel. Moreover, through his representation in the related matter,
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`Petitioner has developed a particular relationship with Mr. Bittner such that
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`Petitioner desires to continue the relationship with Mr. Bittner for the purpose of
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`this proceeding.
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`Affidavit of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
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`by Mr. Bittner in accordance with the “Order Authorizing Motion for Pro Hac
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`Vice Admission” in Case IPR2013-00639, Paper 7.
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`2
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`Proceeding No.: IPR2016-01739
`Attorney Docket: 39521-0025IP3
`Accordingly, Petitioner submits that there is good cause under 37 C.F.R.
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`§42.10(c) for the Board to recognize Mr. Bittner as counsel pro hac vice during
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`this proceeding.
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`Respectfully submitted,
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`/Jeremy J. Monaldo/
`Jeremy J. Monaldo, Reg. No. 58,680
`Attorney for Petitioner
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`3
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`Date: May 23, 2017
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`Fish & Richardson P.C.
`Telephone: 202-783-5070
`Facsimile: 877-769-7945
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`Proceeding No.: IPR2016-01739
`Attorney Docket: 39521-0025IP3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.6(e)(4)(iii), the undersigned certifies
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`that on May 23, 2017, a complete and entire copy of this Petitioner’s Motion for Pro
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`Hac Vice and Exhibit 1028 were provided via electronic service to the Patent Owner,
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`by serving the correspondence address of record as follows:
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`Joseph F. Edell
`Richard Z. Zhang
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW, Fourth Floor
`Washington, DC 20015
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`Email: Joe.Edell.IPR@fischllp.com
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`Richard.Zhang.IPR@fischllp.com
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
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