UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`LKQ CORPORATION and
`KEYSTONE AUTOMOTIVE INDUSTRIES, INC.,
`Petitioner,
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`v.
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`GM GLOBAL TECHNOLOGY OPERATIONS LLC,
`Patent Owner.
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`Case IPR2020-00065
`Patent No. D813,120
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`PATENT OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE
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`ADMISSION OF JOSEPH A. HERRIGES
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`UNDER 37 C.F.R. § 42.10(c)
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`LKQ CORPORATION and
`KEYSTONE AUTOMOTIVE INDUSTRIES, INC.,
`Petitioner,
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`v.
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`GM GLOBAL TECHNOLOGY OPERATIONS LLC,
`Patent Owner.
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`Case IPR2020-00065
`Patent No. D813,120
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`PATENT OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE
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`ADMISSION OF JOSEPH A. HERRIGES
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`UNDER 37 C.F.R. § 42.10(c)
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`Case IPR2020-00065
`Attorney Docket: 45343-0015IP1
`PATENT OWNER’S EXHIBIT LIST
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`Exhibit No.
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`Description
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`2001
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`2002
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`2003
`2004
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`Irwin Letter Re LKQ Petition No. 68 for Relief from Seizure and
`Forfeitures Notices, September 28, 2017
`General Motors Electronic Parts Catalog – 2017 Chevrolet Sonic
`Hood
`Declaration of Timothy P. Ketner
`Declaration of Joseph A. Herriges
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`Case IPR2020-00065
`Attorney Docket: 45343-0015IP1
`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner, GM Global Technology
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`Operations LLC, (“Patent Owner”) respectfully requests that the Board recognize
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`Joseph A. Herriges as counsel pro hac vice in this proceeding. Patent Owner
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`conferred with Petitioner, and Petitioner confirmed on February 18, 2020 that it
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`does not oppose this motion. Patent Owner seeks the counsel of Mr. Herriges due
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`to his experience in representing GM in other patent-related matters and
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`particularly due to his familiarity with the substantive and technical issues involved
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`in this proceeding. This motion is authorized by the Notice of Filing Date
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`Accorded to Petition and Time for Filing Patent Owner Preliminary Response that
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`was mailed on November 13, 2019.
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`Where the lead counsel is a registered practitioner, a non-registered
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`practitioner may be permitted to appear pro hac vice “upon a showing that counsel
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`is an experienced litigating attorney and has established familiarity with the subject
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`matter at issue in the proceeding.” 37 C.F.R. § 42.10(c); Unified Patents, Inc. v.
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`Parallel Iron, LLC, Case IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7) (setting
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`forth requirements for pro hac vice admission). As set forth in his declaration
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`submitted herewith (Exhibit 2004), Mr. Herriges is a Principal at Fish &
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`Richardson P.C. and a patent litigation attorney with significant experience
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`advising clients regarding patent matters, including as counsel in litigation
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`involving a wide range of automotive technology. Based on this underlying
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`1
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`Case IPR2020-00065
`Attorney Docket: 45343-0015IP1
`litigation and the other facts detailed below and in his declaration, Mr. Herriges has
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`significant familiarity with the particular subject matter in this proceeding.
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`Additionally, Mr. Herriges was previously granted pro hac vice admission before
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`the PTAB in other IPR proceedings, as explained in his declaration, including
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`several recent proceedings: IPR Case Nos. IPR2014-01427, IPR2014-01428,
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`IPR2015-01781, IPR2015-01783, IPR2015-01788, IPR2015-01789, IPR2017-
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`00433, IPR2019-00024, and IPR2019-00025. He is concurrently applying to
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`appear pro hac vice in IPR2020-00062, IPR2020-00063, IPR2020-00064,
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`IPR2020-00065, PGR2020-00002, PGR2020-00003, PGR2020-00004, and
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`PGR2020-00005.
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`1.
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`Statement of Facts
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`Mr. Herriges is a patent litigation attorney with significant experience
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`representing clients in District Courts across the country, as well as before the
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`United States International Trade Commission. Mr. Herriges has experience in all
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`stages of litigation, from preliminary injunction through trial and appeal, and
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`across a wide range of technologies, including molecular biology, polymer
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`chemistry, retroreflective optics and mechanical engineering issues related to off-
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`road vehicles. GM Global Technology Operations LLC provides Exhibit A
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`(attached to the Declaration of Joseph A. Herriges), as evidence, Joseph A.
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`Herriges’s biography.
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`Case IPR2020-00065
`Attorney Docket: 45343-0015IP1
`Mr. Herriges also has particular experience and familiarity with the
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`substantive and technical issues involved in this proceeding, which he has gained
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`in connection with reviewing the papers filed in this proceeding, the prior art, and
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`the patent-at-issue, as well as through representing GM in other matters.
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`2.
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`Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
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`of Joseph A. Herriges. As Mr. Herriges states in his accompanying Declaration, he
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`has read, will comply with, and agrees to be subject to the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of
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`the Code of Federal Regulations. As also set forth in his Declaration, Mr. Herriges
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`is a member in good standing of the Bar of the State of Minnesota and is admitted
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`to practice in numerous federal courts.
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`Accordingly, GM Global Technology Operations LLC submits that there is
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`good cause under 37 C.F.R. § 42.10(c) for the Board to recognize Joseph A.
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`Herriges as counsel pro hac vice during this proceeding.
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`Date:/February 24, 2020/
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`Customer Number 26191
`Fish & Richardson P.C.
`Telephone: (612) 335-5070
`Facsimile: (877) 769-7945
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`/Dorothy P. Whelan/
`Dorothy P. Whelan, Reg. No. 33,814
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`3
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`Case IPR2020-00065
`Attorney Docket: 45343-0015IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on February
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`24, 2020, a complete and entire copy of this Patent Owner’s Motion for Pro Hac
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`Vice and Exhibit 2004 were provided via email, to the Petitioner by serving the
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`email correspondence addresses of record as follows:
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`Barry F. Irwin, P.C.
`Reid Huefner
`Irwin IP LLC
`222 S. Riverside Plaza
`Suite 2350
`Chicago, IL 60606
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`Email:
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`birwin@irwinip.com; rhuefner@irwinip.com
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`/Christine Rogers/
`Christine Rogers
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(650) 839-5092
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