IPR2017-02041
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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 IPR2017-02041
`Patent No. 8,239,852
`____________________
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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 IPR2017-02041
`Patent No. 8,239,852
`____________________
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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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`IPR2017-02041
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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. 3). 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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`IPR2017-02041
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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. 1015), 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 software security
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`systems, such as OpenTV, Inc. and Nagravision, SA v. Apple Inc., Case No. 3:14-
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`cv-01622-HSG (N.D. Cal.). She has also been counsel pro hac vice for Petitioner
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`in Board proceedings involving similar technologies. She has reviewed and
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`analyzed the patent at issue in this inter partes review, U.S. Patent No. 8,239,852
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`(“the ’852 Patent”) as well as the prior 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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`IPR2017-02041
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`with the subject matter in this proceeding. Petitioner wishes to apply Ms.
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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 (Ex. 1015), as required by Unified Patents, Case
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`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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`IPR2017-02041
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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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`1011
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`PETITIONER’S UPDATED EXHIBIT LIST
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`U.S. Patent No. 8,239,852 (“the ’852 Patent”)
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`Prosecution File History of U.S. Patent No. 8,239,852
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`Declaration of Mr. James Geier
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`International Patent Pub. WO 2007/107905 (“Michiels”)
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`International Patent Pub. WO 2007/001394 (“Eisen”)
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`U.S. Patent Pub. 2002/0004785 (“Schull”)
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`U.S. Patent No. 6,134,659 (“Sprong”)
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`U.S. Patent Pub. 2007/0113090 (“Villela”)
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`U.S. Patent Pub. 2008/0120195 (“Shakkarwar”)
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`U.S. Patent Pub. 2004/0059938 (“Hughes”)
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`Federal Information Processing Standards Publication 180-2,
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`Secure Hash Standard, issued and published by the National
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`Institute of Standards and Technology on August 1, 2002
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`(available at http://csrc.nist.gov/publications/fips/fips180-
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`2/fips180-2.pdf) (“FIPS 180-2”)
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`1012
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`1013
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`1014
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`U.S. Patent No. 5,014,234 (“Edwards”)
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`Curriculum Vitae of Mr. James Geier
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`U.S. Patent No. 6,243,468 (“Pearce”)
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`IPR2017-02041
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`1015
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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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`5
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`IPR2017-02041
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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 1015, 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:
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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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