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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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`SIRIUS XM RADIO INC.,
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`Petitioner
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`v.
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`FRAUNHOFER-GESELLSCHAFT ZUR FORDERNUNG DER
`ANGEWANDTEN E.V.,
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`Patent Owner
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`___________
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`Case IPR2018-00690
`U.S. Patent No. 6,314,289 B1
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`___________
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`PATENT OWNER’S OPPOSITION TO PETITIONER’S MOTION FOR
`ADMISSION PRO HAC VICE OF MARK BAGHDASSARIAN
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`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`10829913
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`IPR Case No. IPR2018-00690
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` U.S. Patent No. 6,314,289
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`Patent Owner Fraunhofer-Gesellschaft zur Fordernung der Angewandten
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`E.V. (“Patent Owner” or “Fraunhofer”) hereby submits its opposition to Petitioner
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`Sirius XM Radio, Inc.’s (“Petitioner” or “Sirius XM”) April 17, 2020 Motion for
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`Pro Hac Vice Admission of Mark A. Baghdassarian Under 37 C.F.R. § 42.10(c)
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`(Paper 49). Fraunhofer’s opposition is timely, being within one week from the
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`filing of the underlying motion. See Unified Patents, Inc. v. Parallel Iron, LLC,
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`IPR2013-00639, Paper 7 at 3 (Oct. 15, 2013) (“Parties seeking to oppose a motion
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`for pro hac vice admission must file their opposition no later than one week after
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`filing of the underlying motion. No reply to any opposition shall be filed unless
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`authorized by the Board.”).
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`The basis for Patent Owner’s opposition is Petitioner’s unreasonable and
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`unexplained delay in seeking Mr. Baghdassarian’s admission. Petitioner’s pro hac
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`vice motion was not filed until April 17, 2020. Mr. Baghdassarian admits in the
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`affidavit supporting his pro hac vice motion that he has acted as “one of Sirius
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`XM’s lead trial counsel in the co-pending district court litigation” which has been
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`pending for at least three years, the original complaint having been filed in 2017.
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`In its February 22, 2018 Petition in this proceeding, Mr. Baghdassarian is listed as
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`backup counsel with “Pro Hac Vice to be requested.” Pet. at 3. This IPR was
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`instituted by an order of the Board dated August 19, 2019.
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`Thus, Petitioner has inexplicably waited for more than 26 months from the
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`IPR Case No. IPR2018-00690
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`filing of the Petition and more than eight months from institution – after the
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`conclusion of all principal briefing and mere weeks before the currently scheduled
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`date for the final oral hearing – to seek pro hac vice admission of Mr.
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`Baghdassarian. Neither Petitioner’s Motion nor the accompanying Affidavit by Mr.
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`Baghdassarian in support of the Motion provides any justification whatsoever (let
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`alone good cause) for this unreasonably long delay. The Board has previously
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`criticized “unreasonable delay in seeking pro hac vice admission” where the
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`attorney waited “over seven months” to seek admission with “no explanation for
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`this delay.” American Megatrends, Inc. v. Kinglite Holdings, Inc., IPR2015-
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`01079, Paper 49 at 27 (Oct. 27, 2016). The unexplained delay by Petitioner in this
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`case (over 26 months) is significantly worse.
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`Moreover, Petitioner will not be prejudiced in any way by denial of the
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`motion. The Petition lists Jonathan S. Caplan as Lead Counsel and both Jeffrey H.
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`Price and Shannon Hedvat as Backup Counsel for Petitioner. Pet. at 3. All three
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`of these existing counsel are already admitted to practice before the U.S. Patent
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`and Trademark Office, and there is no indication that they cannot fully and ably
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`represent Petitioner in these proceedings.
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`Accordingly, for these reasons, Patent Owner opposes Petitioner’s untimely
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`Motion for Admission Pro Hac Vice of Mark Baghdassarian.
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`IPR Case No. IPR2018-00690
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`Date: April 24, 2020
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`.
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` U.S. Patent No. 6,314,289
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`Respectfully submitted,
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`/Ben J. Yorks/
`Ben J. Yorks (Reg. No. 33,609)
`Babak Redjaian (Reg. No. 42,096)
`David McPhie (Reg. No. 56,412)
`Kamran Vakili (Reg. No. 64,825)
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`Tel: (310) 277-1010
`Fax: (310) 203-7199
`Email: FraunhoferIPRs@irell.com
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`Counsel for Patent Owner
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`IPR Case No. IPR2018-00690
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`CERTIFICATE OF SERVICE
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` U.S. Patent No. 6,314,289
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on April 24,
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`2020, a copy of the foregoing document PATENT OWNER’S OPPOSITION
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`TO PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF
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`MARK BAGHDASSARIAN was served, by electronic mail, as agreed to by the
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`parties, upon the following:
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`KRAMER LEVIN NAFTALIS & FRANKEL LLP
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`Jonathan Caplan (Reg. No. 38,094)
`jcaplan@kramerlevin.com
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`Mark Baghdassarian (pro hac vice)
`mbaghdassarian@kramerlevin.com
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`Jeffrey H. Price (Reg. 69,141)
`jprice@kramerlevin.com
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`Shannon Hedvat (Reg. No. 68,417)
`shedvat@kramerlevin.com
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`/Susan M. Langworthy/
`By:
` Susan M. Langworthy
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`10829913
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