`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`HULU, LLC,
`AMAZON.COM, INC., and
`NETFLIX, INC.,
`Petitioners,
`
`v.
`
`REALTIME ADAPTIVE STREAMING LLC,
`Patent Owner.
`____________________
`
`Case IPR2018-01187
`Patent No. 9,769,477
`____________________
`
`
`MOTION FOR ADMISSION PRO HAC VICE OF
`KAYVAN B. NOROOZI
`
`
`
`
`
`
`
`
`
`
`IPR2018-01187
`MOTION FOR ADMISSION PRO HAC VICE OF KAYVAN B. NOROOZI
`RELIEF REQUESTED
`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Realtime Adaptive
`
`I.
`
`Streaming LLC (“Realtime”) respectfully requests that the Patent Trial and
`
`Appeal Board admit Kayvan B. Noroozi pro hac vice in this proceeding.
`
`Patent Owner has conferred with counsel for Petitioner Netflix, Inc., and
`
`Petitioner does not oppose Realtime’s motion to allow Mr. Noroozi to
`
`appear pro hac vice in this matter.
`
`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. Noroozi pro hac vice in this proceeding.
`
`Lead counsel, William Rothwell, is a registered practitioner. Counsel,
`
`Kayvan B. Noroozi, is an experienced patent litigator in good standing with
`
`the California State Bar, admitted to practice before the United States
`
`District Courts for the Eastern District of Texas and Northern District of
`
`
`
`1
`
`
`
`IPR2018-01187
`MOTION FOR ADMISSION PRO HAC VICE OF KAYVAN B. NOROOZI
`California, and has never been suspended, disbarred, sanctioned, cited for
`
`contempt of court, or had a court or administrative body deny his application
`
`for admission to practice. Ex. 2001 ¶¶ 1-5. Mr. Noroozi’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 ¶ 7. Mr. Noroozi 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 ¶ 11. Mr. Noroozi 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 ¶ 12. Mr. Noroozi has previously represented Realtime Data
`
`LLC, the sole owner of Realtime Adaptive Streaming LLC, in numerous
`
`inter partes review proceedings and has become familiar with the
`
`company’s patent portfolio and the prior art. Id. at ¶ 8. He has also
`
`represented Realtime Adaptive Streaming LLC in IPR2018-00883. Id. Mr.
`
`Noroozi is also familiar with the subject matter at issue in this proceeding
`
`through his review and analysis of the underlying patent, Petition,
`
`Petitioner’s supporting submissions, and prior art of record, his participation
`
`in preparing Patent Owner’s Preliminary Response, and his advice to Patent
`
`Owner regarding the merits of the Petition. Id. at ¶ 9. In addition, Realtime
`
`
`
`2
`
`
`
`IPR2018-01187
`MOTION FOR ADMISSION PRO HAC VICE OF KAYVAN B. NOROOZI
`Adaptive Streaming LLC has selected Mr. Noroozi to serve as its counsel in
`
`this proceeding and presents this motion for pro hac vice on that basis. Id. at.
`
`¶ 10.
`
`IV. CONCLUSION
`For the foregoing reasons, Patent Owner respectfully requests that the
`
`
`
`Board admit Kayvan B. Noroozi pro hac vice in this proceeding.
`
`
`
`
`
`Respectfully submitted,
`
`/s/ William P. Rothwell
`
`William P. Rothwell, Reg. No. 72,522
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Counsel for Patent Owner
`
`
`
`
`Date: October 31, 2018
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-01187
`MOTION FOR ADMISSION PRO HAC VICE OF KAYVAN B. NOROOZI
`
`
`
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing MOTION FOR
`
`ADMISSION PRO HAC VICE OF KAYVAN B. NOROOZI was served
`
`electronically via e-mail on October 31, 2018, on the following counsel of
`
`record for Petitioner Netflix, Inc.:
`
`Harper Batts (Lead Counsel)
`Chris Ponder (Back-up Counsel)
`Jeffrey Liang (Back-up Counsel)
`Service Email
`
`HBatts@sheppardmullin.com
`CPonder@sheppardmullin.com
`JLiang@sheppardmullin.com
`Legaltm-Netflix-Realtime-
`IPRs@sheppardmullin.com
`
`
`Respectfully submitted,
`
`/s/ William P. Rothwell
`
`William P. Rothwell, Reg. No. 72,522
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Counsel for Patent Owner
`
`
`
`Date: October 31, 2018
`
`
`
`
`4
`
`