`Filed on behalf of Amazon.com, Inc.
`By: Colin B. Heideman
`Joseph R. Re
`Nathan D. Reeves
`Logan P. Young
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 4th Ave., Suite 2500
`Seattle, WA 98104
`Telephone: 206-405-2000
`Facsimile: 206-405-2001
`Email: BoxSEAZN2L1925LP6@knobbe.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`AMAZON.COM, INC.,
`Petitioner,
`
`v.
`
`JAWBONE INNOVATIONS, LLC,
`Patent Owner.
`
`
`
`Filed: July 6, 2023
`
`
`
`
`
`
`IPR2023-00251
`U.S. Patent No. 11,122,357
`
`
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`UNOPPOSED MOTION FOR MARK LEZAMA TO APPEAR
`PRO HAC VICE ON BEHALF OF PETITIONER AMAZON.COM, INC.
`
`
`
`Amazon.com, Inc. v. Jawbone Innovations, LLC
`IPR2023-00251
`
`
`
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`STATEMENT OF THE PRECISE RELIEF REQUESTED
`
`Pursuant to the Board’s December 8, 2022 Notice of Filing Date Accorded
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`(Paper 3) and 37 C.F.R. §§ 42.10(c) and 42.22, Petitioner Amazon.com, Inc., hereby
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`moves for an order allowing Mark Lezama of Knobbe, Martens, Olson & Bear, LLP,
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`to appear pro hac vice on behalf of Petitioner in this matter. Petitioner has conferred
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`with Patent Owner, and Patent Owner stated it does not oppose this motion.
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` LIST OF EXHIBITS RELIED UPON FOR THIS MOTION
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`Exhibit 1014 - Declaration of Mark Lezama in Support of Motion to Appear Pro
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`Hac Vice on Behalf of Petitioner.
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` REASONS THE REQUESTED RELIEF SHOULD BE GRANTED
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`As set forth below in the Statement of Material Facts, Petitioner has made all
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`of the showings required under 37 C.F.R. § 42.10(c) for recognizing Mr. Lezama
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`pro hac vice. In particular, Mr. Lezama is an experienced litigation attorney who
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`has represented clients in numerous patent-related cases in various United States
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`district courts and on appeal, including technically and legally complex matters such
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`as will be present in this proceeding. Accordingly, allowing Mr. Lezama to appear
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`pro hac vice on behalf of Petitioner is appropriate in this proceeding.
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` STATEMENT OF MATERIAL FACTS
`
`1.
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`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
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`-1-
`
`
`
`Amazon.com, Inc. v. Jawbone Innovations, LLC
`IPR2023-00251
`
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`that lead counsel be a registered practitioner and to any other conditions as the
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`Board may impose. For example, where the lead counsel is a registered practitioner,
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`a motion to appear pro hac vice by counsel who is not a registered practitioner may
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`be granted upon showing that counsel is an experienced litigating attorney and has
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`an established familiarity with the subject matter at issue in the proceeding.”
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`2.
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`Lead counsel for Petitioner in this inter partes review proceeding is
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`Colin B. Heideman. Mr. Heideman is registered to practice before the United States
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`Patent and Trademark Office and holds Registration No. 61,513.
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`3.
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`As set forth in Exhibit 1014, Mr. Lezama is an experienced litigating
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`attorney and has an established familiarity with the subject matter at issue in this
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`proceeding. (Ex. 1014 ¶¶ 2-5.) In particular, Mr. Lezama is admitted to practice
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`before the United States Court of Appeals for the Federal Circuit, and over the past
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`16 years, he has represented clients in numerous patent litigations across the United
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`States. (Id. ¶ 2.) Mr. Lezama is counsel of record for Petitioner in the parallel dis-
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`trict-court litigation and has been involved in developing invalidity contentions for
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`the ’357 patent in that case. (Id. ¶ 5.) In addition, Mr. Lezama has experience in
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`inter partes review proceedings, having previously been admitted before the Board
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`pro hac vice in Amazon.com, Inc. and Amazon Web Services, LLC v. Personalized
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`-2-
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`
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`Amazon.com, Inc. v. Jawbone Innovations, LLC
`IPR2023-00251
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`Media Communications, LLC, Case IPR2014-01528, and Guest Tek Interactive En-
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`tertainment Ltd. v. Nomadix, Inc., Cases IPR2019-00211 and IPR2019-00253. (Id.
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`¶ 3.)
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`4.
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`Further, Mr. Lezama holds a bachelor’s degree in mathematics from
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`Harvard College. (Id. ¶ 4.)
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`5. Mr. Lezama is familiar with U.S. Patent 11,122,357 and with the legal
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`subject matter, technical subject matter, and cited art discussed in the petition for
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`inter partes review of the ’357 patent. (Id. ¶ 5.) In view of his legal experience,
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`technical background, and familiarity with the issues in the present matter, Petitioner
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`has requested his services in the present matter. (Id.) Denial of his appearance in
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`this case would create an undue burden on Petitioner. (Id.)
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`6. Mr. Lezama has read and will comply with the Office Patent Trial Prac-
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`tice Guide and the Board’s Rules of Practice for Trials set forth in Part 42 of Title
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`37 of the Code of Federal Regulations. (Id. ¶ 10.) Mr. Lezama also agrees to be
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`subject to the United States Patent and Trademark Office Rules of Professional Con-
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`duct set forth in 37 C.F.R. §§ 11.101 et seq., and disciplinary jurisdiction under 37
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`C.F.R. § 11.19(a). (Id. ¶ 11.)
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`7.
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`Finally, Mr. Lezama has attested to the remaining elements of Para-
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`graph 2(b) of the representative “Order – Authorizing Motion for Pro Hac Vice Ad-
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`mission” in Case IPR2013-00639, Paper 7. (Id. ¶¶ 6-12; see Notice of Filing Date
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`-3-
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`
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`Amazon.com, Inc. v. Jawbone Innovations, LLC
`IPR2023-00251
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`Accorded to Petition and Time for Filing Patent Owner Preliminary Response (Paper
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`3) at 2.)
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` CONCLUSION
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`In view of the foregoing, and having satisfied the requirements of 37 C.F.R.
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`§ 42.10(c), Petitioner hereby moves for an Order allowing Mark Lezama of Knobbe,
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`Martens, Olson & Bear, LLP, to appear pro hac vice on behalf of Petitioner in this
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`matter.
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`July 6, 2023
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`Respectfully submitted,
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
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`
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`/Nathan D. Reeves/
`Colin B. Heideman (Reg. No. 61,513)
`Joseph R. Re (Reg. No. 31,291)
`Nathan D. Reeves (Reg. No. 77,806)
`Logan P. Young (Reg. No. 79,294)
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`Counsel for Petitioner,
`AMAZON.COM, INC.
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`-4-
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`Amazon.com, Inc. v. Jawbone Innovations, LLC
`IPR2023-00251
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of UNOPPOSED MOTION FOR
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`MARK LEZAMA TO APPEAR PRO HAC VICE ON BEHALF OF
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`PETITIONER AMAZON.COM, INC. is being served on July 6, 2023, via elec-
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`tronic mail pursuant to 37 C.F.R. § 42.6(e) and with the agreement of counsel for
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`Petitioner, at the addresses below:
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`Enrique W. Iturralde
`eiturralde@fabricantllp.com
`Richard M. Cowell
`rcowell@fabricantllp.com
`PTAB@fabricantllp.com
`
`Peter Lambrianakos
`plambrianakos@fabricantllp.com
`Alfred R. Fabricant
`ffabricant@fabricantllp.com
`Vincent J. Rubino, III
`vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
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`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
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`July 6, 2023
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`
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`57867187
`
` /Nathan D. Reeves/
`Counsel for Petitioner,
`AMAZON.COM, INC.
`
`
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`-5-
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`
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