UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`UNIFIED PATENTS INC.,
`Petitioner
`
`v.
`
`PLECTRUM LLC
`Patent Owner
`
`
`Case: IPR2017-01430
`Patent 5,978,951
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE
`
`ADMISSION OF C. RYAN PINCKNEY UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`UNIFIED PATENTS INC.,
`Petitioner
`
`v.
`
`PLECTRUM LLC
`Patent Owner
`
`
`Case: IPR2017-01430
`Patent 5,978,951
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE
`
`ADMISSION OF C. RYAN PINCKNEY UNDER 37 C.F.R. § 42.10(c)
`
`
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Plectrum LLC respectfully
`
`requests that the Board recognize C. Ryan Pinckney as counsel pro hac vice in this
`
`proceeding. Patent Owner seeks the counsel of Mr. Pinckney due to his relevant
`
`expertise in the subject matter and particularly due to his familiarity with the
`
`substantive and technical issues involved in this proceeding. The motion is
`
`authorized by the May 25, 2017 Notice of Filing Date Accorded to Petition and
`
`Time for Filing Patent Owner Preliminary Response.
`
`Counsel for Patent Owner has conferred with Counsel for Petitioner on this
`
`Motion. Petitioner does not oppose this Motion.
`
`STATEMENT OF FACTS
`Based on the following facts, and supported by the Affidavit of Mr.
`
`Pinckney (Ex. 2006) submitted herewith, Patent Owner requests the pro hac vice
`
`admission of Mr. Pinckney in this proceeding:
`
`1.
`
`Patent Owner’s lead counsel in IPR2017-01430 Zachariah S.
`
`Harrington is a registered practitioner (Reg. No. 44,742).
`
`2. Mr. Pinckney holds the position of counsel at the law firm Antonelli,
`
`Harrington, & Thompson. Ex. 2006 at ¶ 3.
`
`3. Mr. Pinckney is an experienced litigating attorney. Mr. Pinckney has
`
`been a litigating attorney for more than eleven years. Id. at ¶ 4. Mr. Pinckney has
`
`been litigating patent cases for more than eleven years. Id.
`
`
`
`4. Mr. Pinckney has an established familiarity with the subject matter at
`
`issue in this proceeding.
`
`5. Mr. Pinckney is a member in good standing in the bar of Texas and
`
`the U.S. District Court for the Eastern District of Texas. Id. at ¶ 5.
`
`6. Mr. Pinckney has never been suspended or disbarred from practice
`
`before any court or administrative body. Id.
`
`7.
`
`No application of Mr. Pinckney for admission to practice before any
`
`court or administrative body has ever been denied. Id. at ¶ 6.
`
`8.
`
`No sanctions or contempt citations have ever been imposed against
`
`Mr. Pinckney by any court or administrative body. Id. at ¶ 7.
`
`9. Mr. Pinckney 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
`
`Title 37, Code of Federal Regulations. Id. at ¶ 8.
`
`10. Mr. Pinckney understands that he will be subject to the USPTO Code
`
`of Professional Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id. at ¶ 9.
`
`11. Mr. Pinckney has applied to appear pro hac vice in four other
`
`proceedings before the Office in the last three (3) years. Id. at ¶ 10. Specifically,
`
`he applied for and was granted admission pro hac vice in four IPR proceedings
`
`captioned St. Jude Medical, LLC v. Snyders Heart Valve LLC: IPR2018-00105,
`
`
`
`IPR2018-00106, IPR2018-00107, and IPR2018-00109.
`
`This motion was filed no sooner than 21 days after service of the Petition in
`
`this proceeding, which occurred on May 15, 2017.
`
`REASONS FOR RELIEF REQUESTED
`Good cause exists for the pro hac vice admission of Mr. Pinckney in this
`
`proceeding.
`
`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. 37 C.F.R. §
`
`42.10(c). Patent Owner Plectrum LLC’s (“Plectrum”) lead counsel, Zachariah S.
`
`Harrington, is a registered practitioner. Based on the facts contained herein, as
`
`supported by Mr. Pinckney’s Affidavit (Ex. 2006), good cause exists to admit Mr.
`
`Pinckney pro hac vice in this proceeding.
`
`As supported by his affidavit, Mr. Pinckney is an experienced litigating
`
`attorney with over eleven years of patent litigation experience. Mr. Pinckney also
`
`has an established familiarity with the subject matter at issue in this proceeding.
`
`In a related matter involving the ‘951 Patent, Mr. Pinckney represented
`
`Patent Owner Plectrum in a litigation previously pending in the Eastern District of
`
`Texas. See Plectrum LLC v. AT&T Inc. et al., No. 4:17-cv-00120. As a result, he
`
`has reviewed the ‘951 Patent, its relevant file history, the prior art (including the
`
`
`
`prior art at issue in this Inter Partes Review proceeding), and has familiarity with
`
`the claim construction issues pertaining to the ‘951 Patent. Additionally, he has
`
`served an essential role in this Inter Partes Review proceeding, including working
`
`with the present Lead and Backup Counsel to prepare the Preliminary Response
`
`and the Response. Therefore, he has a detailed understanding of the ‘951 Patent
`
`and the substantive and technical issues involved in this proceeding.
`
`Patent Owner therefore respectfully requests that the Board admit Mr.
`
`Pinckney pro hac vice in this proceeding.
`
`
`Dated: July 17, 2018
`
`
`Respectfully submitted,
`
`/s/ Zachariah S. Harrington
`Zachariah S. Harrington (Reg. No. 44,742)
`ANTONELLI, HARRINGTON &
`THOMPSON LLP
`4306 Yoakum Blvd., Ste. 450
`Houston, TX 77006
`Phone: (713) 581-3000
`Email: zac@ahtlawfirm.com
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned herby certifies that a copy of the foregoing PATENT
`
`OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF C.
`
`RYAN PINCKNEY UNDER 37 C.F.R. § 42.10(c) was served on July 17, 2018, by
`
`delivering a copy via electronic mail to the attorneys of record for Petitioners as
`
`follows:
`
`David L. Cavanaugh
`David.Cavanaugh@wilmerhale.com
`
`Roshan Mansinghani
`roshan@unifiedpatents.com
`
`Jonathan Stroud
`jonathan@unifiedpatents.com
`
`Daniel V. Williams
`Daniel.Williams@wilmerhale.com
`
`Matthew J. Leary
`Matthew.Leary@wilmerhale.com
`
`Ashraf Fawzy
`afawzy@unifiedpatents.com
`
`Dated: July 17, 2018
`
`
`
`
`
`/s/ Zachariah S. Harrington
`Zachariah S. Harrington (Reg. No. 44,742)
`ANTONELLI, HARRINGTON &
`THOMPSON LLP
`4306 Yoakum Blvd., Ste. 450
`Houston, TX 77006
`Phone: (713) 581-3000
`Email: matt@ahtlawfirm.com
`
`
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