`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`KOSS CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2021-00592
`Patent 10,469,934
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL PIEJA
`UNDER 37 C.F.R. § 42.10(c)
`
`
`
`Case IPR2021-00592
`Docket No. 50095-0018IP1
`
`Pursuant to 37 C.F.R. § 42.10(c), the Petitioner, Apple Inc. (“Apple”)
`
`respectfully requests that the Board recognize Michael Pieja as counsel pro hac
`
`vice in this proceeding. Apple seeks the counsel of Michael Pieja due to his
`
`experience in representing Apple Inc. in other patent-related matters and
`
`particularly due to his familiarity with the substantive and technical issues
`
`involved in this proceeding. This motion is authorized by the Notice of Filing
`
`Date Accorded to Petition and Time for Filing Patent Owner Preliminary
`
`Response that was mailed on March 16, 2021.
`
`I.
`Statement of Facts
`Michael Pieja is a patent litigation attorney with more than 15 years of
`
`experience representing clients in cases involving consumer electronics,
`
`computer software, and semiconductors. Mr. Pieja regularly litigates patent
`
`cases before various Federal District Courts, and the International Trade
`
`Commission. Through his practice in such cases, Mr. Pieja has gained
`
`substantial experience in trials, discovery, Markman hearings, and appeals. Mr.
`
`Pieja is currently a partner at Goldman Ismail Tomaselli Brennan & Baum LLP,
`
`focusing on litigation, including patent litigation. Apple provides Exhibit A, as
`
`evidence, Mr. Pieja’s biography.
`
`
`
`2
`
`
`
`
`
`
`
`Case IPR2021-00592
`Docket No. 50095-0018IP1
`Michael Pieja also has particular experience and familiarity with the
`
`substantive and technical issues involved in this inter partes review proceeding
`
`and other inter partes review proceedings challenging other patents that have
`
`been asserted against Apple in KOSS Corporation v. Apple Inc., 6:2020cv00665
`
`(W.D.Tex.) (IPR2021-00255, IPR2021-00305 and IPR2021-00381). For
`
`instance, Mr. Pieja serves as trial counsel for Apple in the litigation referenced
`
`above that involves these patents has, as a result, gained familiarity with the
`
`patents and prior art references at issue. Apple has invested significant financial
`
`resources in each of these proceedings, and Mr. Pieja will be taking a leading
`
`role with respect to the patent that is the subject of the present proceeding.
`
`Moreover, through his representation in the IPR proceedings, Apple has
`
`developed a particular relationship with Mr. Pieja such that Apple desires to
`
`continue the relationship with Mr. Pieja for the purpose of this proceeding.
`
`II.
`Affidavit of Individual Seeking to Appear
`This Motion for Pro Hac Vice Admission is accompanied by an Affidavit
`
`of Michael Pieja. Accordingly, Apple submits that there is good cause under 37
`
`C.F.R. § 42.10(c) for the Board to recognize Michael Pieja as counsel pro hac
`
`vice during this proceeding.
`
`
`
`3
`
`
`
`
`
`
`
`
`
`Date: 1/13/2022
`
`
`
`
`
`
`
`
`
`Case IPR2021-00592
`Docket No. 50095-0018IP1
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/David Holt/
`W. Karl Renner, Reg. No. 41,265
`David Holt, Reg. No. 65,161
`Joel Henry, Reg. No. 72,970
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
`
`
`
`4
`
`
`
`Case IPR2021-00592
`Docket No. 50095-0018IP1
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned certifies that on January 13,
`
`2022, a complete and entire copy of this Petitioner’s Motion for Pro Hac Vice
`
`Admission of Michael Pieja, and its exhibit, were provided via email, to the Patent
`
`Owner by serving the correspondence addresses of record as follows:
`
`Mark G. Knedeisen
`Laurén Murray
`Brian P. Bozzo
`
`K&L GATES LLP
`K&L Gates Center, 210 Sixth Avenue
`Pittsburgh, PA 15222
`
`Email: mark.knedeisen@klgates.com
`Email: lauren.murray@klgates.com
`Email: brian.bozzo@klgates.com
`
`
`
`
`
` /Crena Pacheco/
`Crena Pacheco
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(617) 956-5938
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`
`
`
`
`
`
`
`
`
`