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UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`ENSIGN US SOUTHERN DRILLING LLC
`Petitioner
`v.
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES
`Patent Owner of Record
`
`________________________
`Case No. IPR2023-00804
`
`Patent No. 10,976,016
`_______________________________
`
`
`PETITIONER ENSIGN US SOUTHERN DRILLING LLC’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`NEIL KELLY
`
`
`DMS 301739622v1
`
`

`

`Case IPR2023-00804
`Patent 10,976,016
`
`Pursuant to 37 C.F.R. § 42.10(c), the Board’s Notice of Filing Date
`
`Accorded (authorizing this motion), and the representative order in Unified
`
`Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013)
`
`(concerning the content of a motion for pro hac vice admission), the Petitioner
`
`respectfully requests that the Board recognize Neil Kelly as counsel pro hac vice
`
`in this proceeding. Patent Owner has indicated it will not oppose this motion.
`
`Statement of Facts
`
`
`
`
`
`1. Mr. Kelly is an experienced litigator. He has litigated numerous
`
`technical and other complex commercial cases over the past 30 years and
`
`tried several cases to verdict, judgment, or arbitration award. Ex. 1055 at ¶2.
`
`2. Mr. Kelly is counsel to Petitioner. Mr. Kelly has been providing
`
`Petitioner (privileged) legal advice in connection with U.S. Patent No.
`
`10,976,016 (“the ʼ016 patent”) and related patents in connection with district
`
`court litigation between the parties to this IPR. Petitioner has requested that Mr.
`
`Kelly help to represent it during the remainder of this trial. Id. at ¶3.
`
`3. Mr. Kelly is familiar with the technology and subject matter at
`
`ssue in this trial. He has reviewed the patent, the papers and evidence filed by
`
`Petitioner. Id. at ¶4.
`
`4. Mr. Kelly is a member in good standing of the State Bar of Texas,
`
`and is admitted to practice before the Southern, Eastern, Northern, and
`
`Western Districts of Texas and the Courts of Appeals for the Third and Fifth
`2
` DMS 301739622v1
`
`

`

`
`
`
`
`Case IPR2023-00804
`Patent 10,976,016
`
`Circuits. Id. at ¶5.
`
`5. Mr. Kelly has not been suspended or disbarred from practice
`
`before any court or administrative body. Id. at ¶6.
`
`6. Mr. Kelly has not had any application for admission to practice
`
`before any court or administrative body denied. Id. at ¶7.
`
`7. Mr. Kelly has not been the subject of any sanctions or contempt
`
`citations imposed by any court to administrative body. Id. at ¶8.
`
`8. Mr. Kelly has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules of Practice for Trial set forth in part 42 of
`
`37 C.F.R. Id. at ¶9.
`
`9. Mr. Kelly will be subject to the USPTO Rules of Professional
`
`Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a). Id. at ¶10.
`
`10.
`
`In the last three (3) years, Mr. Kelly has not appeared pro hac vice
`
`before this administrative body.
`
`11. Petitioner’s lead counsel, Gregory L. Porter, is registered to practice
`
`before the United States Patent and Trademark Office (“USPTO”) and holds
`
`Registration No. 40,131.
`
`12. Patent Owner does not oppose this motion.
`
`Accordingly, good cause exists for the granting of this motion, and Petitioner
`
`respectfully requests that Neil Kelly be admitted pro hac vice.
`3
` DMS 301739622v1
`
`

`

`Dated: November 13, 2023
`
`
`
`
`
`Case IPR2023-00804
`Patent 10,976,016
`
`
` /Gregory L. Porter/
`Gregory L. Porter, Reg. No. 40,131
`gregporter@andrewskurth.com
`Hunton Andrews Kurth LLP
`600 Travis Ste. 4200
`Houston, TX 77002
`Telephone: 713-449-9687
`Facsimile: 713-220-4285
`
`Attorneys for Petitioner Ensign US Southern Drilling
`LLC
`
` DMS 301739622v1
`
`4
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that today in
`
`Ensign US Southern Drilling LLC v. C&M Oilfield Rentals LLC D/B/A C-Mor
`Energy Services., IPR2023-00804
`I caused to be served a copy of:
`
`Motion for Pro Hac Vice Admission of Neil Kelly and Accompanying
`Exhibit 1055
`Petitioner’s Updated Exhibit List
`Certificate of Service
`Upon the following via electronic service to the email addresses below:
`MLB-CM-IPR-Team@morganlewis.com
`
`
`Dated: November 13, 2023
`
`
` /Gregory L. Porter/
`Gregory L. Porter, Reg. No. 40,131
`gregporter@andrewskurth.com
`
`Hunton Andrews Kurth LLP
`600 Travis Ste. 4200
`Houston, TX 77002
`Telephone: 713-449-9687
`Facsimile: 713-220-4285
`
`Attorneys for Petitioner Ensign US Southern Drilling
`LLC
`
` DMS 301739622v1
`
`

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