`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`REALTIME ADAPTIVE STREAMING LLC,
`Patent Owner.
`____________________
`
`Case IPR2018-00883
`Patent No. 8,934,535
`____________________
`
`
`
`
`UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE OF
`JAMES A. MILKEY
`
`
`
`
`
`
`
`
`
`
`IPR2018-00883
`UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE OF JAMES A. MILKEY
`
`I.
`
`RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Realtime Adaptive
`
`Streaming (“Realtime”) respectfully requests that the Patent Trial and
`
`Appeal Board admit James A. Milkey pro hac vice in this proceeding. Patent
`
`Owner conferred with counsel for Petitioner, and Petitioner stated that it
`
`does not oppose this motion.
`
`II. GOVERNING LAW, RULES, AND PRECEDENT
`
`
`
`Section 42.10(c) provides that “where 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 a showing that counsel is an
`
`experienced litigating attorney and has established familiarity with the
`
`subject matter at issue in the proceeding.”
`
`III. STATEMENT OF FACTS
`
`
`
`The facts here satisfy § 42.10(c) and demonstrate good cause for the
`
`Board to recognize Mr. Milkey pro hac vice in this proceeding.
`
`
`
`Lead counsel, Joel Stonedale, is a registered practitioner. Counsel,
`
`James A. Milkey, is an experienced patent litigator in good standing with the
`
`California State Bar, admitted to practice before the United States District
`
`Court for the Northern District of California, and has never been suspended,
`
`disbarred, sanctioned, cited for contempt of court, or had a court or
`
`
`
`1
`
`
`
`IPR2018-00883
`UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE OF JAMES A. MILKEY
`
`administrative body deny his application for admission to practice. Ex. 2014
`
`¶¶ 1-5. Mr. Milkey’s declaration includes a list of the proceedings before the
`
`Office in which he has applied to appear pro hac vice in the last three years.
`
`Id. at ¶ 6. Mr. Milkey 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 of the Code of Federal Regulations. Id. at ¶ 7. Mr. Milkey
`
`understands and accepts that he will be subject to the USPTO Rules of
`
`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id. at ¶ 8. Mr. Milkey is
`
`familiar with the subject matter at issue in this proceeding through his
`
`review of the underlying patent, the record, and discussions with Patent
`
`Owner’s counsel. Id. at ¶ 9.
`
`IV. CONCLUSION
`
`
`
`For the foregoing reasons, Patent Owner respectfully requests that the
`
`Board admit James A. Milkey pro hac vice in this proceeding.
`
`
`
`
`
`
`
`2
`
`
`
`IPR2018-00883
`UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE OF JAMES A. MILKEY
`
`Respectfully submitted,
`
`/s/ Joel Stonedale
`
`Joel P.N. Stonedale, Reg. No. 76,924
`Noroozi PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Counsel for Patent Owner
`
`
`Date: January 7, 2019
`
`
`
`
`
`
`3
`
`
`
`IPR2018-00883
`UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE OF JAMES A. MILKEY
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing UNOPPOSED
`
`MOTION FOR ADMISSION PRO HAC VICE OF JAMES A.
`
`MILKEY was served electronically via e-mail on January 7, 2019, on the
`
`following counsel of record for Petitioner:
`
`Lionel Lavenue (Lead Counsel)
`Ashraf Fawzy (Back-up Counsel)
`Jonathan Stroud (Back-up Counsel)
`C. Brandon Rash (Back-up Counsel)
`James Stein (Back-up Counsel)
`Cory Bell (Back-up Counsel)
`Service Email
`
`lionel.lavenue@finnegan.com
`afawzy@unifiedpatents.com
`jonathan@unifiedpatents.com
`brandon.rash@finnegan.com
`james.stein@finnegan.com
`cory.bell@finnegan.com
`UnifiedPatents-IPR2018-
`00883@finnegan.com
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Joel Stonedale
`
`Joel P.N. Stonedale, Reg. No. 76,924
`Noroozi PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Counsel for Patent Owner
`
`
`
`Date: January 7, 2019
`
`
`
`4
`
`