`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CRUSOE ENERGY SYSTEMS, LLC
`Petitioner
`
`v.
`
`UPSTREAM DATA INC.
`Patent Owner
`
`Case PGR2023-00052
`Patent No. 11,574,372
`_________________________
`
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. §42.10(c)
`
`Mail Stop: Patent Board
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Active\1606033248.2
`
`1
`
`
`
`PGR2023-00052
`
`Patent Owner respectfully requests that the Board recognize Mr. Yakov
`
`“Jake” Zolotorev as counsel pro hac vice during this proceeding.
`
`1.
`
`Time For Filing
`
`This Motion for Pro Hac Vice Admission is being filed no sooner than
`
`twenty-one (21) days after service of the petition 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 Board Web site under “Representative
`
`Orders, Decisions, and Notices.”
`
`2.
`
`Statement of Facts
`
`As required by the Order Authorizing Motion for Pro Hac Vice, the
`
`following statement of facts shows that there is good cause for the Board to
`
`recognize Mr. Zolotorev pro hac vice.
`
`Mr. Zolotorev has a Juris Doctorate degree in law. Mr. Zolotorev is a
`
`technically trained, experienced patent litigation attorney. He has experience in
`
`numerous patent infringement litigation matters in the federal court system. He
`
`has experience in trials and Markman hearings.
`
`U.S. Patent No. 11,574,372 is currently asserted against Petitioner, Crusoe
`
`Energy Systems, LLC, in a co-pending litigation, Upstream Data Inc. v. Crusoe
`
`Energy Systems LLC, Case No. 1:23-cv-01252, filed May 18, 2023 in the District
`
`of Colorado.
`
`Active\1606033248.2
`
`2
`
`
`
`PGR2023-00052
`
`Mr. Zolotorev has represented Upstream Data Inc. for approximately one
`
`year and is counsel for Upstream Data Inc. in the co-pending litigation and
`
`PGR2023-00039.
`
`He has an established familiarity with the subject matter at issue in this
`
`proceeding. In the co-pending litigation, Mr. Zolotorev is a principal attorney
`
`responsible for the representation of Upstream Data. While the co-pending
`
`litigation is at an early stage, Mr. Zolotorev is involved in infringement case
`
`development, and expects to be involved in invalidity and claim construction
`
`analysis, all of which are related to the petition requesting post-grant review of
`
`U.S. Patent No. 11,574,372. Patent Owner has expended significant financial
`
`resources in the co-pending litigation with Mr. Zolotorev as counsel and wishes to
`
`continue using Mr. Zolotorev as counsel in this proceeding.
`
`Further, counsel for Petitioner does not oppose Mr. Zolotorev appearing pro
`
`hac vice during this proceeding.
`
`Therefore, Patent Owner respectfully submits that there is good cause for the
`
`Board to recognize Mr. Zolotorev as counsel pro hac vice during this proceeding.
`
`Active\1606033248.2
`
`3
`
`
`
`PGR2023-00052
`
`3.
`
`Affidavit or Declaration of Individual Seeking to Appear
`
`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
`
`of Mr. Yakov Zolotorev (Exhibit 2000) as required by Order Authorizing Motion
`
`for Pro Hac Vice in Case IPR2013-00639.
`
`December 11, 2023
`
`Respectfully Submitted,
`
`By: /James M. Heintz, 41,828/
`James M. Heintz, Reg. No. 41,828
`DLA Piper LLP (US)
`11911 Freedom Drive, Suite 300
`Reston, VA 20190
`Phone: 703-773-4148
`Fax: 703-773-5200
`jim.heintz@dlapiper.com
`
`Active\1606033248.2
`
`4
`
`
`
`PGR2023-00052
`
`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.105
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(b) and agreement by the
`
`attorneys listed below and the undersigned, the undersigned certifies that on
`
`December 11, 2023, a complete and entire copy of this Motion for Pro Hac Vice
`
`Admission, together with all supporting documents, were served on Petitioner
`
`electronically by emailing a copy of the same to the following attorney for the
`
`Petitioner:
`
`John Phillips
`Jia Zhu
`PGR54598-0001PS2@fr.com
`
`By:
`
`/James M. Heintz, 41,828/
`James M. Heintz, Reg. No. 41,828
`
`Active\1606033248.2
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
