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`Paper No. __
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`BOSE CORPORATION,
`Petitioner,
`
`v.
`
`KOSS CORPORATION,
`Patent Owner.
`_____________
`
`Case No. IPR2021-00612
`Patent No. 10,206,025
`_____________
`
`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF NATHAN R. SPEED
`
`
`
`
`
`
`
`
`LISTING OF EXHIBITS
`
`
`Exhibit Description
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`U.S. Patent No. 10,206,025
`
`Prosecution History of U.S. Patent No. 10,206,025
`
`Declaration of Tim A. Williams
`
`Curriculum Vitae of Tim A. Williams
`
`Declaration of John G. Casali
`
`Curriculum Vitae of John G. Casali
`
`PCT/US2009/039754
`
`RESERVED
`
`RESERVED
`
`RESERVED
`
`RESERVED
`
`RESERVED
`
`PCT Publication No. WO2009/126614A1
`
`RESERVED
`
`RESERVED
`
`U.S. Patent Application Publication No. 2007/0165875 (“Rezvani-875”)
`
`U.S. Patent No. 6,856,690 (“Skulley”)
`
`U.S. Patent Application Publication No. 2004/0142693
`
`U.S. Patent No. 7,069,452 (“Hind”)
`
`i
`
`
`
`
`
`1020
`
`1021
`
`1022
`
`1023
`
`1024
`
`1025
`
`1026
`
`1027
`
`1028
`
`1029
`
`1030
`
`1031
`
`1032
`
`1033
`
`1034
`
`1035
`
`1036
`
`1037
`
`1038
`
`1039
`
`1040
`
`U.S. Patent Application Publication No. 2008/0076489
`
`U.S. Patent No. 7,457,649
`
`U.S. Patent Application Publication No. 2003/0223604
`
`U.S. Patent Application Publication No. 2007/0253579
`
`U.S. Patent No. 7,627,289
`
`U.S. Patent No. 5,889,870
`
`U.S. Patent Application Publication No. 2008/0031475 (“Goldstein”)
`
`IEEE Std. 315, Graphic Symbols for Electrical and Electronic Diagrams
`(1975) (Reaffirmed 1993)
`
`U.S. Patent Application Publication No. 2006/0141950
`
`U.S. Patent Application Publication No. 2006/0083331
`
`U.S. Patent Application Publication No. 2007/0206776
`
`U.S. Patent Application Publication No. 2005/0286466
`
`RESERVED
`
`U.S. Patent No. 5,761,298 (“Davis”)
`
`U.S. Patent No. 5,960,094
`
`U.S. Patent No. 6,295,366
`
`U.S. Patent Application Publication No. 2007/0110017
`
`U.S. Patent Application Publication No. 2004/0068653
`
`U.S. Patent Application Publication No. 2008/0113689
`
`U.S. Patent Application Publication No. 2005/0037818
`
`U.S. Patent Application Publication No. 2004/0210752
`
`ii
`
`
`
`
`
`1041
`
`1042
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`1043
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`1044
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`1045
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`1046
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`1047
`
`1048
`
`1049
`
`1050
`
`1051
`
`1052
`
`1053
`
`1054
`
`1055
`
`1056
`
`1057
`
`1058
`
`U.S. Patent Application Publication No. 2007/0149261
`
`U.S. Patent No. 8,180,078
`
`U.S. Patent Application Publication No. 2005/0058313
`
`U.S. Patent Application Publication No. 2007/0147629
`
`U.S. Patent Application Publication No. 2004/0078812
`
`U.S. Patent Application Publication No. 2008/0166005
`
`U.S. Patent Application Publication No. 2003/0065805
`
`Internet Archive of
`http://www.bose.com/controller?event=VIEW_PRODUCT_PAGE_EV
`ENT&product=headphones_audio_subcategory (Nov. 1, 2007)
`
`U.S. Patent Application Publication No. 2007/0092098
`
`U.S. Patent Application Publication No. 2008/0226094
`
`U.S. Patent Application Publication No. 2003/0018810
`
`U.S. Patent Application Publication No. 2007/0258613
`
`U.S. Patent Application Publication No. 2009/0046869
`
`RESERVED
`
`Koss Corp. v. Bose Corp., 6:20-cv-00661-ADA (D.I. 1) (Complaint &
`Exs. A-G) (W.D. Tex. July 22, 2020)
`
`RESERVED
`
`Order Regarding Court Operations Under the Exigent Circumstances
`Created by the COVID-19 Pandemic (C.J. Garcia) (Mar. 13, 2020)
`
`Supplemental Order Regarding Court Operations Under the Exigent
`Circumstances Created by the COVID-19 Pandemic (C.J. Garcia) (Apr.
`15, 2020)
`
`iii
`
`
`
`
`
`1059
`
`1060
`
`1061
`
`1062
`
`1063
`
`1064
`
`1065
`
`1066
`
`1067
`
`1068
`
`1069
`
`1070
`
`Supplemental Order Regarding Court Operations Under the Exigent
`Circumstances Created by the COVID-19 Pandemic (C.J. Garcia) (May
`8, 2020)
`
`Supplemental Order Regarding Court Operations Under the Exigent
`Circumstances Created by the COVID-19 Pandemic (C.J. Garcia) (June
`18, 2020)
`
`Supplemental Order Regarding Court Operations Under the Exigent
`Circumstances Created by the COVID-19 Pandemic (C.J. Garcia) (July
`2, 2020)
`
`Seventh Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic (C.J.
`Garcia) (Aug. 6, 2020)
`
`Eighth Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic (C.J.
`Garcia) (Sept. 21, 2020)
`
`Ninth Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic (C.J.
`Garcia) (Oct. 14, 2020)
`
`Tenth Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic (C.J.
`Garcia) (Nov. 18, 2020)
`
`RESERVED
`
`RESERVED
`
`RESERVED
`
`Open Patent Matters Before J. Albright (W.D. Tex.) Not on Appeal, Lex
`Machina, https://law.lexmachina.com (last checked March 3, 2021)
`
`Open Patent Matters Before J. Albright (W.D. Tex.) Not on Appeal
`Filed Before July 22, 2020, Lex Machina, https://law.lexmachina.com
`(last checked March 3, 2021)
`
`iv
`
`
`
`
`
`1071
`
`1072
`
`1073
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`1074
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`1075
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`1076
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`1077
`
`1078
`
`1079
`
`1080
`
`1081
`
`1082
`
`1083
`
`1084
`
`Scott McKeown, District Court Trial Dates Tend to Slip After PTAB
`Discretionary Denials, https://www.patentspostgrant.com/district-court-
`trial-dates-tend-to-slip-after-ptab-discretionary-denials/ (July 24, 2020)
`(last checked Dec. 1, 2020)
`
`Civil Docket, Koss Corp. v. Bose Corp., 6:20-cv-00661-ADA (W.D.
`Tex.) (as of March 3, 2021)
`
`Civil Docket, Koss Corp. v. PEAG LLC d/b/a JLab Audio, 6:20-cv-
`00662-ADA (W.D. Tex.) (as of March 3, 2021)
`
`Civil Docket, Koss Corp. v. Plantronics, Inc., 6:20-cv-00663-ADA
`(W.D. Tex.) (as of March 3, 2021)
`
`Civil Docket, Koss Corp. v. Skullcandy, Inc., 6:20-cv-00664-ADA
`(W.D. Tex.) (as of March 3, 2021)
`
`Skrainer, S. F., Royster, L.H., Berger, E.H., & Pearson, R. G. “Do
`Personal Radio Headsets Provide Hearing Protection,” Sound and
`Vibration, 19(5) (1985), 16-19
`
`Casali, J. G. & Park, M. Y., “Attenuation performance of four hearing
`protectors under dynamic movement and different user fitting
`conditions,” Human Factors (1990)
`
`U.S. Patent No. 7,564,989
`
`RESERVED
`
`Civil Docket, MV3 Partners LLC v. Roku, Inc., 6:18-cv-00308-ADA
`(W.D. Tex.) (as of Dec. 1, 2020)
`
`U.S. Patent Application Publication No. 2007/0123171
`
`Agreed Scheduling Order, Koss Corp. v. Plantronics et al., 6:20-cv-
`00663, -00664, -00665 (D.I. 28) (W.D. Tex. Nov. 30, 2020)
`
`U.S. Patent No. 8,571,544
`
`Prosecution History of U.S. Patent No. 8,571,544
`
`v
`
`
`
`
`
`1085
`
`1086
`
`1087
`
`1088
`
`1089
`
`1090
`
`1091
`
`1092
`
`1093
`
`1094
`
`1095
`
`1096
`
`1097
`
`1098
`
`1099
`
`1100
`
`1101
`
`1102
`
`1103
`
`1104
`
`1105
`
`U.S. Patent No. 9,049,502
`
`Prosecution History of U.S. Patent No. 9,049,502
`
`U.S. Patent No. 9,438,987
`
`Prosecution History of U.S. Patent No. 9,438,987
`
`U.S. Patent No. 9,497,535
`
`Prosecution History of U.S. Patent No. 9,497,535
`
`U.S. Patent No. 9,729,959
`
`Prosecution History of U.S. Patent No. 9,729,959
`
`U.S. Patent No. 9,986,325
`
`Prosecution History of U.S. Patent No. 9,986,325
`
`U.S. Patent No. 10,469,934
`
`Prosecution History of U.S. Patent No. 10,469,934
`
`U.S. Patent Application Publication No. 2007/0136446 (“Rezvani-446”)
`
`U.S. Patent Application Publication No. 2006/0229014 (“Harada”)
`
`PCT/KR2006/000922 (PCT Publication No. WO 2006/098584A1)
`(“Oh”)
`
`U.S. Patent Application Publication No. 2004/0165720
`
`U.S. Patent No. 7,072,686 (“Schrager”)
`
`U.S. Patent Application Publication No. 2002/0160820
`
`U.S. Patent Application Publication No. 2002/0197956
`
`U.S. Patent Application Publication No. 2004/0133734
`
`U.S. Patent Application Publication No. 2004/0204168
`
`vi
`
`
`
`
`
`1106
`
`1107
`
`1108
`
`1109
`
`1110
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`1111
`
`1112
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`1113
`
`1114
`
`1115
`
`1116
`
`1117
`
`1118
`
`1119
`
`1120
`
`1121
`
`1122
`
`1123
`
`U.S. Patent Application Publication No. 2005/0073522
`
`U.S. Patent Application Publication No. 2006/0052144
`
`U.S. Patent Application Publication No. 2006/0163358
`
`U.S. Patent Application Publication No. 2006/0217827
`
`U.S. Patent Application Publication No. 2008/0016205
`
`U.S. Patent Application Publication No. 2008/0133551
`
`U.S. Patent Application Publication No. 2008/0298613
`
`U.S. Patent No. 4,456,795
`
`U.S. Patent No. 5,998,275
`
`U.S. Patent No. 6,499,129
`
`U.S. Patent No. 7,039,944
`
`U.S. Patent No. 7,289,775
`
`Twelfth Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic (C.J.
`Garcia) (Jan. 7, 2021)
`
`Thirteenth Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic (C.J.
`Garcia) (Feb. 2, 2021)
`
`Proposed Scheduling Order, Koss Corp. v. Bose Corp., 6:20-cv-00661, -
`00662 (D.I. 24) (W.D. Tex. Feb. 16, 2021)
`Civil Docket, Koss Corp. v. Apple Inc., 6:20-cv-00665-ADA (W.D.
`Tex.) (as of March 1, 2021)
`Civil Docket, Apple Inc. v. Koss Corp., 4-20-cv-05504-JST (N.D. Cal.)
`(as of March 1, 2021)
`Civil Docket, Bose Corp. v. Koss Corp., 1-20-cv-12193-RGS (D. Mass.)
`(as of March 1, 2021)
`
`vii
`
`
`
`
`
`1124
`
`1125
`
`1126
`1127
`1128
`1129
`
`1130
`1131
`1132
`1133
`1134
`1135
`1136
`
`Civil Docket, VLSI Tech. LLC v. Intel Corp., 1:19-cv-00977-ADA
`(W.D. Tex.) (as of March 1, 2021)
`Plaintiff Koss Corporation’s Preliminary Infringement Contentions,
`Koss Corp. v. Bose Corp., 6:20-cv-00661 (W.D. Tex.)
`U.S. Patent Application Publication No. 2002/0098878
`U.S. Patent No. 6,097,809
`U.S. Patent Application Publication No. 2007/0167187
`Complaint, Koss Corp. v. Apple Inc., 6-20-cv-00665 (W.D. Tex.)
`(filed July 23, 2020)
`U.S. Patent Application Publication No. 2002/0068610
`U.S. Patent Application Publication No. 2005/0201585
`U.S. Patent Application Publication No. 2003/0073460
`U.S. Patent Application Publication No. 2003/0100274
`U.S. Patent No. 7,065,342
`U.S. Patent Application Publication No. 2002/0041697
`Declaration of Nathan R. Speed in Support of Motion for Admission Pro
`Hac Vice
`
`viii
`
`
`
`
`
`I.
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 5, Petitioner Bose
`
`Corporation respectfully requests that the Board admit Nathan R. Speed pro hac
`
`vice in this proceeding, IPR2021-00612. Petitioner is concurrently seeking
`
`admission of Mr. Speed pro hac vice in related proceedings IPR2021-00297 and
`
`IPR2021-00680. Patent Owner has been consulted and has indicated it does not
`
`object to Mr. Speed being admitted pro hac vice in this proceeding.
`
`II.
`
`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO RECOGNIZE COUNSEL PRO HAC VICE DURING
`THE PROCEEDING
`37 C.F.R. § 42.10(c) provides:
`
`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 a showing that counsel is
`an experienced litigating attorney and has an established familiarity
`with the subject matter at issue in the proceeding.
`
`The facts here establish good cause for the Board to recognize Mr. Speed pro
`
`hac vice in this proceeding.
`
`1
`
`
`
`
`
`First, as set forth in Mr. Speed’s declaration (Ex. 1136), Mr. Speed has an
`
`established familiarity with the subject matter at issue in these proceedings. He has
`
`worked on preparing and reviewing the materials submitted in this proceeding.
`
`Second, Mr. Speed has extensive patent litigation experience and is expected
`
`to use his experience to support Lead Counsel during the proceeding, including
`
`during depositions. Good cause exists to have Petitioner appoint as counsel Mr.
`
`Speed, as a litigator, to assist Lead Counsel.
`
`Third, Mr. Speed is an experienced practitioner before the Board, having
`
`applied to appear pro hac vice in more than twenty Inter Partes Reviews over the
`
`past three years.
`
`Furthermore, as set forth in his declaration Mr. Speed attests to all of the
`
`representations set forth in part 2(b) of Paper No. 7 from Unified Patents v. Parallel
`
`Iron, Case IPR2013-00639 (PTAB Oct. 15, 2013).
`
`III. CONCLUSION
`For the foregoing reasons, Petitioner respectfully requests that the Board
`
`admit Nathan R. Speed pro hac vice in this proceeding.
`
`
`
`
`
`2
`
`
`
`
`
`
`Date: June 21, 2021
`
`
`
`Respectfully submitted,
`Bose Corporation
`
`/Michael N. Rader/
`Michael N. Rader, Reg. No. 52,146
`Gregory S. Nieberg, Reg. No. 57,06
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`(617) 646-8000 Phone
`(617) 646-8646 Fax
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6 (E)(4)
`I certify that on June 21, 2021, I will cause a copy of the foregoing document,
`
`including any exhibits filed therewith, to be served via electronic mail, as previously
`
`consented to by Patent Owner, upon the following:
`
`
`
`
`
`Mark G. Knedeisen
`Ragae M. Ghabrial
`Michelle Weaver
`
`mark.knedeisen@klgates.com
`ragae.ghabrial@klgates.com
`michelle.weaver@klgates.com
`
`
`Date: June 21, 2021
`
`
`
`
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`
`
`
`
`
`
`
`
`
`
`
`/MacAulay Rush/
`MacAulay Rush
`Paralegal
`WOLF, GREENFIELD & SACKS, P.C.
`
`
`
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`
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`
`
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