By: Andrew W. Schultz
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`schultza@pepperlaw.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`ANDREA ELECTRONICS CORPORATION
`Patent Owner.
`___________________
`
`Case No. IPR2017-00627
`U.S. Patent 6,363,345
`___________________
`
`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
`BRADLEY T. LENNIE, ESQ. UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`schultza@pepperlaw.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`ANDREA ELECTRONICS CORPORATION
`Patent Owner.
`___________________
`
`Case No. IPR2017-00627
`U.S. Patent 6,363,345
`___________________
`
`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
`BRADLEY T. LENNIE, ESQ. UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`
`PATENT OWNER’S UPDATED TABLE OF EXHIBITS
`
`
`Previously Filed
`
`IPR2017-00627
`U.S. Patent 6,363,345
`
`
`Exhibit No.
`
`Exhibit Description
`
`2001
`
`2002
`
`2003
`
`2004
`
`2005
`
`
`New
`
`Exhibit No.
`
`Reserved
`
`Declaration of Scott Douglas, Ph.D.
`
`Notice of Initial Determination on Violation of Section 337 from
`Inv. No. 337-TA-1026
`
`Reserved
`
`Bertrand Hochwald Deposition Transcript
`
`Exhibit Description
`
`2006
`
`Affidavit of Bradley T. Lennie, Esq.
`
`
`
`
`
`
`
`
`
`i
`
`
`
`IPR2017-00627
`U.S. Patent 6,363,345
`Pursuant to 37 C.F.R. § 42.10 and the Board’s authorization in the Notice of
`
`Filing Date Accorded mailed February 1, 2017 (Paper No. 5), Andrea Electronics
`
`Corporation (“Patent Owner”) respectfully requests that the Board recognize Mr.
`
`Bradley T. Lennie, Esq., as counsel pro hac vice during this proceeding.
`
`I.
`
`STATEMENT OF FACTS
`
`The following statement of facts, supported by the Affidavit of Bradley T.
`
`Lennie, Esq. (Ex. 2006), demonstrates that there is good cause for the Board to
`
`recognize Mr. Lennie pro hac vice.
`
`As evidenced by the Power of Attorney submitted herewith, Patent Owner
`
`desires to have Mr. Lennie assist in its representation in this proceeding. Patent
`
`Owner’s lead counsel, William D. Belanger, is a registered practitioner (Reg. No.
`
`40,509) and is a partner at the law firm of Pepper Hamilton LLP. Mr. Lennie is
`
`also a partner at Pepper Hamilton LLP and is an experienced intellectual property
`
`litigation attorney. Ex. 2006 at ¶8. In connection with this proceeding, Mr. Lennie
`
`is familiar with the technology described in U.S. Patent No. 6,363,345 (“the ’345
`
`Patent”) due to his involvement on behalf of Patent Owner in the pending
`
`investigation before the United States International Trade Commission (In re
`
`Certain Audio Processing Hardware, Software, and Products Containing the
`
`Same, Inv. No. 337-TA-1026) and in the two pending district court proceedings,
`
`each of which involve the ’345 Patent. Id. Based on his previous experience and
`
`1
`
`
`
`IPR2017-00627
`U.S. Patent 6,363,345
`his study of the particulars of the subject matter raised in the Petition, Mr. Lennie
`
`has acquired a substantial understanding of the underlying legal and technological
`
`issues in the these proceedings. See id.
`
`Mr. Lennie has been involved in numerous patent litigations in the federal
`
`courts and is a member of the bar of the District of Columbia and Maryland,
`
`various United States District Courts, the United States Court of Federal Claims,
`
`and the United States Court of Appeals for the Federal Circuit. Id. at ¶¶1, 8. Mr.
`
`Lennie is a member in good standing in all jurisdictions where he has been
`
`admitted to practice. Id. at ¶1. Mr. Lennie has neither been suspended nor
`
`disbarred from practice before any court or administrative body, nor had an
`
`application denied for admission before any court or administrative body. Id. at
`
`¶¶2, 3. Mr. Lennie has never had any sanctions or contempt citations imposed by
`
`any court or administrative body. Id. at ¶4.
`
`Mr. Lennie has read and agrees to comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of
`
`37 C.F.R. Id. at ¶5. Mr. Lennie understands that he is subject to the USPTO Rules
`
`of Professional Conduct 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a), and affirms that he is subject to the same. Id. at ¶6.
`
`Mr. Lennie is currently seeking pro hac vice admission in the co-pending
`
`proceedings between the same parties to this proceeding, assigned case numbers
`
`2
`
`
`
`IPR2017-00627
`U.S. Patent 6,363,345
`IPR2017- 00626, IPR2017-00628, and IPR2017-00732. Id. at ¶7. In addition, Mr.
`
`Lennie has previously applied to appear pro hac vice before the Office in various
`
`inter partes and ex parte reexaminations and inter partes reviews and was granted
`
`permission to appear in all instances. Id.
`
`Finally, counsel for Petitioner has informed Patent Owner that it does not
`
`oppose Mr. Lennie appearing pro hac vice during this proceeding.
`
`II. CONCLUSION
`The facts outlined above and contained in the Affidavit of Bradley T.
`
`Lennie, Esq. (Ex. 2006) establish that there is good cause to recognize Mr. Lennie
`
`to act as counsel pro hac vice on behalf of Patent Owner in this proceeding.
`
` November 20, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`By: /Andrew W. Schultz/
`Andrew W. Schultz, Reg. No. 66,869
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`Attorney for Patent Owner
`
`Dated:
`
`
`
`
`3
`
`
`
`IPR2017-00627
`U.S. Patent 6,363,345
`
`CERTIFICATE OF SERVICE
`
`
`
` I
`
` hereby certify that on November 20, 2017, a true and accurate copy of this paper,
`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF BRADLEY T. LENNIE,
`ESQ. UNDER 37 C.F.R. § 42.10, and its Exhibit were served on the Petitioner at the
`following email address, pursuant to Petitioner’s consent to e-mail service:
`
`
`iprnotices@sidley.com
`
`
`
` November 20, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated:
`
`
`
`
`
`
`Respectfully submitted,
`By: /Andrew W. Schultz/
`Andrew W. Schultz, Reg. No. 66,869
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`Attorney for Patent Owner
`
`
`
`
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