Filed on behalf of:
`Andrea Electronics Corporation
`By: William D. Belanger (Lead Counsel)
`
`belangerw@pepperlaw.com
`
`Frank D. Liu (Back-up Counsel)
`
`liuf@pepperlaw.com
`
`Paper No. ____
`Date: March 30, 2020
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`ANDREA ELECTRONICS CORPORATION,
`Patent Owner.
`
`_________________
`
`Case IPR2017-00626
`Patent 6,363,345
`_________________
`
`
`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
`ANDREW P. ZAPPIA UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`#57357818
`
`
`Andrea Electronics Corporation
`By: William D. Belanger (Lead Counsel)
`
`belangerw@pepperlaw.com
`
`Frank D. Liu (Back-up Counsel)
`
`liuf@pepperlaw.com
`
`Paper No. ____
`Date: March 30, 2020
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`ANDREA ELECTRONICS CORPORATION,
`Patent Owner.
`
`_________________
`
`Case IPR2017-00626
`Patent 6,363,345
`_________________
`
`
`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
`ANDREW P. ZAPPIA UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`#57357818
`
`
`
`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Motion for Pro Hac Vice Admission
`
`
`Pursuant to 37 C.F.R. § 42.10, and pursuant to the authorization provided by
`
`the United States Patent and Trademark Office’s (“USPTO”) Patent Trial and
`
`Appeal Board (the “Board”) in Paper 5, dated January 31, 2017 (“the Notice”),
`
`Patent Owner Andrea Electronics Corporation (“Patent Owner”) hereby submits
`
`this motion for Andrew P. Zappia to appear pro hac vice. Patent Owner
`
`respectfully requests the Board to recognize Mr. Zappia as counsel pro hac vice
`
`during this proceeding and demonstrates good cause for doing so as shown below.
`
`I.
`
`
`
`TIME FOR FILING
`
`Pursuant to the authorization provided in the Notice, this motion for pro hac
`
`vice admission is being filed no sooner than twenty-one days after service of the
`
`Petition for Inter Partes Review (the “Petition”).
`
`II.
`
`STATEMENT OF FACTS
`
`
`
`A. Andrew P. Zappia
`
`Pursuant to the Notice, the following statement of facts shows that good
`
`cause exists for the Board to recognize Mr. Zappia pro hac vice.
`
`Lead counsel for this proceeding, William D. Belanger, is a registered
`
`practitioner (Registration No. 40,509).
`
`Back-up counsel for this proceeding, Frank D. Liu, is a registered
`
`practitioner (Registration No. 64,682).
`
`1
`
`
`
`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Motion for Pro Hac Vice Admission
`
`
`Mr. Zappia is an experienced litigation attorney with over twenty-three (23)
`
`years of litigation experience. EX2008, ¶8. He has been involved in dozens of
`
`patent infringement cases in federal district courts across the United States.
`
`EX2008, ¶8. He has experience in various aspects of patent infringement matters,
`
`including all aspects of litigation leading up to and including jury trials and bench
`
`trials. EX2008, ¶8.
`
`Mr. Zappia is a member in good standing of the Bar of the State of New
`
`York and the Bar of the District of Columbia, and is admitted to practice before the
`
`U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the
`
`Second Circuit, and the following U.S. District Courts: the Western District of
`
`New York, Eastern District of New York, Southern District of New York,
`
`Northern District of New York, District of North Dakota, District of Columbia,
`
`District of Maryland, and Eastern District of Texas. EX2008, ¶2.
`
`Mr. Zappia has not been suspended or disbarred from practice, has never had
`
`any application for admission to practice denied, and has never had any sanctions
`
`or contempt citations imposed against him. EX2008, ¶¶3-5.
`
`Mr. Zappia has obtained substantial familiarity with the involved patent, the
`
`prior art, and the various issues raised in this proceeding. EX2008, ¶8. Moreover,
`
`Mr. Zappia has reviewed the involved patent, the Petition, the prior art, and all
`
`other cited materials. EX2008, ¶8. Given his extensive patent litigation
`
`2
`
`
`
`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Motion for Pro Hac Vice Admission
`
`experience and familiarity with the Petition, the cited materials, and the patented
`
`technology, Mr. Zappia has established familiarity with the subject matter at issue
`
`in this proceeding. EX2008, ¶8.
`
`Mr. Zappia has read and will comply with the Patent Trial and Appeal Board
`
`Consolidated Trial Practice Guide (November 2019), and the Board’s Rules for
`
`Practice for Trials set forth in Part 42 of Title 37 of the Code of Federal
`
`Regulations, and he agrees to be subject to the USPTO’s Rules of Professional
`
`Conduct as set forth in 37 C.F.R. §§ 11.101 et seq., and to disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a). EX2008, ¶¶6-7.
`
`Mr. Zappia has been admitted pro hac vice in unrelated Case Nos. IPR2019-
`
`00577, IPR2019-0578, IPR2019-00579, IPR2019-00580, IPR2019-00581,
`
`IPR2019-00582, IPR2019-01311, IPR2019-01312, IPR2019-01359, IPR2019-
`
`01360, IPR2019-01361, IPR2019-01220, IPR2019-01221, IPR2019-01228,
`
`IPR2019-01254, IPR2019-01255, IPR2019-01256, IPR2019-01257, IPR2019-
`
`01262, IPR2019-01513, IPR2019-01515, IPR2019-015158, IPR2019-01520,
`
`IPR2019-01521, IPR2019-01522, IPR2019-01636, and IPR2019-01637. EX2008,
`
`¶9.
`
`Mr. Zappia has also put in a limited appearance on behalf of a non-party in
`
`related matter In re Certain Audio Processing Hardware, Software, and Products
`
`3
`
`
`
`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Motion for Pro Hac Vice Admission
`
`Containing the Same, United States International Trade Commission, Inv. No. 337-
`
`TA-1026. EX2008, ¶10.
`
`Counsel for Petitioner has informed counsel for Patent Owner that it does
`
`not oppose the relief requested in this Motion.
`
`Given Mr. Zappia’s familiarity with the subject matter at issue in this
`
`proceeding, Patent Owner respectfully submits that it has shown good cause for the
`
`Board to recognize Mr. Zappia as counsel pro hac vice during this proceeding.
`
`III. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`
`
`
`This Motion is accompanied by the Declaration of Andrew P. Zappia (see
`
`
`
`
`/Frank D. Liu/
`Frank D. Liu (Back-up Counsel)
`Registration No. 64,682
`
`EX2008).
`
`Date: March 30, 2020
`
`Pepper Hamilton LLP
`125 High Street, 19th Floor
`Boston, MA 02110
`Tel: (617) 204-5117
`Fax: (617) 204-5150
`E-mail: liuf@pepperlaw.com
`
`
`
`4
`
`
`
`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Motion for Pro Hac Vice Admission
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), this is to certify that on this 30th day of
`
`March, 2020, I caused to be served a true and correct copy of the foregoing
`
`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
`
`ANDREW P. ZAPPIA UNDER 37 C.F.R. § 42.10 (and EXHIBIT 2008) by e-
`
`mail on the following counsel of record (as agreed in the Service Information
`
`section of the Petition):
`
`
`
`
`
`
`
`
`
`Jeffrey P. Kushan (Lead Counsel)
`E-mail: jkushan@sidley.com
`Service e-mail: iprnotices@sidley.com
`
`Steven S. Baik (Back-up Counsel)
`E-mail: sbaik@sidley.com
`Service e-mail: iprnotices@sidley.com
`
`Thomas A. Broughan III (Back-up Counsel)
`E-mail: tbroughan@sidley.com
`Service e-mail: iprnotices@sidley.com
`
`Counsel for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`/Frank D. Liu/
`Frank D. Liu (Back-up Counsel)
`Registration No. 64,682
`
`5
`
`
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