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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`MICROSOFT CORPORATION,
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`Petitioner
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`v.
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`SAINT REGIS MOHAWK TRIBE,
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`Patent Owner
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`_______________________
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`IPR2018-01605
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`Patent No. 7,620,800
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`__________________________
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`PATENT OWNER SAINT REGIS MOHAWK TRIBE’S
`MOTION FOR PRO HAC VICE ADMISSION OF
`CHRISTOPHER L. EVANS UNDER 37 C.F.R. § 42.10(c)
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`I. RELIEF REQUESTED
`Under 37 C.F.R. § 42.10(c), Patent Owner, Saint Regis Mohawk Tribe,
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`respectfully request the pro hac vice admission of Christopher L. Evans in these
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`proceedings.
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`II. GOVERNING LAWS, RULES, AND PRECEDENT
`Section 42.10(c) states as follows:
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`The Board may recognize counsel pro hac vice during
`a proceeding upon a showing of good cause, subject to
`the condition that lead counsel be a registered
`practitioner and to any other conditions as the Board may
`impose. For example, where the 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 showing that counsel is an experienced
`litigating attorney and has an established familiarity with
`the subject matter at issue in the proceeding.
`As stated in the "Order Authorizing Motion for Pro Hac Vice Admission"
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`entered in Case IPR2013-00010 (MPT) (Paper 6) ("Motorola Order"), any motion
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`for pro hac vice admission under 37 C.F.R. § 42.10(c) must be filed “no sooner
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`than (21) days after service of the petition.
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`III. STATEMENT OF FACTS
`Based on the following facts and supported by the Declaration of Christopher
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`Evans (“Evans Decl.”) submitted herewith, Saint Regis Mohawk Tribe requests the
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`pro hac vice admission of Christopher L. Evans in this proceeding.
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`1. Patent Owner Saint Regis Mohawk Tribe’s lead counsel, Alfonso Chan, is a
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`registered practitioner (Reg. No. 45,964).
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`2. Mr. Evans is a partner at the law firm Shore Chan DePumpo LLP. Evans Decl.
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`at ¶ 3.
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`3. Mr. Evans is an experienced litigation attorney who has been litigating patent
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`cases for over nine years. Id.at ¶ 5.
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`4. Mr. Evans is co-lead counsel in concurrently pending district court
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`proceedings involving the same patent: SRC Labs, LLC and Saint Regis Mohawk
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`Tribe v. Amazon Web Services, Inc. et al, No. 2:18-cv-00317 (W.D. Wash.). Id. In his
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`role as co-lead counsel, Mr. Evans has acquired unique and specialized knowledge
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`concerning the ’311 patent, the field of technology to which it pertains, and prior art
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`that is relevant to these proceedings. Id.
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`5. Mr. Evans has been practicing since 2009 and has extensive experience
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`litigating patent infringement cases in many different district courts across the United
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`States. Id. at ¶ 4.
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`6. Mr. Evans has been co-lead counsel in a patent infringement trial and argued
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`multiple Markman hearings and many other patent-related hearings. Id. at ¶ 6.
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`7. Mr. Evans has an established and unique familiarity with tribal sovereign
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`immunity which is a subject matter at issue in this proceeding because he represents
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`the Saint Regis Mohawk Tribe and has represented other sovereign entities, such as
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`the University of Florida Research Foundation, Inc. Id. at ¶ 14-15.
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`8. As a result, Mr. Evans has unique and specialized knowledge concerning the
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`application of tribal sovereign immunity in inter partes review. Id.
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`9. Mr. Evans is a member in good standing of the State Bar of Texas. Id. at ¶ 7.
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`10. Mr. Evans has never been suspended or disbarred from practice before any
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`court or administrative body. Id. at ¶ 8.
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`11. No application of Mr. Evans for admission to practice before any court or
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`administrative body has ever been denied. Id. at ¶ 9.
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`12. No sanctions or contempt citations have ever been imposed against Mr. Evans
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`by any court or administrative body. Id. at ¶ 10.
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`13. Mr. Evans has read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in 37 C.F.R. § 42. Id. at ¶
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`11.
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`14. Mr. Evans understands that he will be subject to the USPTO Code of
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`Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a). Id. at ¶ 12.
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`15. Mr. Evans has applied to appear pro hac vice in one other set of proceedings
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`before the Office in the last three years. Id. at ¶ 13.
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`16. This motion was filed more than 21 days after service of the Petition in this
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`proceeding.
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`IV. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`MR. EVANS IN THIS PROCEEDING
`The Board may recognize counsel pro hac vice during a proceeding upon a
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`showing of good cause, subject to the condition that lead counsel be a registered
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`practitioner and to any other conditions as the Board may impose. 37 C.F.R. §
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`42.10(c). Patent Owner’s lead counsel, Alfonso Chan, is a registered practitioner.
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`Based on the facts contained herein, as supported by Mr. Evans’s Declaration,
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`good cause exists to admit Mr. Evans pro hac vice in this proceeding.
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`Mr. Evans is an experience patent litigator with unique knowledge of the
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`application of the Saint Regis Mohawk Tribe’s tribal sovereign immunity to these
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`proceedings. And tribal sovereign immunity is a jurisdictional issue that must be
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`decided before this case may proceed. In view of Mr. Evans’s extensive knowledge
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`of this subject matter Patent Owner, Saint Regis Mohawk Tribe, has a substantial
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`need for Mr. Evans’s pro hac vice admission and his involvement in the briefing
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`and oral arguments concerning that issue.
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`V. CONCLUSION
`For the foregoing reasons as well as the reasons contained in the attached
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`affidavit, Patent Owner Saint Regis Mohawk Tribe respectfully requests admission
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`of Christopher Evans as counsel pro hac vice in this proceeding.
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`Dated: October 9, 2018
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`Respectfully submitted,
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` /Alfonso Chan/
`Alfonso Chan, Reg. No. 45,964
`achan@shorechan.com
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`SHORE CHAN DEPUMPO LLP
`901 Main Street, Suite 3300
`Dallas, TX 75201
`214-593-9110
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`CERTIFICATE OF SERVICE
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`This is to certify that I caused to be served true and correct copies of Patent
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`Owner Saint Regis Mohawk Tribe’s Motion For Pro Hac Vice Admission of
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`Christopher L. Evans Under 37 C.F.R. § 42.10(c) on October 9, 2018 to the
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`Petitioner at the electronic correspondence address of the Petitioners as follows:
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`Joseph A. Micallef
`jmicallef@sidley.com
`Scott M. Border
`sborder@sidley.com
`SIDLEY AUSTIN LLP
`1501 K Street N.W.
`Washington, DC 20005
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`Jason P. Greenhut
`jgreenhut@sidley.com
`SIDLEY AUSTIN LLP
`1 South Dearborn
`Chicago, IL 60603
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` /Alfonso Chan/
`Alfonso Chan
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