`(309101-2287)
`
`
`
`
`
`IPR2019-00528
`U.S. Patent No. 8,279,173
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`FACEBOOK, INC., INSTAGRAM, LLC, and WHATSAPP INC.,
`Petitioners
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner
`
`
`
`
`Case No. IPR2019-00528
`U.S. Patent No. 8,279,173 B2
`
`
`
`
`PETITIONERS’ MOTION FOR PRO HAC VICE
`ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`IPR2019-00528
`
`Atty Docket No. FABO-090/00US
`U.S. Patent No. 8,279,173
`
`(309101-2287)
`Petitioners Facebook, Inc., Instagram, LLC, and WhatsApp Inc. respectfully
`
`request that the Board recognize Mark R. Weinstein, Esq., as counsel pro hac vice
`
`during this proceeding.
`
`I.
`
`BACKGROUND
`
`Petitioners’ Motion for Pro Hac Vice Admission is being filed in compliance
`
`with and pursuant to the “Order-Authorizing Motion for Pro Hac Vice Admission”
`
`in Case No. IPR2013-00639 (MPT) (the “Order”) and the Board's Notice of Filing
`
`Date Accorded to Petition etc. filed February 8, 2019 (Paper No. 6).
`
`II.
`
`STATEMENT OF FACTS
`
`As required by the Order, the following statement of facts shows that there is
`
`good cause for the Board to recognize Mr. Weinstein pro hac vice.
`
`Mr. Weinstein is an experienced litigation attorney and has been involved in
`
`numerous complex litigations in state and federal courts. Mr. Weinstein’s biography
`
`is attached hereto as Exhibit 1019 to this Motion.
`
`Mr. Weinstein has reviewed U.S. Patent No. 8,279,173, and the petition
`
`already filed in this proceeding. Further, Mr. Weinstein is counsel for Facebook,
`
`Inc., Instagram, LLC and WhatsApp Inc. in the pending litigation between the
`
`parties involving U.S. Patent No. 8,279,173 before the U.S. District Court for the
`
`Central District of California entitled BlackBerry Limited v. Facebook, Inc., et al.,
`
`
`
`
`
`-1-
`
`
`
`
`
`IPR2019-00528
`
`Atty Docket No. FABO-090/00US
`U.S. Patent No. 8,279,173
`
`(309101-2287)
`Case No. 2:18-cv-01844-GW, and, as such, is familiar with the subject matter at
`
`issue in this proceeding.
`
`Therefore, Petitioners respectfully submit that there is good cause for the
`
`Board to recognize Mr. Weinstein as counsel pro hac vice during this proceeding.
`
`III. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission is accompanied by a
`
`Declaration of Mark R. Weinstein attached hereto as Exhibit 1020 as required by the
`
`Order.
`
`
`Dated: October 16, 2019
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`Respectfully submitted,
`
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`Counsel for Petitioners
`
`
`
`
`
`-2-
`
`
`
`
`
`Atty Docket No. FABO-090/00US
`
`(309101-2287)
`
`CERTIFICATE OF SERVICE
`
`IPR2019-00528
`U.S. Patent No. 8,279,173
`
`
`
`I hereby certify, pursuant to 37 C.F.R. Section 42.6, that a complete copy of
`the attached PETITIONERS’ MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c) and related documents, are being served via
`electronic mail on the 16th day of October, 2019, upon the Patent Owner by serving
`its counsel of record as follows:
`
`
`James M. Glass
`(jimglass@quinnemanuel.com)
`Richard Lowry
`(richardlowry@quinnemanuel.com)
`QUINN EMANUEL
`(Facebook-IPR528@quinnemanuel.com)
`
`
`DATED: October 16, 2019
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`COOLEY LLP
`
`
`-3-
`
`
`
`
`
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`
`
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