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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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`__________
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`JUNIPER NETWORKS, INC., BROCADE COMMUNICATION SYSTEM,
`INC., AND RUCKUS WIRELESS, INC.
`Petitioners,
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`v.
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`MOBILE TELECOMMUNICATIONS TECHNOLOGIES, LLC,
`Patent Owner
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`_________
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`
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`Case IPR2017-00640
`Patent 5,659,891
`___________
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`JUNIPER NETWORKS, INC.’S MOTION FOR PRO HAC VICE
`ADMISSION OF REBECCA L. CARSON UNDER 37 C.F.R. § 42.10(c)
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`10183172
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`Case IPR2017-00640
`Patent 5,659,891
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`RELIEF REQUESTED
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`I.
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`Pursuant to 37 C.F.R. § 42.10(c) and with the Board’s authorization
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`(Paper 5, dated January 30, 2017), Petitioner Juniper Networks, Inc. (“Juniper”),
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`by and through its attorneys, respectfully requests the pro hac vice admission of
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`Rebecca L. Carson in this proceeding.
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`II. GOVERNING LAW, RULES AND PRECEDENT
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`Section 42.10(c) states:
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`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.
`For example, where the lead counsel is a registered
`practitioner, a motion to appear pro hac vice by counsel
`who is not a registered practitioner may be granted upon
`showing that counsel is an experienced litigating attorney
`and has an established familiarity with the subject matter
`at issue in the proceeding.
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`Further, motions for pro hac vice admission must comply with the “Order --
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`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
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`Paper 7 (“Representative Order”). The Representative Order explains that the
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`motion must “[c]ontain a statement of facts showing there is good cause for the
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`Board to recognize counsel pro hac vice during the proceeding” and “[b]e
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`accompanied by an affidavit or declaration of the individual seeking to appear
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`attesting to the following:
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`i. Membership in good standing of the Bar of at least
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`one State or the District of Columbia;
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`ii. No suspensions or disbarments from practice
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`before any court or administrative body;
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`iii. No application for admission to practice before
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`any court or administrative body ever denied;
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`iv. No sanctions or contempt citations imposed by any
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`court or administrative body;
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`v. The individual seeking to appear has read and will
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`comply with the Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trials set
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`forth in part 42 of 37 C.F.R.;
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`vi. The individual will be subject to the USPTO Code
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`of Professional Responsibility set forth in
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`37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a);
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`vii. All other proceedings before the Office for which
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`the individual has applied to appear pro hac vice in
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`the last three (3) years; and
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`viii. Familiarity with the subject matter at issue in the
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`proceeding.”
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`III. STATEMENT OF FACTS SHOWING GOOD CAUSE
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`Based on the following statement of facts, and supported by the Declaration
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`of Rebecca L. Carson (Exhibit 1018), Juniper submits that a showing of good
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`cause has been made and respectfully requests the pro hac vice admission of
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`Rebecca Carson in this proceeding:
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`1.
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`Juniper’s lead counsel, Nima Hefazi, is a registered practitioner (Reg.
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`No. 63,658).
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`2.
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`Rebecca Carson is an experienced litigation attorney and has been
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`litigating patent cases before various district courts for approximately nine and a
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`half years. Ms. Carson has also appeared pro hac vice before the Patent Trial and
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`Appeal Board in connection with IPR2014-00425 and IPR2014-00431.
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`3.
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`Rebecca Carson has an established familiarity with the subject matter
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`at issue in this proceeding. U.S. Patent No. 5,659,891 (“the ’891 patent”) is
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`currently asserted by Patent Owner Mobile Telecommunication Technologies, Ltd.
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`against Juniper in a co-pending litigation (see Ex. 1004). Ms. Carson is currently
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`counsel for Juniper in the co-pending litigation and is deeply involved with issues
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`relating to the '891 patent. This gives Ms. Carson a substantial and established
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`understanding of the underlying legal and technological issues at stake in this
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`proceeding. Juniper has expended significant time and resources with Ms. Carson
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`as counsel in the co-pending litigation, and wishes to continue using her as counsel
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`in this proceeding.
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`IV. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
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`This Motion for pro hac vice admission is accompanied by a Declaration of
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`Rebecca Carson (Exhibit 1018), as the Representative Order requires. In this
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`Declaration, Ms. Carson states her compliance with the general requirements for
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`pro hac vice admission, including that: she is a member in good standing of the
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`State Bar of California and is admitted to practice before the United States District
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`Court in the Central and Northern Districts of California and the United States
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`Court of Appeals for the Ninth and Federal Circuits; she has never been suspended
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`or disbarred from practice before any court or administrative body; no application
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`she has made for admission to practice before any court or administrative body has
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`ever been denied; no sanctions or contempt citations have been imposed against
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`her by any court or administrative body; she has read and agrees to comply with
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`the Office Patent Trial Practice Guide and the Board’s Rules of Practice for Trials
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`set forth in 37 C.F.R. part 42; she understands she will be subject to the USPTO
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`Rules of Professional Conduct 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a).
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`Ms. Carson has appeared pro hac vice before the Patent Trial and Appeal
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`Board in connection with IPR2014-00425 and IPR2014-00431. Carson Decl. ¶ 9.
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`Ms. Carson has not applied to appear pro hac vice in any other proceedings before
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`the United States Patent and Trademark Office in the last three (3) years.1
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`V. GOOD CAUSE EXISTS FOR PRO HAC VICE ADMISSION OF
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`REBECCA CARSON
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`The facts outlined above and contained in the Declaration of Rebecca
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`Carson establish good cause to admit Ms. Carson pro hac vice in this proceeding.
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`Juniper’s lead counsel, Nima Hefazi, is a registered practitioner. Ms. Carson – a
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`patent litigator for approximately nine and a half years – has an established
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`familiarity with the subject matter at issue. She is currently counsel for Juniper in
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`the co-pending litigation concerning the '891 patent, in which a subset of Juniper’s
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`arguments that the '891 Patent is invalid involve the prior art references at issue in
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`Juniper’s Petition for Inter Partes Review.
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`1 Ms. Carson is concurrently applying for pro hac vice admission in
`IPR2017-00642.
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`VI. CONCLUSION
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`In light of the foregoing, Juniper respectfully requests that the Board admit
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`Rebecca Carson pro hac vice in this proceeding.
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`Dated: June 8, 2017
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`Respectfully submitted,
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`IRELL & MANELLA LLP
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`By: /s/ Nima Hefazi
`Nima Hefazi, Reg. No. 63658
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`Jonathan S. Kagan, Pro Hac Vice Pending
`Rebecca L. Carson, Pro Hac Vice Pending
`840 Newport Center Drive, Suite 400
`Newport Beach, CA 92660-6324
`Telephone: (949) 760-0991
`Facsimile: (949) 760-5200
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`Attorneys for Petitioner
`JUNIPER NETWORKS, INC.
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`CERTIFICATE OF SERVICE
`I hereby certify, pursuant to 37 C.F.R. sections 42.6 and 42.105 that a copy
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`of the foregoing JUNIPER NETWORKS, INC.’S MOTION FOR PRO HAC
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`VICE ADMISSION OF REBECCA L. CARSON UNDER 37 C.F.R. § 42.10(c)
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`and Exhibit 1018 are being served via electronic service to:
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`John R. Kasha (Lead Counsel)
`Kelly L. Kasha (Back-up Counsel)
`KASHA LAW LLP
`14532 Dufief Mill Rd.
`North Potomac, MD 20878
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` /Susan M. Langworthy/
` Susan M. Langworthy
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`Dated: June 8, 2017
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`10183172
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