Filed: September 4, 2019
`
`Doug G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.:
`(949) 760-0404
`Fax:
`(949) 760-9502
`E-mail: BoxNomadix@knobbe.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`GUEST TEK INTERACTIVE ENTERTAINMENT LTD.,
`Petitioner,
`
`v.
`
`NOMADIX, INC.,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2019-00253
`Patent 8,626,922
`
`
`
`
`
`
`
`
`MOTION FOR PAYSON LEMEILLEUR TO APPEAR
`PRO HAC VICE ON BEHALF OF PATENT OWNER NOMADIX
`
`
`
`
`
`
`
`
`Doug G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.:
`(949) 760-0404
`Fax:
`(949) 760-9502
`E-mail: BoxNomadix@knobbe.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`GUEST TEK INTERACTIVE ENTERTAINMENT LTD.,
`Petitioner,
`
`v.
`
`NOMADIX, INC.,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2019-00253
`Patent 8,626,922
`
`
`
`
`
`
`
`
`MOTION FOR PAYSON LEMEILLEUR TO APPEAR
`PRO HAC VICE ON BEHALF OF PATENT OWNER NOMADIX
`
`
`
`
`
`
`
`
`I. STATEMENT OF THE PRECISE RELIEF REQUESTED
`Pursuant to 37 C.F.R. §§ 42.10(c) and 42.22, Patent Owner Nomadix, Inc.
`
`(“Nomadix”) hereby moves for an Order allowing Payson LeMeilleur of Knobbe
`
`Martens Olson & Bear LLP to appear pro hac vice as additional backup counsel on
`
`behalf of Nomadix in the above-captioned case. On August 15, 2019, the Board
`
`indicated that no authorization was required for this motion.
`
`Patent Owner has conferred with Petitioner concerning the subject matter of
`
`this motion. Petitioner has stated that it does not oppose this motion.
`
`II. LIST OF EXHIBITS RELIED UPON FOR THIS MOTION
`Nomadix Ex. 2002 - Declaration of Payson LeMeilleur in Support of Motion
`
`to Appear Pro Hac Vice on Behalf of Nomadix, Inc.
`
`A. Reasons the requested relief should be granted
`As set forth below in the Statement of Material Facts, Nomadix has made all
`
`of the showings required under 37 C.F.R. § 42.10(c) for recognizing Mr. LeMeilleur
`
`pro hac vice. In particular, Mr. LeMeilleur is an experienced litigating attorney.
`
`Further, Mr. LeMeilleur has an established familiarity with the subject matter at
`
`issue in this proceeding. Accordingly, allowing Mr. LeMeilleur to appear pro hac
`
`vice as additional backup counsel on behalf of Nomadix is appropriate in this
`
`proceeding.
`
`- 1 -
`
`
`
`III. STATEMENT OF MATERIAL FACTS
`37 C.F.R. § 42.10(c) provides that “[t]he Board may recognize counsel
`
`1.
`
`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.”
`
`2.
`
`Lead counsel in this Inter Partes Review proceeding is Douglas G.
`
`Muehlhauser. Mr. Muehlhauser is registered to practice before the United States
`
`Patent and Trademark Office and holds Registration No. 42,018.
`
`3.
`
`As set forth in the attached Nomadix Exhibit 2002 (the “LeMeilleur
`
`Declaration”), Mr. LeMeilleur is an experienced litigating attorney and has an
`
`established familiarity with the subject matter at issue in this proceeding.
`
`LeMeilleur Decl. ¶ 5. Mr. LeMeilleur has previously been admitted before the Board
`
`pro hac vice in Sony Corporation v. One-E-Way, Inc., Case Nos. IPR2016-01638
`
`(Patent 9,282,396 B2) and IPR2016-01639 (Patent 9,282,396 B2). Id. at ¶ 12.
`
`4.
`
`In particular, Mr. LeMeilleur has 20 years of experience as a patent
`
`litigator and has represented clients in numerous patent litigation cases in various
`
`- 2 -
`
`
`
`United States District Courts and in the United States Court of Appeals for the
`
`Federal Circuit. Id. ¶ 2.
`
`5.
`
`Further, Mr. LeMeilleur holds a Bachelor of Science degree in Physics
`
`from the University of Southern California. Id. ¶ 4.
`
`6. Mr. LeMeilleur 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 37
`
`C.F.R. Id. ¶ 10. Mr. LeMeilleur also agrees to be subject to the United States Patent
`
`and Trademark Office 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. ¶ 11.
`
`7.
`
`Finally, Mr. LeMeilleur has attested to the remaining elements of
`
`Paragraph 2(b) of the representative “Order – Authorizing Motion for Pro Hac Vice
`
`Admission” in Case IPR2013-00639, Paper 7. Id. ¶¶ 1-11; see Notice of Filing Date
`
`Accorded to Petition and Time for Filing Patent Owner Preliminary Response (Paper
`
`4) at 2.
`
`IV. CONCLUSION
`In view of the foregoing, and having satisfied the requirements of 37 C.F.R.
`
`§ 42.10(c), Nomadix hereby moves for an Order allowing Payson LeMeilleur of
`
`Knobbe Martens Olson & Bear LLP to appear pro hac vice as additional backup
`
`counsel on behalf of Nomadix in the above-captioned case.
`
`
`
`- 3 -
`
`
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`/Doug Muehlhauser/
`Douglas G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`
`Attorneys for Patent Owner
`NOMADIX, INC.
`
`Customer No. 20995
`(949) 760-0404
`
`Dated: September 4, 2019
`
`
`
`
`
`- 4 -
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e) and with the agreement
`
`of counsel for Petitioner, a true and correct copy of MOTION FOR PAYSON
`
`LEMEILLEUR TO APPEAR PRO HAC VICE ON BEHALF OF PATENT
`
`OWNER NOMADIX is being served electronically on September 4, 2019, to the e-
`
`mail addresses shown below:
`
`Jeffrey W. Lesovitz
`Baker & Hostetler LLP
`jlesovitz@bakerlaw.com
`
`Steven J. Rocci
`Baker & Hostetler LLP
`srocci@bakerlaw.com
`
`Daniel J. Goettle
`Baker & Hostetler LLP
`dgoettle@bakerlaw.com
`
`Guest-TekIPR@bakerlaw.com
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`Dated: September 4, 2019
`
`
`31188726
`
`/Doug Muehlhauser/
`Douglas G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`
`Attorneys for Patent Owner
`NOMADIX, INC.
`
`
`
`- 5 -
`
`
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