UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNDER ARMOUR, INC.
`Petitioner,
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`v.
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`ADIDAS AG,
`Patent Owner.
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`Case No. IPR2015-00698
`U.S. Patent No. 8,092,345
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`MOTION FOR PRO HAC VICE ADMISSION UNDER
`37 C.F.R. § 42.10
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`UNDER ARMOUR, INC.
`Petitioner,
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`v.
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`
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`ADIDAS AG,
`Patent Owner.
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`
`
`
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`
`
`Case No. IPR2015-00698
`U.S. Patent No. 8,092,345
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`
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`
`
`
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`MOTION FOR PRO HAC VICE ADMISSION UNDER
`37 C.F.R. § 42.10
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`Petitioner Under Armour, Inc. (“Petitioner”) files this motion for pro hac
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`vice admission under 37 C.F.R. § 42.10(c), as authorized in the Notice of Filing
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`Date Accorded, Paper No. 3. The Board requires that such motions be filed in
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`accordance with the “Order – Authorizing Motion for Pro Hac Vice Admission” in
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`Case IPR2013-00639, Paper 7 (“Order”).
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`Petitioner respectfully requests that the Board recognize Mr. Zachary C.
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`Garthe as counsel pro hac vice during this proceeding.
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`1. Time for Filing
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`This motion for pro hac vice admission is filed no sooner than twenty-one
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`(21) days after service of the petition, as required by the Order.
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`2. Statement of Facts
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`The following statement of fact shows that there is good cause for the Board
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`to recognize Mr. Garthe pro hac vice.
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`Mr. Garthe is an experienced litigation attorney, and has been involved in
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`numerous litigations involving patent infringement in District Courts across the
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`country. Mr. Garthe’s biography is attached hereto as Exhibit 1015.
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`U.S. Patent No. 8,092,345 is currently asserted in adidas AG v. Under
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`Armour et al., Case No. 14-130 (D. Del.) (“the co-pending litigation”). Mr. Garthe
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`is counsel for Petitioner in the co-pending litigation and, as such, has an
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`2
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`
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`established familiarity with the subject matter at issue in this proceeding. Petitioner
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`wishes to continue using Mr. Garthe as counsel in this proceeding.
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`Further, counsel for Patent Owner does not oppose Mr. Garthe appearing
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`pro hac vice during this proceeding.
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`Therefore, Petitioner respectfully submits that there is good cause for the
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`Board to recognize Mr. Garthe as counsel pro hac vice during this proceeding.
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`3.
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`Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by the declaration
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`of Mr. Zachary C. Garthe, as required by authorization of the Board.
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`Respectfully submitted,
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` /
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` Brian E. Ferguson /
`Brian E. Ferguson (Reg No. 36,801)
`Anish R. Desai (Reg. No. 73,760)
`Christopher T. Marando (Reg. No. 67,898)
`W. Sutton Ansley (Reg. No. 67,828)
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7000
`brian.ferguson@weil.com
`anish.desai@weil.com
`christopher.marando@weil.com
`sutton.ansley@weil.com
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`
`3
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`Dated: March 11, 2016
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`DECLARATION OF MR. ZACHARY C. GARTHE IN SUPPORT
`OF MOTION FOR PRO HAC VICE ADMISSION
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`I, Zachary C. Garthe, am over eighteen years of age and would be
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`competent to testify as to the matters set forth herein if called upon to do so.
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`1.
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`I am an attorney in the law firm of Weil, Gotshal & Manges LLP. I
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`have over two years of experience as a patent litigator and have represented
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`clients in numerous patent litigation cases in various United States District
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`Courts.
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`2.
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`My educational and professional backgrounds make me familiar
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`with the subject matter at hand. See Exhibit 1015. I am comfortable and
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`experienced with technically and legally complex matters such as will be present
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`in this proceeding.
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`3.
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`I am a member in good standing of the state bar of Colorado and the
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`bar of the District of Columbia.
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`4.
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`I have not been suspended or disbarred from practice before any
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`court or administrative body.
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`5.
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`I have never had an application for admission to practice before
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`any court or administrative body denied.
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`6.
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`No sanction or contempt citation has been imposed against me by
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`any court or administrative body.
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`4
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`7.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`8.
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`I 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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`9.
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`I have not applied to appear pro hac vice in any proceedings before
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`the USPTO in the last three years.
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`10.
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`I am familiar with the subject matter at issue in the proceeding. I
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`am co-counsel for Petitioner in a co-pending litigation, adidas AG v. Under
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`Armour et al., Case No. 14-130 (D. Del.), in which U.S. Patent No. 8,092,345 is
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`currently asserted. I therefore have an established familiarity with the subject
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`matter at issue in this proceeding, including the prior art.
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`11.
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`I am an experienced litigation attorney, with experience in
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`numerous litigations involving patent infringement in District Courts across the
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`country. My biography is attached hereto as Exhibit 1015.
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`5
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`I declare under penalty of perjury that the foregoing Declaration is true and
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`Respectfully submitted,
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` /
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` Zachary C. Garthe /
`Zachary C. Garthe
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7000
`zachary.garthe@weil.com
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`6
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`correct.
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`Dated: March 11, 2016
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on March 11, 2016 the foregoing
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`MOTION FOR PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10, a
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`copy of the Declaration of Mr. Zachary C. Garthe in Support of Motion for Pro
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`Hac Vice Admission, and Exhibit 1015 was served via electronic mail, upon the
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`following:
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`Mitchell G. Stockwell
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`mstockwell@kilpatricktownsend.com
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`Wab P. Kadaba
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`wkadaba@kilpatricktownsend.com
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`Jonathan D. Olinger
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`jolinger@kilpatricktownsend.com
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`/ Timothy J. Andersen / c
`Timothy J. Andersen
`Case Manager
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7075
`timothy.andersen@weil.com
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`7
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