`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`PAPST LICENSING GMBH & CO., KG.,
`Patent Owner.
`_______________
`
`Case IPR2016-01864
`Patent 6,470,399
`_______________
`
`
`
`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 CFR §42.10(c)
`
`
`
`
`
`Patent Owner Papst Licensing GmbH & Co., KG respectfully requests that
`
`the Board recognize Christopher V. Goodpastor, Esq., as counsel pro hac vice
`
`pursuant to 37 CFR §42.10(c).
`
`I.
`
`
`
`STATEMENT OF FACTS
`
`The following statement of facts show that there is good cause for the Board
`
`to recognize Mr. Goodpastor pro hac vice.
`
`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
`
`pro hac vice during a proceeding upon a showing of good cause, subject to the
`
`condition that lead counsel be a registered practitioner and to any other conditions
`
`as the Board may impose. Section 42.10(c) indicates that, “where lead counsel is a
`
`registered practitioner, a motion to appear pro hac vice may be granted upon a
`
`showing that counsel is an experienced litigating attorney and has an established
`
`familiarity with the subject matter at issue in the proceeding.” Patent Owner’s lead
`
`counsel is a registered practitioner.
`
`Furthermore, Mr. Goodpastor is a highly experienced patent litigation
`
`attorney, who has been involved in numerous patent litigations before the federal
`
`district courts. He has experience litigating complex electrical and software related
`
`patents, such as the patent at issue in the instant proceeding.
`
`Mr. Goodpastor has substantial experience with U.S. Patent No. 6,470,399
`
`(“the ’399 patent”). Mr. Goodpastor represents Papst in Papst Licensing GmbH &
`
`
`
`2
`
`
`
`Co. KG v. Apple, Inc., et al., 6:15-cv-01095 (E.D. Tex.) in which the ‘399 Patent
`
`has been asserted. As a result, Mr. Goodpastor has established familiarity with the
`
`subject matter at issue in this proceeding, including substantive knowledge of the
`
`’399 patent, its prosecution history, and related matters.
`
`Counsel for Petitioner does not oppose Mr. Goodpastor appearing pro hac
`
`vice during this proceeding.
`
`II. AFFIDAVIT OR DECLARATION OF INDIVIDUAL SEEKING TO
`APPEAR
`
`
`
`
`
`Patent Owner’s Motion for Pro Hac Vice Admission is accompanied by an
`
`Affidavit of Christopher V. Goodpastor, with accompanying biography, attached
`
`hereto as Exhibit 2005.
`
`
`
`Date: December 18, 2017
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
`
`
`
`/s/ Gregory S. Donahue
`Gregory S. Donahue
`Reg. No. 47,531
`DiNovo Price LLP
`7000 North MoPac Expressway
`Suite 350
`Austin, TX 78731
`Telephone: (512) 539-2625
`Facsimile: (512) 539-2627
`
`Lead Counsel for Patent Owner Papst
`Licensing GMBH & Co., KG
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Michael R. Fleming
`Reg. No. 67,933
`mfleming@irell.com
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`Telephone: (310) 277-1010
`Facsimile: (310) 203-7199
`
`Back-Up Counsel for Patent Owner
`Papst Licensing GMBH & Co., KG
`
`
`
`4
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 18, 2017, a true and correct copy of the
`
`foregoing MOTION FOR PRO HAC VICE APPLICATION was served by
`
`electronic mail upon the following counsel of record for Apple, Inc.:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lori A. Gordon
`Steven W. Peters
`Tyler J. Dutton
`STERNE, KESSLER, GOLDSTEIN & FOX
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`lgordon-ptab@skgf.com
`speters-ptab@skgf.com
`tdutton-ptab@skgf.com
`ptab@skgf.com
`
`/s/ Gregory S. Donahue
`
`Gregory S. Donahue
`Reg. No. 47,531
`DiNovo Price LLP
`7000 North MoPac Expressway
`Suite 350
`Austin, Texas 78731
`
`
`5
`
`
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