`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`
`Playtika Ltd. and Playtika Holding Corp.,
`Petitioners,
`
`v.
`
`NexRF Corp.,
`Patent Owner.
`
`__________________
`
`Case IPR2021-00951
`Patent 8,747,229
`__________________
`
`PATENT OWNER’S MOTION FOR
`ADMISSION PRO HAC VICE OF CHRISTOPHER GOSSELIN
`
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`RELIEF REQUESTED
`
`IPR2021-00951
`U.S. Patent No. 8,747,229
`
`
`In accordance with the Board’s Notice of Filing Date Accorded to Petition
`
`(Paper 3), 37 C.F.R. § 42.10(c), and the instructions provided in Unified Patents,
`
`Inc. v. Parallel Iron LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013), Patent
`
`Owner NexRF Corp. (“Patent Owner”), respectfully moves that the Patent Trial
`
`and Appeal Board (“Board”) admit Christopher Gosselin pro hac vice in this
`
`proceeding. Concurrently with this motion, Patent Owner files a declaration of
`
`Christopher Gosselin in support of this motion. Ex. 2007.
`
`II. GOVERNING LAW, RULES, AND PRECEDENT
`The Board is authorized to recognize counsel pro hac vice pursuant to 37
`
`C.F.R. § 42.10(c), which provides that:
`
`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
`showing that counsel is an experienced litigating attorney
`and has an established familiarity with the subject matter
`at issue in the proceeding.
`The Board has stated that a motion for admission pro hac vice should
`
`include a “statement of facts showing there is good cause for the Board to
`
`recognize counsel pro hac vice during the proceeding” and “[b]e accompanied by
`
`– 1 –
`
`
`
`an affidavit or declaration of the individual seeking to appear attesting to the
`
`IPR2021-00951
`U.S. Patent No. 8,747,229
`
`
`following:
`
`i) Membership in good standing of the Bar of at least one State or the
`
`District of Columbia;
`
`ii) No suspensions or disbarments from practice before any court or
`
`administrative body;
`
`iii) No application for admission to practice before any court or
`
`administrative body ever denied;
`
`iv) No sanctions or contempt citations imposed by any court or
`
`administrative body;
`
`v) The individual seeking to appear 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.;
`
`vi) The individual will be subject to the USPTO 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);
`
`vii) All other proceedings before the Office for which the individual has
`
`applied to appear pro hac vice in the last three (3) years; and
`
`viii) Familiarity with the subject matter at issue in the proceeding.”
`
`– 2 –
`
`
`
`Unified Patents, Inc. v. Parallel Iron, LLC, IPR 2013-00639, Paper 7 at 3 (PTAB
`
`IPR2021-00951
`U.S. Patent No. 8,747,229
`
`
`Oct. 15, 2013).
`
`III. STATEMENT OF FACTS
`
`Based on the following facts, supported by the attached Declaration of
`
`Christopher Gosselin in Support of Petitioner’s Motion for Pro Hac Vice
`
`Admission (Ex. 2007), Patent Owner submits that Mr. Gosselin meets the
`
`requirements for pro hac vice admission and requests that Mr. Gosselin be
`
`admitted in this proceeding.
`
`1. Lead counsel in this inter partes review proceeding is Eugene LeDonne,
`
`who is registered to practice before the United States Patent and Trademark Office
`
`(“USPTO”) and holds Registration No. 35,930. See Patent Owner’s Updated
`
`Mandatory Notices, Paper 7.
`
`2. Mr. Gosselin has more than ten years of experience as a litigation attorney
`
`specializing in patent litigation and representing clients in patent litigation matters
`
`in various United States District Courts, the Court of Appeals for the Federal
`
`Circuit, and the United States International Trade Commission. His experience
`
`includes many matters involving technology in the software, electrical,
`
`mechanical, and electro-mechanical arts. See Declaration of Christopher Gosselin
`
`in Support of Patent Owner’s Motion for Admission Pro Hac Vice. Ex. 2007 at ¶
`
`1.
`
`– 3 –
`
`
`
`3. Mr. Gosselin is very familiar with U.S. Patent No. 8,747,229, as well as the
`
`IPR2021-00951
`U.S. Patent No. 8,747,229
`
`
`legal subject matter, technical subject matter, and prior art discussed in the
`
`Petition. He has personally reviewed the patent at issue, its prosecution history,
`
`the prior art discussed in the Petition, and the declaration and exhibits
`
`accompanying the Petition. He has been and continues to be actively involved with
`
`preparing submissions in this matter, with the strategic, factual, and technical
`
`aspects of this matter, and in counseling, and coordinating with Patent Owner. See
`
`id. at ¶ 2.
`
`4. Mr. Gosselin is a member in good standing of the New York State Bar and
`
`the District of Columbia Bar Association and admitted to practice before the
`
`United States Court of Appeals for the Federal Circuit. See id. at ¶ 3.
`
`5. Mr. Gosselin has never been suspended or disbarred from practice before
`
`any court or administrative body. See id. at ¶ 4.
`
`6. Mr. Gosselin has never had a court or administrative body deny his
`
`application for admission to practice. See id. at ¶ 5.
`
`7. Mr. Gosselin has never been sanctioned or cited for contempt by any court
`
`or administrative body. See id. at ¶ 6.
`
`8. Mr. Gosselin has read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials, as set forth in part 42 of title 37
`
`of the Code of Federal Regulations. See id. at ¶ 7.
`
`– 4 –
`
`
`
`9. Mr. Gosselin has read, and will comply with the USPTO’s Rules of
`
`IPR2021-00951
`U.S. Patent No. 8,747,229
`
`
`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a). See id. at ¶ 8.
`
`10. Mr. Gosselin has not applied for or appeared pro hac vice in any proceeding
`
`before the U.S. Patent and Trademark Office in the past three years. See id. at ¶ 9.
`
`IV. GOOD CAUSE EXISTS TO ADMIT MR. GOSSELIN PRO HAC
`VICE
`“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.” 37 C.F.R.
`
`§ 42.10(c). Section 42.10(c) provides an example of good cause: “a motion to
`
`appear pro hac vice . . . 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.”
`
`Good cause exists to admit Mr. Gosselin pro hac vice in this proceeding
`
`because he is an experienced litigator with more than a decade of experience
`
`representing clients in patent litigation matters related to software, electrical,
`
`mechanical, and electro-mechanical arts. Mr. Gosselin is very familiar with the
`
`challenged patent, as well as the legal subject matter, technical subject matter, and
`
`prior art discussed in the Petition. He has personally reviewed the prosecution
`
`– 5 –
`
`
`
`history, the prior art discussed in the Petition, and the declaration and exhibits
`
`IPR2021-00951
`U.S. Patent No. 8,747,229
`
`
`accompanying the Petition. He has been and continues to be actively involved with
`
`preparing submissions in this matter, with the strategic, factual, and technical
`
`aspects of this matter, and in counseling, and coordinating with Patent Owner.
`
`In view of Mr. Gosselin’s extensive knowledge of the subject matter of this
`
`proceeding, Patent Owner has a substantial need for Mr. Gosselin’s pro hac vice
`
`admission and his involvement in the continued prosecution of this proceeding.
`
`The required fee pursuant to 37 C.F.R. § 42.15(e) accompanies this motion.
`
`If any additional fees are required, the USPTO is authorized to charge such fees to
`
`Deposit Account No. 50-0320.
`
`V. CONCLUSION
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`admit Christopher Gosselin pro hac vice in this proceeding.
`
`– 6 –
`
`
`
`Date: September 9, 2021
`
`IPR2021-00951
`U.S. Patent No. 8,747,229
`
`
`
`
`Respectfully Submitted,
`By: /s/ Eugene LeDonne
`Eugene LeDonne (Reg. No. 35,930)
`Lead Counsel for Patent Owner
`
`Brian Murphy (Reg. No. 34,986)
`Jonathan Herstoff (Reg. No. 64,847)
`Christopher Gosselin (pro hac vice
`requested)
`Backup Counsel for Patent Owner
`
`HAUG PARTNERS LLP
`745 Fifth Avenue
`New York, New York 10151
`Telephone: (212) 588-0800
`Facsimile: (212) 588-0500
`ELedonne@haugpartners.com;
`BMurphy@haugpartners.com;
`JHerstoff@haugpartners.com
`CGosselin@haugpartners.com
`
`
`Adam Yowell (Reg. No. 69955)
`Alastair Warr (Reg. No. 47166)
`Backup Counsel for Patent Owner
`
`FisherBroyles
`5470 Kietzke Ln, Ste 300
`Reno, NV 89511
`Tel: 775-230-7364
`Fax: 775-245-3765
`Adam.yowell@fisherbroyles.com
`Alastair.warr@fisherbroyles.com
`
`– 7 –
`
`
`
`
`
`IPR2021-00951
`U.S. Patent No. 8,747,229
`
`
`Certificate of Service
`
`The undersigned hereby certifies that a true and accurate copy of Patent
`
`Owner’s Motion for Admission Pro Hac Vice of Christopher Gosselin was served
`
`on September 9, 2021, by email, as previously consented to by Petitioner, on lead
`
`and back-up counsel for Petitioner at the email addresses of record indicated
`
`below:
`
`Cory Bell: cory.bell@finnegan.com
`
`Gerson Panitch: gerson.panitch@finnegan.com
`
`Forrest Jones: forrest.jones@finnegan.com
`
`Christina Ji-Hye Yang: christina.yang@finnegan.com
`
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`
`
`
`
`Date: September 9, 2021
`
`
`
`
`
`By: /s/ Eugene LeDonne
`Eugene LeDonne (Reg. No. 35,930)
`Lead Counsel for Patent Owner
`
`HAUG PARTNERS LLP
`745 Fifth Avenue
`New York, New York 10151
`Telephone: (212) 588-0800
`Facsimile: (212) 588-0500
`ELedonne@haugpartners.com
`
`
`
`
`
`
`IPR2021-00951
`U.S. Patent No. 8,747,229
`
`
`
`
`
`
`Date: September 9, 2021
`
`Respectfully Submitted,
`By: /s/ Eugene LeDonne
`Eugene LeDonne (Reg. No. 35,930)
`Lead Counsel for Patent Owner
`
`Brian Murphy (Reg. No. 34,986)
`Jonathan Herstoff (Reg. No. 64,847)
`Christopher Gosselin (pro hac vice
`requested)
`Backup Counsel for Patent Owner
`
`HAUG PARTNERS LLP
`745 Fifth Avenue
`New York, New York 10151
`Telephone: (212) 588-0800
`Facsimile: (212) 588-0500
`ELedonne@haugpartners.com;
`BMurphy@haugpartners.com;
`JHerstoff@haugpartners.com
`CGosselin@haugpartners.com
`
`
`Adam Yowell (Reg. No. 69955)
`Alastair Warr (Reg. No. 47166)
`Backup Counsel for Patent
`Owner
`
`FisherBroyles
`5470 Kietzke Ln, Ste 300
`Reno, NV 89511
`Tel: 775-230-7364
`Fax: 775-245-3765
`Adam.yowell@fisherbroyles.com
`Alastair.warr@fisherbroyles.com
`
`
`
`
`
`
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