IPR2017-01993
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`APPLE INC.,
`Petitioner
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`v.
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`UNILOC LUXEMBOURG S.A.,
`Patent Owner
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`____________________
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`Case IPR2017-01993
`Patent No. 9,414,199
`____________________
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`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION PURSUANT
`TO 37 C.F.R. §42.10(C)
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`APPLE INC.,
`Petitioner
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`v.
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`UNILOC LUXEMBOURG S.A.,
`Patent Owner
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`____________________
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`Case IPR2017-01993
`Patent No. 9,414,199
`____________________
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`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION PURSUANT
`TO 37 C.F.R. §42.10(C)
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`IPR2017-01993
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`I.
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`INTRODUCTION
`Pursuant to 37 C.F.R. § 42.10(c), Petitioner Apple Inc. (“Petitioner” or
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`“Apple”) respectfully requests that the Board recognize Luann L. Simmons as
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`counsel pro hac vice in this proceeding. Petitioner’s lead counsel in this
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`proceeding is a registered practitioner and, as illustrated below, Ms. Simmons is an
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`experienced litigator with an established familiarity with this proceeding’s subject
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`matter. Thus, there is good cause for the Board to recognize Ms. Simmons pro hac
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`vice in this proceeding.
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`II. TIME FOR FILING
`This Motion for Pro Hac Vice Admission is being filed no sooner than
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`twenty one (21) days after service of the petition. Unified Patents, Inc. v. Parallel
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`Iron, LLC, Case IPR2013-00639, Paper No. 7 (P.T.A.B. Oct. 15, 2013).
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`III. STATEMENT OF FACTS
`This motion is authorized by the Notice of Filing Date Accorded to Petition
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`and Time for Filing Patent Owner Preliminary Response that was mailed on
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`September 12, 2017 (Paper No. 5). Petitioner’s lead and back-up counsel are
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`registered practitioners.
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`Where lead counsel is a registered practitioner, the Board may permit a non-
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`registered practitioner to appear pro hac vice “upon a showing that counsel is an
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`experienced litigating attorney and has established familiarity with the subject
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`matter at issue in the proceeding.” 37 C.F.R. §42.10(c); Unified Patents, Case
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`1
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`IPR2017-01993
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`IPR2013-00639, Paper 7 (setting forth requirements for pro hac vice admission).
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`As set forth in her Declaration submitted herewith (Ex. 1017), Ms. Simmons is an
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`experienced litigator. She is a Partner with O’Melveny & Myers LLP with over 18
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`years of experience representing clients in patent and technology related litigation,
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`including matters involving technology similar to that at issue in this proceeding.
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`Ms. Simmons has litigated patent matters through trial and appeal and has argued
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`complex claim construction and invalidity issues in numerous district court
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`proceedings. Ms. Simmons has also participated in multiple inter partes review
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`proceedings before the Board.
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`Ms. Simmons is familiar with the subject matter of this proceeding. She has
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`been lead counsel for Petitioner in district court litigations involving technology
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`similar to that at issue in this IPR, which relates generally to location-related
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`software systems, such as Streetspace, Inc. v. Apple Inc., Case No. C 11-04574-
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`WHA (N.D. Cal.). She has reviewed and analyzed the patent at issue in this inter
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`partes review, U.S. Patent No. 9,414,199 (“the ’199 Patent”) as well as the prior
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`art at issue in this proceeding.
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`Based on her work for Petitioner in litigations and proceedings involving
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`similar technologies, involvement with the petition in this proceeding, and the
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`other facts detailed in her declaration, Ms. Simmons has significant familiarity
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`with the subject matter in this proceeding. Petitioner wishes to apply Ms.
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`IPR2017-01993
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`Simmons’ knowledge of the patent and litigation experience by employing her as
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`counsel in this proceeding. Because Ms. Simmons is an experienced practitioner
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`with an established familiarity with the subject matter of this proceeding, Petitioner
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`respectfully submits that there is good cause under 37 C.F.R. § 42.10(c) to
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`recognize Ms. Simmons as counsel pro hac vice during this proceeding.
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`IV. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`This motion for Pro Hac Vice Admission is supported by the accompanying
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`Declaration of Luann L. Simmons (Apple Ex. 1017), as required by Unified
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`Patents, Case IPR2013-00639, Paper 7.
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`September 18, 2017
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`Respectfully submitted,
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`/s/ Xin-Yi Zhou
`Xin-Yi Zhou (Reg. No. 63,366)
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`3
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`IPR2017-01993
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`PETITIONER’S UPDATED EXHIBIT LIST
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`U.S. Patent No. 9,414,199 (the “’199 Patent”)
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`Prosecution File History of U.S. Patent No. 9,414,199
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`Declaration of Dr. Gabriel Robins
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`U.S. Patent Publication No. 2010/0082397 (“Blegen”)
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`U.S. Patent Publication No. 2012/0259705 (“Monteverde”)
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`U.S. Patent Publication No. 2012/0226554 (“Schmidt”)
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`U.S. Patent Publication No. 2009/0125321 (“Charlebois”)
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`U.S. Patent Publication No. 2010/0151882 (“Gillies”)
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`U.S. Patent Publication No. 2012/0089465 (“Froloff”)
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`Chawla, Robins, and Zhang, “Object Localization Using
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`1001
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`1002
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`1003
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`1004
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`1005
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`1006
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`1007
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`1008
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`1009
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`1010
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`RFID,” IEEE International Symposium on Wireless Pervasive
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`Computing - ISWPC 2010, Italy, May 2010, pp. 301-306
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`1011
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`Chawla, Robins, and Zhang, “Efficient RFID-Based Mobile
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`Object Localization,” IEEE International Conference on
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`Wireless and Mobile Computing, Networking and
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`Communications, Canada, October, 2010, pp. 683-690
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`1012
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`Chawla and Robins, “An RFID-based object localisation
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`framework,” Int. J. Radio Frequency Identification
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`4
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`IPR2017-01993
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`Technology and Applications, Vol. 3, 2011
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`1013
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`Strang et al., “Location- and Context-Awareness,” First
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`International Workshop on Location- and Context-
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`Awareness, Germany, May 2005
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`1014
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` Hazas et al, “Location- and Context-Awareness,” Second
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`International Workshop on Location- and Context-
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`Awareness, Ireland, May 2006
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`1015
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`Hightower et al., “Location- and Context-Awareness,” Third
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`International Workshop on Location- and Context-
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`Awareness, Ireland, Sep. 2007
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`Curriculum Vitae of Dr. Gabriel Robins
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`Declaration of Luann L. Simmons In Support of Motion for
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`Pro Hac Vice Admission
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`1016
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`1017
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`5
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`IPR2017-01993
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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 18, 2017, I caused a true and
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`correct copy of the foregoing materials:
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`• Petitioner’s Motion For Pro Hac Vice Admission Pursuant To 37
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`C.F.R. §42.10(c), and
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`• Exhibit 1017, Declaration of Luann L. Simmons In Support of
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`Petitioner’s Motion For Pro Hac Vice Admission
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`to be served via electronic mail and Express Mail or an equivalent service on
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`the following attorneys of record per the Patent Owner’s Mandatory Notices and
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`Power of Attorney:
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`Brett Mangrum
`Etheridge Law Group
`2066 E. Southlake Blvd., Ste. 120-324 Southlake, TX 76092
`brett@etheridgelaw.com
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`Sean D. Burdick
`Uniloc USA, Inc.
`7160 Dallas Parkway, Ste. 380 Plano, TX 75024
`searn.burdick@unilocusa.com
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`Ryan Loveless
`Etheridge Law Group
`2066 E. Southlake Blvd., Ste. 120-324 Southlake, TX 76092
`ryan@etheridgelaw.com
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`September 18, 2017
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`/s/ Xin-Yi Zhou
`Xin-Yi Zhou (Reg. No. 63,366)
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`6
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