UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ONE WORLD TECHNOLOGIES, INC.,
`D/B/A TECHTRONIC INDUSTRIES POWER EQUIPMENT
`Petitioner,
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`v.
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`CHERVON (HK) LIMITED,
`Patent Owner.
`
`Case IPR2020-00885
`U.S. Patent No. 9,648,805
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`CHERVON (HK) LIMITED’S MOTION
`FOR PRO HAC VICE ADMISSION OF
`MATTHEW J. LEVINSTEIN UNDER 37 C.F.R. § 42.10(c)
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ONE WORLD TECHNOLOGIES, INC.,
`D/B/A TECHTRONIC INDUSTRIES POWER EQUIPMENT
`Petitioner,
`
`v.
`
`CHERVON (HK) LIMITED,
`Patent Owner.
`
`Case IPR2020-00885
`U.S. Patent No. 9,648,805
`
`CHERVON (HK) LIMITED’S MOTION
`FOR PRO HAC VICE ADMISSION OF
`MATTHEW J. LEVINSTEIN UNDER 37 C.F.R. § 42.10(c)
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`I.
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`RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Chervon (HK) Limited,
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`(“Chervon”), by and through its attorneys, respectfully requests that the Board admit
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`Matthew J. Levinstein pro hac vice in this proceeding.
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`II. GOVERNING LAW, RULES, AND PRECEDENT
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`Section 42.10(c) states as follows:
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`The 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.
`Further, the Board requires that a motion for pro hac vice admission be filed
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`in accordance with the “ORDER-AUTHORIZING MOTION FOR PRO HAC VICE
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`ADMISSION – 37 C.F.R. § 42.10” in Unified Patents, Inc. v. Parallel Iron, LLC,
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`Case No. IPR2013-00639 (“Representative Order”). The Representative Order
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`states that the motion must “[c]ontain a statement of facts showing there is good
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`cause for the Board to recognize counsel pro hac vice during the proceeding,” and
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`“[b]e accompanied by an affidavit or declaration of the individual seeking to appear
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`attesting to the following:”
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`i. Membership in good standing of the Bar of at least one
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`State or the District of Columbia;
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`2
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`ii.
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`No suspensions or disbarments from practice before any
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`court or administrative body;
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`iii. No application for admission to practice before any court
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`or administrative body ever denied;
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`iv. No sanctions or contempt citations imposed by any court
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`or administrative body;
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`v.
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`The individual seeking to appear has read and will comply
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`with the Office Patent Trial Practice Guide and the
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`Board’s Rules of Practice for Trials set forth in part 42 of
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`the C.F.R;
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`vi.
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`The individual will be subject to the USPTO Code of
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`Professional Responsibility set forth in 37 C.F.R. §§
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`10.20 et seq.1 and disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a);
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`vii. All other proceedings before the Office for which the
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`individual has applied to appear pro hac vice in the last
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`three (3) years; and
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`viii. Familiarity with the subject matter at issue in the
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`1 The USPTO Code of Professional Responsibility in 37 C.F.R. § 10.20 et seq. was
`replaced by the USPTO Rules of Professional Conduct in 37 C.F.R. § 11.101 et
`seq., effective May 3, 2013
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`3
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`
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`proceeding.
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`III. STATEMENT OF FACTS
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`Based on the following statement of facts, and supported by the Declaration
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`of Matthew J. Levinstein submitted herewith, Chervon submits that a showing of
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`good cause has been made and respectfully requests the pro hac vice admission of
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`Matthew J. Levinstein in this proceeding:
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`1.
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`Chervon’s lead counsel, James J. Lukas, Jr., is a registered practitioner
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`(Reg. No. 59,114).
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`2.
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`Chervon’s backup counsel, Gary Jarosik, Reg. No. 35,906, Keith
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`Jarosik, Reg. No. 47,683, Benjamin P. Gilford, Reg. No. 72,072, and
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`Callie J. Sand, Reg. No. 73,254, are registered practitioners.
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`3. Mr. Levinstein is a Shareholder at the law firm of Greenberg Traurig,
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`LLP (“Greenberg”). Mr. Levinstein joined Greenberg as an Associate
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`in March 2010. (Declaration of Matthew J. Levinstein in Support of
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`Chervon’s Motion for pro hac vice Admission of Matthew J.
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`Levinstein under 37 C.F.R. § 42.10(c).)
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`4. Mr. Levinstein is an experienced litigating attorney and has specific
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`experience in patent law and patent law litigation. Mr. Levinstein has
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`represented clients in numerous patent infringement actions across the
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`country. Mr. Levinstein has litigated matters through trial and appeal.
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`4
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`(Id.)
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`5. Mr. Levinstein is a member in good standing of the Illinois State Bar.
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`(Id.)
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`6. Mr. Levinstein has never been suspended or disbarred from practice
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`before any court or administrative body. (Id.)
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`7.
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`No application filed by Mr. Levinstein for admission to practice
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`before any court or administrative body has ever been denied. (Id.)
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`8.
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`No sanctions or contempt citations have been imposed against Mr.
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`Levinstein by any court or administrative body. (Id.)
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`9. Mr. Levinstein has read and agrees to comply with the Office Patent
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`Trial Practice Guide and the Board’s Rules of Practice for Trials set
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`forth in part 42 of the C.F.R. (Id.)
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`10. Mr. Levinstein understands that he will be subject to the USPTO
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`Rules of Professional Conduct 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. §11.19(a). (Id.)
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`11. Mr. Levinstein has sought pro hac vice admission in the following
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`matters filed by Universal Remote Control, Inc.: IPR Nos. 2014-
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`01082, 01084, 01102, 01103, 01104, 01106, 01109, 01111, 01112,
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`and 01146. Mr. Levinstein has also sought pro hac vice admission
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`in the following matters filed by Kranos Corporation d/b/a Schutt
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`5
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`Sports: IPR Nos. 2016-01650, 01649, 01646, and 2017-01530. Mr.
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`Levinstein has not applied to appear pro hac vice in any other
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`proceedings before the United States Patent and Trademark Office in
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`the last three (3) years. (Id.)
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`12. Mr. Levinstein has an established familiarity with the subject matter
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`at issue in this, and the other related proceeding noted below. Mr.
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`Levinstein regularly represents Chervon in patent matters. For
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`example, Mr. Levinstein represents Chervon in Chervon (HK)
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`Limited et al. v. One World Technologies, Inc. et al., Case No. 1:19-
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`cv-01293 (D. Del.), which involves the same patent at issue in this
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`IPR. As a result of Mr. Levinstein’s representation of Chervon in that
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`matter, Mr. Levinstein has acquired substantial understanding of the
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`underlying technological issues at stake in this matter.
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`V. GOOD CAUSE EXISTS FOR PRO HAC VICE ADMISSION OF
`MATTHEW J. LEVINSTEIN
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`
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`The facts outlined above in the Statement of Facts, and contained in the
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`Declaration of Matthew J. Levinstein, establish that there is good cause to admit Mr.
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`Levinstein pro hac vice in this proceeding under 37 C.F.R. § 42.10. Chervon’s lead
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`and backup counsel are registered practitioners. Mr. Levinstein is an experienced
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`litigating attorney and has an established familiarity with the subject matter at issue
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`in this, and the other related proceeding noted in Section III., Paragraph 12, supra.
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`6
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`VI. CONCLUSION
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`In light of the foregoing, Chervon respectfully requests that the Board admit
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`Matthew J. Levinstein pro hac vice in this proceeding.
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`Dated: May 22, 2020
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`Respectfully submitted,
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`/James J. Lukas, Jr./
`James J. Lukas, Jr.
`GREENBERG TRAURIG,
`LLP
`77 West Wacker Drive, Suite 3100
`Chicago, Illinois 60601
`(312) 456-8400
`(312) 456-8435
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`Counsel for Chervon (HK) Limited
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`7
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on the below date, I caused the forgoing to
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`be served by electronic mail to the following:
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`Lead Counsel
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`Edward H. Sikorski. (Reg. No. 39,478)
`DLA Piper LLP (US)
`401 B Street, Suite 1700
`San Diego, CA 92101-4297
`Tel.: (619) 699-2645
`Fax: (619) 764-6645
`Ed.Sikorski@us.dlapiper.com
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`Back-Up Counsel
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`James M. Heintz (Reg. No. 41,828)
`DLA Piper LLP (US)
`One Fountain Square, Suite 300
`Reston, VA 20190-5602
`Tel.: (703) 773-4148
`Fax: (703) 773-5008
`James.Heintz@us.dlapiper.com
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`Tiffany Miller (Reg. No. 52,032)
`DLA Piper LLP (US)
`401 B Street, Suite 1700
`San Diego, CA 92101-4297
`Tel.: (619) 699-3445
`Fax: (619) 764-6445
`Tiffany.Miller@us.dlapiper.com
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`Date: May 22, 2020
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`/James J. Lukas, Jr./
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`8
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