UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MAXELL, LTD.,
`Patent Owner
`_______________
`
`Case: IPR2020-00202
`
`U.S. Patent No. 10,212,586
`_______________
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL L. LINDINGER PURSUANT TO 37 C.F.R. §
`42.10(c)
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MAXELL, LTD.,
`Patent Owner
`_______________
`
`Case: IPR2020-00202
`
`U.S. Patent No. 10,212,586
`_______________
`
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL L. LINDINGER PURSUANT TO 37 C.F.R. §
`42.10(c)
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`Case IPR2020-00202
`
`
`Patent No. 10,212,586
`Motion for Admission Pro Hac Vice
`
`
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner, Maxell, Ltd. (“Maxell”),
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`hereby files this motion for Michael L. Lindinger to appear pro hac vice on its
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`behalf before the Patent Trial and Appeal Board in this proceeding. This motion is
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`being filed with the Board’s authorization (see Paper 5) and in accordance with the
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`Board’s order in IPR2013-00639 (Paper 7) (setting forth the requirements for pro
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`hac vice admission).
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`I.
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`STATEMENT OF FACTS
`The following facts along with the attached Declaration of Michael L.
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`Lindinger (“Lindinger Dec.”) support admission of Mr. Lindinger pro hac vice in
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`this proceeding:
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`1.
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`Lead counsel Robert G. Pluta is a registered attorney (Reg. No.
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`50,970) and is experienced in inter partes proceedings in the United States Patent
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`and Trademark Office (USPTO).
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`2. Michael Lindinger is an experienced litigation attorney.
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` Mr.
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`Lindinger is counsel at the firm Mayer Brown LLP and has been a litigator of
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`patent cases for more than 13 years. Ex. 2030, Lindinger Dec., ¶2. Mr. Lindinger
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`has litigated numerous high-tech, consumer goods-related patent cases and has
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`regularly entered appearances as counsel of record in patent cases during this time.
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`Id. Mr. Lindinger is a member in good standing of the Illinois and District of
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`
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`1
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`Case IPR2020-00202
`
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`Patent No. 10,212,586
`Motion for Admission Pro Hac Vice
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`Columbia State Bars, and is admitted to practice in the Courts of Appeals for the
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`Seventh and Federal Circuits and the Northern District of Illinois, District of the
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`District of Columbia, Southern District of Texas, Eastern District of Wisconsin,
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`with no suspensions or disbarments from practice before any court or
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`administrative body, nor any application for admission to practice before any court
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`or administrative body ever denied. Id., ¶¶1, 3, 4. Mr. Lindinger has never had
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`any sanctions or contempt citations imposed against him by any court or
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`administrative body. Id., ¶5.
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`3. Mr. Lindinger has significant familiarity with the subject matter at
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`issue in this proceeding based on his work as an attorney having made an
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`appearance in the pending district court case Maxell, Ltd. v. Apple Inc., Case No.
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`5:19-cv-00036-RWS (E.D. Tex.), which involves a variety of smartphone/tablet
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`functionalities, including the functionality that is at issue in this proceeding. Id.,
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`¶9. Mr. Lindinger has been actively involved in all aspects of this pending district
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`court case, including the validity of U.S. Patent No. 10,212,586, and accordingly,
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`has gained substantive knowledge of the patent-at-issue in this proceeding, its
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`prosecution, and the cited prior art. Id., ¶10. Mr. Lindinger also has substantive
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`knowledge of the patent-at-issue in this proceeding by virtue of his preparation for
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`this proceeding. Id.
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`2
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`Case IPR2020-00202
`
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`Patent No. 10,212,586
`Motion for Admission Pro Hac Vice
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`4. Mr. Lindinger has read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in 37 C.F.R. §
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`42, and he agrees to be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq., and to disciplinary jurisdiction under 37
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`C.F.R. §11.19(a). Id., ¶¶6, 7.
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`5. Mr. Lindinger has not applied to appear pro hac vice in any other
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`proceedings before the Office in the last three (3) years. Id., ¶8. Mr. Lindinger is
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`concurrently applying to appear pro hac vice in IPR2020-00200 and IPR2020-
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`00204.
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`II. REASONS FOR GRANTING THE MOTION
`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). Where the lead counsel is a registered practitioner, a motion to appear
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`pro hac vice may be granted upon showing that counsel who is seeking pro hac
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`vice admission is “an experienced litigating attorney and has an established
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`familiarity with the subject matter at issue in the proceeding.” Id.
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`The motion for pro hac vice admission must contain a statement of facts
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`showing good cause and be accompanied by a declaration of the individual who is
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`3
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`Case IPR2020-00202
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`Patent No. 10,212,586
`Motion for Admission Pro Hac Vice
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`seeking admission. See Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-
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`
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`
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`00639, Paper No. 7 at 3-4 (Oct. 15, 2013). The declaration in turn must contain
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`certain attestations. Id. This motion and the accompanying declaration meet all of
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`the Board’s requirements.
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`As set forth above, the lead counsel in this proceeding, Robert G. Pluta, is a
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`registered practitioner. Mr. Lindinger is an experienced patent litigation attorney
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`and has an established familiarity with the subject matter at issue in the
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`proceeding. See Exhibit 2030, ¶¶9-10. Mr. Lindinger has entered an appearance
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`as counsel in the pending district court case Maxell, Ltd. v. Apple Inc., Case No.
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`5:19-cv-00036-RWS (E.D. Tex.), which involves the patent-at-issue in this
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`proceeding. Id., ¶¶9, 10. Mr. Lindinger has been actively involved in all aspects
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`of this pending district court case, including the validity of U.S. Patent No.
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`10,212,586, and accordingly, has gained substantive knowledge of the patent-at-
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`issue in this proceeding, its prosecution, and the cited prior art. Id., ¶10. In his
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`declaration, Mr. Lindinger makes the necessary attestations. His admission pro
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`hac vice will enable the Patent Owner to avoid unnecessary expense and
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`duplication of work between this proceeding, other IPR proceedings, and the co-
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`pending litigation whose trial is scheduled to begin on March 22, 2021.
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`4
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`Case IPR2020-00202
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`Patent No. 10,212,586
`Motion for Admission Pro Hac Vice
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`III. CONCLUSION
`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`admit Michael L. Lindinger pro hac vice in this proceeding.
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`Dated: March 4, 2021
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`Respectfully submitted,
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`/Robert G Pluta Reg No 50970 /
`Robert G. Pluta
`Registration No. 50,970
`Amanda S. Bonner
`Registration No. 65,224
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`
`Jamie B. Beaber
`(Pro Hac Admission to be Sought)
`James A. Fussell
`Registration No. 54,885
`William J. Barrow
`Registration No. 62,813
`Saqib J. Siddiqui
`Registration No. 68,626
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, D.C. 20006
`
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`5
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`Case IPR2020-00202
`
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`Patent No. 10,212,586
`Motion for Admission Pro Hac Vice
`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 4th day of March, 2021, a copy of the
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`attached MOTION FOR PRO HAC VICE ADMISSION OF MICHAEL L.
`
`LINDINGER PURSUANT TO 37 C.F.R. § 42.10(c) was served by electronic
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`mail to the attorneys of record, at the following addresses:
`
`Jennifer C. Bailey
`Jennifer.Bailey@eriseip.com
`PTAB@eriseip.com
`Adam P. Seitz
`Adam.Seitz@eriseip.com
`ERISE IP, P.A.
`7015 College Blvd., Suite 700
`Overland Park, Kansas 66211
`Telephone: (913) 777-5600
`Fax: (913) 777-5601
`
`
`Paul R. Hart
`Paul.Hart@eriseip.com
`ERISE IP, P.A.
`5600 Greenwood Plaza Blvd., Ste. 200
`Greenwood Village, Colorado 80111
`Telephone: (913) 777-5600
`Fax: (913) 777-5601
`
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` Respectfully submitted,
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`Date: March 4, 2021 By:
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`/Robert G Pluta Reg No 50970/
`Robert G. Pluta
`MAYER BROWN LLP
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`
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`i
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