UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`APPLE INC.,
`Petitioners,
`
`
`v.
`
`
`LOGANTREE LP
`Patent Owner
`______________
`Case IPR2022-00040
`Patent 6,059,576
`______________
`
`PATENT OWNER’S UNOPPOSED MOTION FOR ADMISSION PRO HAC
`VICE OF JASON MCMANIS
`
`
`
`
`
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`APPLE INC.,
`Petitioners,
`
`
`v.
`
`
`LOGANTREE LP
`Patent Owner
`______________
`Case IPR2022-00040
`Patent 6,059,576
`______________
`
`PATENT OWNER’S UNOPPOSED MOTION FOR ADMISSION PRO HAC
`VICE OF JASON MCMANIS
`
`
`
`
`
`
`
`I.
`
`RELIEF REQUESTED
`
`IPR2022-00040
`
`Pursuant to 37 C.F.R. §42.10 and the Board’s “Order Authorizing Motion for Pro Hac Vice
`
`Admission – 37 C.F.R. §42.10,” entered December 5, 2012, Patent Owner LoganTree, LP,
`
`requests that the Board admit Jason McManis pro hac vice in this proceeding.
`
`II.
`
`STATEMENT OF FACTS
`
`Pursuant to 37 C.F.R. §42.10(c), 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.
`
`
`37 C.F.R. §42.10(c). The facts, supported by the attached Declaration of Jason McManis in
`
`Support of Motion for Admission Pro Hac Vice (“McManis Decl.”), establish good cause to admit
`
`Mr. McManis pro hac vice in this proceeding.
`
`1.
`
`Lead counsel David Warden is a registered practitioner and is experienced in
`
`proceedings before the Board.
`
`2.
`
`Mr. McManis is an experienced litigating attorney who has been practicing for
`
`more than 9 years. (McManis Decl. ¶ 1.) Mr. McManis has been litigating patent cases for at least
`
`9 years. (Id. ¶ 2.) Mr. McManis is a member in good standing of the Texas State Bar, with no
`
`suspensions or disbarments from practice, nor any application for admission to practice denied,
`
`and is admitted to practice before several district courts around the country. (Id. ¶ 3-4.)
`
`3.
`
`Mr. McManis has familiarity with the subject matter at issue in this proceeding
`
`based on his work as counsel in the pending district court cases LoganTree LP, vs. Garmin
`
`International, Inc., and Garmin USA, Inc., Case No. 6:17-cv-01217 (D. Kan.), LoganTree LP, vs.
`
`
`
`
`Apple, Inc., Case No. 3:22-cv-02892 (N.D. Cal.) and LoganTree LP v. Fossil Group, Inc., Case
`
`IPR2022-00040
`
`No. 21-385 (D. Del.), all of which involve the same patent at issue in this proceeding. (Id. ¶ 5.)
`
`Mr. McManis has been actively involved in all aspects of these district court cases, including the
`
`issue of validity of the patent-in-suit. (Id. ¶ 6.)
`
`4.
`
`Mr. McManis has read and will comply with the Office Patent Trial Practice Guide
`
`and the Board’s Rules for Practice for Trials set forth in part 42 of the C.F.R., and he agrees to be
`
`subject to the USPTO Code of Professional Responsibility set forth in 37 C.F.R. §§10.20 et seq.,
`
`and to disciplinary jurisdiction under 37 C.F.R. §11.19(a). (Id. ¶ 7-8.) Mr. McManis has not applied
`
`to appear pro hac vice in any other proceedings before the Office in the last three (3) years. (Id. ¶
`
`9.)
`
`III. ANALYSIS
`
`The facts contained in the Statement of Facts above, and contained in the McManis
`
`Declaration, establish that there is a good cause to admit Mr. McManis pro hac vice in this
`
`proceeding under 37 C.F.R. §42.10. Lead counsel is a registered practitioner, Mr. McManis is an
`
`experienced litigating attorney, and Mr. McManis has an established familiarity with the subject
`
`matter at issue in the proceeding.
`
`IV. CONCLUSION
`
`For the foregoing reasons, Patent Owner LoganTree, LP, respectfully request that the
`
`Board admit Jason McManis pro hac vice in this proceeding.
`
`
`
`
`
`IPR2022-00040
`
`
`
`
`
`
`
`Dated: October 3, 2022
`
`
`
`
`
`
`
`
`By:
`
`Respectfully Submitted,
`
`/s/ David E. Warden
`David E. Warden
`Reg. No. 35,733
`Attorney for Patent Owner
`LoganTree LP
`
`AHMAD, ZAVITSANOS & MENSING, P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
`
`
`
`
`
`
`IPR2022-00040
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that on September 12, 2022, counsel for Patent Owner conferred via e-mail
`
`with counsel for the Petitioner regarding the Motion. Based on that conference, the relief requested
`herein is unopposed.
`
`
`/s/ Jason McManis
`Jason McManis
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that LoganTree LP’s Mandatory Notices Under 37 C.F.R. 42.8(a)(2) were
`
`served on October 3, 2022, by electronic mail to the following:
`Lead Counsel
`Back-up Counsel
`W. Karl Renner
`Andrew B. Patrick, Reg. No. 63,471
`Reg. No. 41,265
`Usman A. Khan, Reg. No. 70,439
`Fish & Richardson P.C.
`Kim Leung, Reg. No. 64,399
`3200 RBC Plaza
`3200 RBC Plaza
`60 South Sixth Street
`60 South Sixth Street
`Minneapolis, MN 55402
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Tel: 202-783-5070
`Fax: 877-769-7945
`Fax: 877-769-7945
`IPR50095-00411IP2@fr.com
`PTABInbound@fr.com
`Axf-ptab@fr.com
`patrick@fr.com
`
`khan@fr.com
`leung@fr.com
`
`
`
`
`Dated: October 3, 2022
`
`
`By:
`
`Respectfully Submitted,
`
`/s/ David E. Warden
`David E. Warden
`Reg. No. 35,733
`Attorney for Patent Owner
`LoganTree LP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`AHMAD, ZAVITSANOS & MENSING, P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
`
`
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