`Paper No. 6
`Filed: Mar. 26, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`
`APPLE, INC.,
`
`Petitioner
`
`v.
`
`UUSI, LLC dba NARTRON
`
`Patent Owner
`
`____________________
`
`
`Cases IPR2019-00355; IPR2019-00356; IPR2019-00357; IPR2019-
`00358; IPR2019-00359; and IPR2019-00360
`
`Patent No. 5,796,183
`
`____________________
`
`
`PATENT OWNER'S MOTION FOR
`PRO HAC VICE ADMISSION OF LAWRENCE M. HADLEY
`
`1579445
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`2909009
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`Case IPR2019-00359
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`Patent No. 5,796,183
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`EXHIBITS
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`Exhibit Description
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`Declaration of Lawrence M. Hadley in support of patent owner’s
`
`EX. #
`
`UUSIZOO l
`
`motion for pro hac vice admission
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`2909009
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`Case IPR2019-00359
`Patent No. 5,796,183
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`Patent Owner UUSI, LLC d/b/a/ Nartron (“UUSI” or “Patent Owner”)
`respectfully requests that the Board recognize and admit Lawrence M. Hadley as
`counsel pro hac vice to represent UUSI during the above-captioned proceeding.
`This motion is authorized by the Notice of Filing Date that was mailed on February
`5, 2019. The bases and support for UUSI’s requests are as follows.
`I.
`TIMING OF UUSI'S REQUEST.
`UUSI’s motion is being filed no sooner than twenty-one (21) days after the
`service of the petition.
`II. GOOD CAUSE BASIS FOR UUSI'S REQUEST.
`The Board may recognize counsel pro hac vice during a proceeding upon a
`showing of good cause, subject to the condition that lead counsel is a registered
`practitioner and a declaration of the party seeking admission is included with the
`Request. 37 C.F.R. § 42.10(c). Good cause has been shown where, for example,
`the attorney for which pro hac vice admission is sought is an experienced patent
`litigator and has a familiarity with the subject matter at issue in the proceeding, and
`the admission of the party’s counsel will facilitate the party’s ability to effectively
`participate in the proceeding. UUSI respectfully submits that all of these conditions
`have been met here.
`UUSI’s lead counsel, Joseph A. Rhoa, is a registered practitioner. See
`Exhibit 2001, Declaration of Lawrence M. Hadley in Support of Motion for
`Admission Pro Hac Vice (“Hadley Decl.”), at ¶ 14.
`As demonstrated by his declaration, Mr. Hadley is an experienced litigator
`who has litigated patent infringement cases for various parties in federal district
`courts throughout the United States, the U.S. Court of Appeals for the Federal
`Circuit, and the International Trade Commission. Id. at ¶ 5. His legal career spans
`over twenty-five (25) years. See id. at ¶ 3. Mr. Hadley has extensive experience in
`
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`litigating patent infringement cases, and has served as lead counsel in numerous
`patent infringement cases. Id. at ¶ 5.
`Mr. Hadley is familiar with the subject matter of this proceeding. He is lead
`trial counsel for UUSI in the underlying district court action against Apple
`involving U.S. Pat. No. 5,796,183 (the “’183 Patent”), UUSI, LLC, d/b/a Nartron
`v. Apple Inc., Civ. Action No. 18-cv-04637- JD (N.D. Cal.). Id. at ¶ 6.
`Additionally, Mr. Hadley is lead trial counsel for UUSI in a district court action
`against Samsung involving the ’183 Patent, UUSI, LLC, d/b/a Nartron v. Samsung
`Electronics Co., Ltd., Civ. Action No. 1:15-cv-00146-JTN (W.D. Mich.). Id.
`Finally, Mr. Hadley is lead appellate counsel for UUSI in Samsung’s Federal
`Circuit appeal of the recently-concluded IPR filed by Samsung, which found that
`Samsung had not met its burden of proving the challenged claims of the ’183
`patent invalid as obvious. Samsung v. UUSI, LLC d/b/a/ Nartron, AIA Review
`No. IPR2016- 00908, Final Written Decision dated Oct. 18, 2017, appealed in
`Samsung Electronics Co., Ltd. v. UUSI, LLC, No. 2018-1310, pending at the
`Federal Circuit. Id.
`During the course of these actions, Mr. Hadley has become highly familiar
`with the invention claimed in the ’183 Patent, the technology relevant to the ’183
`patent, the prosecution history of the ’183 patent, including the two reexamination
`proceedings, the prior art to the ’183 patent, including the prior art asserted in the
`six new IPRs filed by Apple, the prior Samsung IPR challenge to the same claims
`of the ’183 patent at issue in these new IPRs, the Board’s Final Written Decision in
`that IPR, and the arguments concerning the validity of the patent made by
`petitioner. Id. at ¶ 7.
`UUSI submits that Mr. Hadley’s participation will assist it and its lead
`counsel in effectively participating in this proceeding, and will facilitate timely
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`completion of the proceedings.
`Mr. Hadley has never been suspended, disbarred, sanctioned or cited for
`contempt by any court or administrative body, and has never had an application for
`admission to practice before a court or agency denied. Id. at ¶¶ 8-9. Mr. Hadley is
`a member in good standing of the Bar of California, the United States Supreme
`Court, the Ninth and Federal Circuit Courts of Appeal, and numerous district
`courts across the country. Id. at ¶ 4. Mr. Hadley has further agreed, as indicated in
`his declaration, to read and to be subject to the Office Patent Trial Practice Guide,
`the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R, and the
`USPTO’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq.,
`and submit to disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id. at ¶¶ 11.
`III. CONCLUSION.
`For the foregoing reasons, UUSI respectfully requests that the Board
`recognize Lawrence M. Hadley as its counsel, pro hac vice, in this proceeding.
`
`
`Respectfully submitted,
`By: /s/ Joseph A. Rhoa
` Joseph A. Rhoa
` Reg. No. 37,515
` Jonathan A. Roberts
` Reg. No. 68,565
`NIXON & VANDERHYE P.C.
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203-1808
`Tel.: 703-816-4043
`Tel.: 703-816-4414
`Email: jar@nixonvan.com
`Email: jr@nixonvan.com
`
`3
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`2909009
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`Dated: March 26, 2019
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`CERTIFICATE OF SERVICE
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`Case IPR2019-00359
`Patent No. 5,796,183
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`The undersigned hereby certifies that a true copy of the foregoing Patent Owner’s
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`Motion for Pro Hac Vice Admission of Lawrence M. Hadley and all exhibits filed
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`therewith, was served on Petitioner Apple, Inc., on March 26, 2019, by emailing a
`
`copy to counsel at the email addresses listed below:
`
`W. Karl Renner, Reg. No. 41,265
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Fax: 877-769-7945
`IPR39521-0062IP5@fr.com
`PTABInbound@fr.com
`Axf-ptab@fr.com
`monaldo@fr.com
`dsmith@fr.com
`
`
`
`
`
`
`
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`
`
` /s/ Joseph A. Rhoa
`Joseph A. Rhoa
`Reg. No. 37,515
`
`
`
`
`
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`2909009
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