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`Filed on behalf of: Meta Platforms, Inc.
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`Entered: June 14, 2023
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
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`META PLATFORMS, INC.
`Petitioner,
`
`v.
`
`ANGEL TECHNOLOGIES GROUP LLC,
`Patent Owner.
`__________________
`Case No. IPR2023-00058
`U.S. Patent No. 9,959,291
`__________________
`
`PETITIONER’S MOTION FOR
`PRO HAC VICE ADMISSION OF SARA L. TOWNSEND
`UNDER 37 C.F.R. § 42.10(c)
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`
`
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`
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`IPR2023-00058 (USP 9,959,291)
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`
`I.
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`RELIEF REQUESTED
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`Petitioner’s Motion for
`PHV Admission
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`Under 37 C.F.R. § 42.10(c) and the Notice of Filing Date Accorded to
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`Petition and Time for Filing Patent Owner Preliminary Response (Paper No. 3),
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`Petitioner Meta Platforms, Inc. (“Petitioner”) respectfully requests the pro hac vice
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`admission of attorney Sara L. Townsend, Esq. in this proceeding.
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`II. LEGAL STANDARD
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`Under 37 C.F.R. § 42.10(c):
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`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 Notice of Filing Date Accorded to Petition and Time for Filing
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`Patent Owner Preliminary Response (Paper No. 3) further instructs:
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`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties
`are authorized to file motions for pro hac vice admission under 37
`C.F.R. § 42.10(c). Such motions shall be filed in accordance with the
`“Order -- Authorizing Motion for Pro Hac Vice Admission” in Case
`IPR2013-00639, Paper 7, a copy of which is available on the
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`
`
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`
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`IPR2023-00058 (USP 9,959,291)
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`
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`Petitioner’s Motion for
`PHV Admission
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`Board Web site under “Representative Orders, Decisions, and
`Notices.”
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`(Id. at 2.) The above referenced “Order -- Authorizing Motion for Pro Hac Vice
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`Admission” further provides:
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`A motion for pro hac vice admission must:
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`a.
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`Contain a statement of facts showing there is good cause for the Board
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`to recognize counsel pro hac vice during the proceeding.
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`b.
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`Be accompanied by an affidavit or declaration of the individual
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`seeking to appear attesting to the following:
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`i. Membership in good standing of the Bar of at least one State or
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`the District of Columbia;
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`ii.
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`No suspensions or disbarments from practice before any court
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`or administrative body;
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`iii. No application for admission to practice before any court or
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`administrative body ever denied;
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`iv. No sanctions or contempt citations imposed by any court or
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`administrative body;
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`v.
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`The individual seeking to appear has read and will comply with
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`the Office Patent Trial Practice Guide and Board’s Rules of
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`Practice for Trials set forth in part 42 of 37 C.F.R.;
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`
`
`2
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`
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`IPR2023-00058 (USP 9,959,291)
`
`
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`Petitioner’s Motion for
`PHV Admission
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`vi.
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`The individual will be subject to the USPTO Rules of
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`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
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`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a);
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`vii. All other proceedings before the Office for which the individual
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`has applied to appear pro hac vice in the last (3) years; and
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`viii. Familiarity with the subject matter at issue in the proceeding.
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`(IPR2013-00639, Paper No. 7 at 2.) As set forth below, and in the accompanying
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`Declaration of Sara L. Townsend (Ex. 1038, “Townsend Decl.”), each of these
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`requirements is satisfied here.
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`III. STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO RECOGNIZE SARA L. TOWNSEND PRO HAC VICE IN
`THIS PROCEEDING
`Ms. Townsend is a member in good standing of the California Bar (Bar No.
`
`320300) and is admitted to practice before the United States District Court for the
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`Central District of California, the United States District Court for the Northern
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`District of California, and the United States District Court for the Eastern District
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`of Texas. (Townsend Decl. ¶1.) Ms. Townsend has never been suspended or
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`disbarred from practice before any court or administrative body. (Id. ¶2.) No
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`application of Ms. Townsend for admission to practice before any court or
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`administrative body has ever been denied. (Id. ¶3.) Nor has any court or
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`administrative body imposed sanctions or contempt citations against Ms.
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`
`
`3
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`
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`IPR2023-00058 (USP 9,959,291)
`
`Petitioner’s Motion for
`PHV Admission
`
`
`Townsend. (Id. ¶4.) Ms. Townsend has read, fully understands, and will comply
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`with the Office Patent Trial Practice Guide and the Board’s Rules of Practice for
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`Trials set forth in Part 42 of Title 37 of the C.F.R. (Id. ¶5.) Ms. Townsend
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`acknowledges and agrees that she will be subject to the USPTO Rules of
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`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a). (Id. ¶6.)
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`Petitioner’s lead counsel in this proceeding, Lisa K. Nguyen, is a
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`registered practitioner (Reg. No. 58,018). Moreover, as set forth below (and in
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`her accompanying declaration), Ms. Townsend is both an experienced and
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`technically trained litigation attorney with an established familiarity with the
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`subject matter at issue in this proceeding.
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`Ms. Townsend received a Bachelor of Science degree in Ecology &
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`Evolution and a Bachelor of Arts degree in Environmental Studies from the
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`University of California, Santa Barbara in 1996. (Id. ¶7.) Ms. Townsend earned a
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`Master of Arts degree in Marine Affairs & Policy from the University of Miami,
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`Rosenstiel School of Marine, Atmospheric and Earth Science in 2002. (Id.) She
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`obtained her Juris Doctor degree from Santa Clara University School of Law in
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`2016. (Id.)
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`Ms. Townsend is an associate in Allen & Overy’s intellectual property
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`practice and focuses on patent litigation. (Id. ¶ 8.) She joined the group in
`4
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`IPR2023-00058 (USP 9,959,291)
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`May 2022. (Id.)
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`Petitioner’s Motion for
`PHV Admission
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`Ms. Townsend has an established familiarity with the subject matter at
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`issue, having been actively involved in analyzing and assisting with the Petitions
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`for Inter Partes Review submitted in this proceeding. (Id. ¶9.)
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`Within the past three years, Ms. Townsend has applied and has been
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`admitted to appear pro hac vice in ResMed, Inc. v. New York University, Nos.
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`IPR2022-00988, IPR2022-00989, IPR2022-00990, IPR2022-00991, IPR2022-
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`00992, IPR2022-00993, and IPR2022-00994. (Id. ¶10.)
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`In view of Ms. Townsend’s knowledge of the subject matter at issue in this
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`proceeding, Petitioner has a substantial need for Ms. Townsend’s pro hac vice
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`admission and her involvement in the continued prosecution of this proceeding.
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`IV. CONCLUSION
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`For all of the reasons set forth above, Petitioner respectfully requests that the
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`Board admit Sara L. Townsend pro hac vice in this proceeding.
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`
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`Dated: June 14, 2023
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`Respectfully submitted,
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`
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`
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`By:
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`
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`
`
`
`
`/Lisa K. Nguyen/
`Lisa K. Nguyen (Reg. No. 58,018)
`lisa.nguyen@allenovery.com
`Allen & Overy LLP
`550 High Street
`Palo Alto, CA 94301
`Telephone: 650.388.1724
`5
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`
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`IPR2023-00058 (USP 9,959,291)
`
`Petitioner’s Motion for
`PHV Admission
`
`
`
`
`
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`
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`Counsel for Petitioner
`Meta Platforms, Inc.
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`
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`6
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`
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`IPR2023-00058 (USP 9,959,291)
`
`
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`Petitioner’s Motion for
`PHV Admission
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 14 day of June, 2023, a
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`true and correct copy of the foregoing Petitioner’s Motion For Pro Hac Vice
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`Admission of Sara L. Townsend Under 37 C.F.R. § 42.10(C) was served by
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`electronic mail on Patent Owner’s lead and backup counsel at the following email
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`addresses:
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`Scott W. Hejny (Reg. No. 45,882)
`shejny@mckoolsmith.com
`
`Arvind Jairam (Reg. No. 62,759)
`ajairam@mckoolsmith.com
`
`Eliza Beeney (pro hac vice)
`ebeeney@mckoolsmith.com
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`Kaylee Hoffner (pro hac vice)
`khoffner@mckoolsmith.com
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`By:
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`/Lisa K. Nguyen/
`Lisa K. Nguyen (Reg. No. 58,018)
`lisa.nguyen@allenovery.com
`Allen & Overy LLP
`550 High Street
`Palo Alto, CA 94301
`Telephone: 650.388.1724
`
`Counsel for Petitioner
`MetaPlatforms, Inc.
`
`7
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`
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