IPR2021-01303
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`HYUNDAI MOTOR AMERICA,
`Petitioner
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`v.
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`STRATOSAUDIO, INC.,
`Patent Owner
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`____________________
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`Case IPR2021-01303
`U.S. Patent No. 8,688,028
`____________________
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`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION PURSUANT
`TO 37 C.F.R. §42.10(C)
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`HYUNDAI MOTOR AMERICA,
`Petitioner
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`v.
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`STRATOSAUDIO, INC.,
`Patent Owner
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`____________________
`
`Case IPR2021-01303
`U.S. Patent No. 8,688,028
`____________________
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`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION PURSUANT
`TO 37 C.F.R. §42.10(C)
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`IPR2021-01303
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`I.
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`INTRODUCTION
`Pursuant to 37 C.F.R. § 42.10(c), Petitioner Hyundai Motor America
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`(“Petitioner” or “Hyundai”) respectfully requests that the Board recognize Bradley
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`M. Berg as counsel pro hac vice in this proceeding. Petitioner’s lead counsel in
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`this proceeding is a registered practitioner and, as illustrated below, Mr. Berg is an
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`experienced litigator with an established familiarity with this proceeding’s subject
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`matter. Thus, there is good cause for the Board to recognize Mr. Berg pro hac vice
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`in this proceeding.
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`II. TIME FOR FILING
`This Motion for Pro Hac Vice Admission is being filed no sooner than
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`twenty one (21) days after service of the petition. Unified Patents, Inc. v. Parallel
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`Iron, LLC, Case IPR2013-00639, Paper No. 7 (P.T.A.B. Oct. 15, 2013).
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`III. STATEMENT OF FACTS
`This motion is authorized by the Notice of Filing Date Accorded to Petition
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`and Time for Filing Patent Owner Preliminary Response that was mailed on July
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`28, 2021 (Paper No. 3). Petitioner’s lead and back-up counsel are registered
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`practitioners.
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`Where lead counsel is a registered practitioner, the Board may permit a non-
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`registered practitioner to appear pro hac vice “upon a showing that counsel is an
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`experienced litigating attorney and has established familiarity with the subject
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`matter at issue in the proceeding.” 37 C.F.R. §42.10(c); Unified Patents, Case
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`1
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`IPR2021-01303
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`IPR2013-00639, Paper 7 (setting forth requirements for pro hac vice admission).
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`As set forth in his Declaration submitted herewith (Ex. 1025), Mr. Berg is an
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`experienced litigator. He is a Counsel with O’Melveny & Myers LLP with seven
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`years of experience representing clients in patent and technology related litigation,
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`including matters involving technology similar to that at issue in this proceeding.
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`Mr. Berg is familiar with the subject matter of this proceeding. He has
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`reviewed and analyzed the patent at issue in this inter partes review, U.S. Patent
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`No. 8,688,028 (“the ’028 Patent”) as well as the prior art at issue in this
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`proceeding. Specifically, he has assisted Petitioner in its district court litigation,
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`StratosAudio, Inc. v. Hyundai Motor America, Case No. 2:22-cv-01712-GW-PDx
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`(C.D. Cal.), which involves the same patent and technology at issue in this IPR.
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`Based on his work for Petitioner in litigations and proceedings involving
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`similar technologies, involvement with the petition in this proceeding, and the
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`other facts detailed in his declaration, Mr. Berg has significant familiarity with the
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`subject matter in this proceeding. Petitioner wishes to apply Mr. Berg’s
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`knowledge of the patent and litigation experience by employing him as counsel in
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`this proceeding. Because Mr. Berg is an experienced practitioner with an
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`established familiarity with the subject matter of this proceeding, Petitioner
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`respectfully submits that there is good cause under 37 C.F.R. § 42.10(c) to
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`recognize Mr. Berg as counsel pro hac vice during this proceeding.
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`2
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`IPR2021-01303
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`IV. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`This motion for Pro Hac Vice Admission is supported by the accompanying
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`Declaration of Bradley M. Berg (Ex. 1025), as required by Unified Patents, Case
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`IPR2013-00639, Paper 7.
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`March 25, 2022
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`Respectfully submitted,
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`/s/ Ryan K. Yagura
`Ryan K. Yagura (Reg. No. 47,191)
`O’Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`Telephone: (213) 430-6000
`E-Mail: ryagura@omm.com
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`PETITIONER’S UPDATED EXHIBIT LIST
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`Exhibit No. Description
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`IPR2021-01303
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`1001
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`1002
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`1003
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`1004
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`1005
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`1006
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`1007
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`1008
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`1009
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`1010
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`1011
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`1012
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`1013
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`1014
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`1015
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`1016
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`1017
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`U.S. Patent No. 8,688,028
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`Declaration of Dr. Kevin Almeroth
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`Curriculum Vitae of Dr. Kevin Almeroth
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`Prosecution History of U.S. Patent No. 8,688,028
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`[INTENTIONALLY LEFT BLANK]
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`U.S. Patent No. 6,628,928, Filed on December 10, 1999 (“Crosby)
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`[INTENTIONALLY LEFT BLANK]
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`[INTENTIONALLY LEFT BLANK]
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`Email from Albright Clerk, dated May 4, 2021
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`U.S. Patent No. 6,925,489, filed on November 22, 1999 (“Curtin”)
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`U.S. Patent No. 5,063,610, issued on November 5, 1991
`(“Alwadish”)
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`European Patent No. 0 647 377, published on April 12, 1995
`(“Koerber”)
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`[INTENTIONALLY LEFT BLANK]
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`[INTENTIONALLY LEFT BLANK]
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`[INTENTIONALLY LEFT BLANK]
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`[INTENTIONALLY LEFT BLANK]
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`[INTENTIONALLY LEFT BLANK]
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`4
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`IPR2021-01303
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`1018
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`1019
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`1020
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`1021
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`1022
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`1023
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`1024
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`1025
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`[INTENTIONALLY LEFT BLANK]
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`[INTENTIONALLY LEFT BLANK]
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`Plaintiff’s Preliminary Infringement Contentions, dated May 13,
`2021, including Claim Chart for ’028 Patent (“Infringement
`Contentions”)
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`Petitioner’s Stipulation Letter to Patent Owner, dated July 22,
`2021
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`U.S. Patent No. 5,948,061 A, issued Sept. 7, 1999 (“Merriman”)
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`U.S. Patent No. 5,778,181 A, issued July 7, 1998 (“Hidary”)
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`U.S. Patent Application Ser. No. 09/953,335
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`Declaration of Bradley M. Berg In Support of Petitioner’s Motion for
`Pro Hac Vice Admission Pursuant to 37 C.F.R. §42.10(C)
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`5
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`IPR2021-01303
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`CERTIFICATE OF SERVICE
`The undersigned certifies pursuant to 37 C.F.R. § 42.6(e) and § 42.105 that
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`on March 25, 2022, a true and correct copy of PETITIONER’S MOTION FOR
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`PRO HAC VICE ADMISSION PURSUANT TO 37 C.F.R. §42.10(c), together
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`with all exhibits filed therewith was served in its entirety by filing these documents
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`through the PTAB E2E System, as well as by email, on the counsel of record for
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`the Patent Owner.
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`March 25, 2022
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`Respectfully submitted,
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`By: /s/ Ryan K. Yagura
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`Ryan K. Yagura (Reg. No. 47,191)
`O’Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`Telephone: (213) 430-6000
`E-Mail: ryagura@omm.com
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` Attorney for Petitioner Hyundai Motor America
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`6
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