`___________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
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`HTC CORPORATION AND HTC AMERICA, INC.,
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`Petitioners,
`v.
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`JOE ANDREW SALAZAR,
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`Patent Owner
`__________
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`Case IPR2018-00273
`
`Patent 5,802,467
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`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
`DARIUSH KEYHANI UNDER 37 C.F.R. § 42.10(c)
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`
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`I.
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`INTRODUCTION
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Joe Andrew Salazar respectfully requests
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`the pro hac vice admission of Dariush Keyhani in this proceeding. Petitioners do not oppose this
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`motion.
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`II.
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`GOVERNING LAW
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`37 C.F.R. § 42.10(c) governs motions for pro hac vice admission in IPR proceedings and
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`provides that
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`The [USPTO Patent Trial and Appeal] 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.
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`Motions for pro hac vice admission under 37 C.F.R. § 42.10(c) should be filed in accordance with
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`the “Order Authorizing Motion for Pro Hac Vice Admission” entered in Unified Patents, Inc. v.
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`Parallel Iron, LLC, IPR2013-00639, Paper 7 (Oct. 15, 2013). In that Order, the Board explained
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`that a motion for pro hac vice admission must (1) “[c]ontain a statement of facts showing there is
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`good cause for the Board to recognize counsel pro hac vice during the proceeding” and (2) “[b]e
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`accompanied by an affidavit or declaration of the individual seeking to appear attesting to the
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`following:
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`i.
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`Membership in good standing of the Bar of at least one State or the District of
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`Columbia;
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`ii.
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`No suspensions or disbarments from practice before any court or administrative
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`body;
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`iii.
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`No application for admission to practice before any court or administrative body
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`ever denied;
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`iv.
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`v.
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`No sanctions or contempt citations imposed by any court or administrative body;
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`The individual seeking to appear has read and will comply with the Office Patent
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`Trial Practice Guide and 3 the Board’s Rules of Practice for Trials set forth in part
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`42 of 37 C.F.R.;
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`vi.
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`The individual will be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a);
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`vii.
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`All other proceedings before the Office for which the individual has applied to
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`appear pro hac vice in the last three (3) years; and
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`viii.
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`Familiarity with the subject matter at issue in the proceeding.”
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`III.
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`GOOD CAUSE EXISTS FOR ADMITTING MR. KEYHANI PRO HAC VICE IN
`THIS PROCEEDING
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`“The Board may recognize counsel pro hac vice during a proceeding upon a showing of
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`good cause, subject to the condition that lead counsel be a registered practitioner and to any other
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`conditions as the Board may impose.” 37 C.F.R. § 42.10(c). Patent Owner’s lead counsel, Jennifer
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`Meredith, is a registered practitioner (Reg. No. 47,790).
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`Further, based on the facts set forth in this motion, as supported by Mr. Keyhani’s
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`Declaration, there is good cause to admit Mr. Keyhani pro hac vice in this proceeding. Mr.
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`Keyhani
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`is litigation counsel representing Patent Owner Joe Andrew Salazar in parallel
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`proceedings in federal district court for infringement of the patent claims and also defending the
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`validity of the claims for counterclaims for invalidity brought by Petitioner HTC Corporation. For
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`over two years, Mr. Keyhani has been preparing and prosecuting this case and has been involved
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`consistently and substantively in this matter. He has read in detail and understands the challenged
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`patent, U.S. Patent No. 5,802,467 (which covers a “Wireless and Wired Communications,
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`Command, Control and Sensing System for Sound and/or Data Transmission and Reception”), and
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`he has reviewed in detail all of the exhibits in this proceeding. During this time, Mr. Keyhani has
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`studied the patent specification comprehensively and worked closely with the client/inventor to
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`learn the patent and patent technology. He has also worked with technical experts in understanding
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`and learning the technology and the claims of the patent. Additionally, Mr. Keyhani has worked
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`closely and extensively with co-counsel Jennifer Meredith, who is an engineer.
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`Thus, Mr. Keyhani has an established familiarity with the subject matter at issue in this
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`proceeding as well as significant litigation experience and expertise. Accordingly, good cause
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`exists to admit Mr. Keyhani pro hac vice in this proceeding.
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`IV.
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`STATEMENT OF MATERIAL FACTS
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`Based on the following facts, which are supported by the Declaration of Dariush Keyhani,
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`filed concurrently with this motion, Patent Owner requests that Mr. Keyhani be admitted pro hac
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`vice in this proceeding:
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`i.
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`Patent Owner’s lead counsel, Jennifer Meredith, is a registered practitioner (Reg.
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`No. 47,790) (Exh. ¶ 13).
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`ii.
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`iii.
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`Mr. Keyhani is a member of the law firm of Meredith & Keyhani, PLLC (id. ¶ 1).
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`Mr. Keyhani is a member in good standing of the bar of the State of New Jersey.
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`He is also admitted to the bars of the United States District Court for the Southern,
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`Eastern, and Western Districts of New York, the United States District Court for
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`New Jersey, the Second Circuit Court of Appeals, and the Federal Circuit Court of
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`3
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`Appeals. He is regularly admitted pro hac vice in federal courts throughout the
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`United States (id. ¶ 2).
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`iv.
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`Mr. Keyhani is an experienced patent litigation attorney. He has been a patent
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`litigation attorney for more than 15 years. He has been litigating patent cases during
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`this entire time period and has been lead litigation and trial counsel in over two
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`dozen patent infringement cases (id. ¶ 3).
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`v.
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`Mr. Keyhani is regularly admitted pro hac vice in federal courts throughout the
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`United States (id. ¶ 5).
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`vi.
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`Mr. Keyhani is currently in good standing with all states, courts, and bars in which
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`he is admitted (id. ¶ 6).
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`vii. Mr. Keyhani has never been suspended or disbarred from practice before any court
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`or administrative body (id. ¶ 7).
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`viii. No application of Mr. Keyhani for admission to practice before any court or
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`administrative body has ever been denied (id. ¶ 8).
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`ix.
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`No sanctions or contempt citations have ever been imposed against Mr. Keyhani
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`by any court or administrative body (id. ¶ 9).
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`x.
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`Mr. Keyhani has read and will comply with the Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R. (id. ¶
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`10).
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`xi.
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`Mr. Keyhani understands that he will be subject
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`to the Office’s 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. ¶ 11).
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`xii. Mr. Keyhani applied for and received pro hac vice admission before the Board in
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`Kawasaki Rail Car, Inc. v. Blair, IPR2017-01036 and IPR2017-00117. Mr.
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`Keyhani applied for pro hac vice admission before the Board in Masabi, Ltd. v.
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`Bytemark, Inc., IPR2017-01449 and it is currently pending. (id. ¶ 12).
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`V.
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`CONCLUSION
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`For the foregoing reasons, Patent Owner Joe Andrew Salazar respectfully requests that the
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`Board grant pro hac vice admission to Dariush Keyhani in this proceeding.
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`March 14, 2018
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`Respectfully submitted,
`
`/s/ Jennifer Meredith
`Jennifer Meredith
`Meredith & Keyhani, PLLC
`205 Main Street
`East Aurora, New York 14052
`Tel. (646) 546-5253
`Fax (212) 202-3819
`jmeredith@meredithkeyhani.com
`
`/s/ Dariush Keyhani
`Dariush Keyhani (DK-9673)
`Meredith & Keyhani, PLLC
`125 Park Avenue, 25th Floor
`New York, New York 10017
`Tel. (212) 760-0098
`Fax (212) 202-3819
`dkeyhani@meredithkeyhani.com
`
`Counsel for Patent Owner
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on March 14, 2018, a complete and entire copy of the within
`MOTION FOR PRO HAC VICE ADMISSION was emailed to the Petitioners by serving at the
`following addresses:
`
`B. Todd Patterson at tpatterson@pattersonsheridan.com
`Jerry R. Selinger at jselinger@pattersonsheridan.com
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`Respectfully submitted,
`
`/s/ Jennifer Meredith
`Jennifer Meredith
`Meredith & Keyhani, PLLC
`205 Main Street
`East Aurora, NY 14052
`Telephone: (646) 546-5253
`Facsimile: (212) 202-3819
`Counsel for Patent Owner
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