UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Under Armour Inc.
`
`Petitioner
`
`
`
`v.
`
`adidas AG,
`
`Patent Owner
`
`
`
`Case No. IPR2015-00698
`Patent No. 8,092,345
`
`
`MOTION FOR PRO HAC VICE ADMISSION UNDER
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Under Armour Inc.
`
`Petitioner
`
`
`
`v.
`
`adidas AG,
`
`Patent Owner
`
`
`
`Case No. IPR2015-00698
`Patent No. 8,092,345
`
`
`MOTION FOR PRO HAC VICE ADMISSION UNDER
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`IPR2015-00687
`U.S. Patent No. 8,092,345
`Patent Owner’s Motion for PHV Admission
`
`
`
`Patent Owner adidas AG (“Patent Owner”) files this motion for pro hac vice
`
`admission under 37 C.F.R. § 42.10(c), as authorized in the Notice of Filing Date
`
`Accorded, Paper No. 5. The Board requires that such motions be filed in
`
`accordance with the “Order – Authorizing Motion for Pro Hac Vice Admission” in
`
`Case IPR2013-00639, Paper 7 (“Order”).
`
`
`
`Patent Owner respectfully requests that the Board recognize Mr. Jonathan D.
`
`Olinger as counsel pro hac vice during this proceeding.
`
`1.
`
`
`
`Time for Filing
`
`This motion for pro hac vice admission is filed no sooner than twenty-one
`
`(21) days after service of the petition, as required by the Order.
`
`2.
`
`
`
`Statement of Facts
`
`The following statement of fact shows that there is good cause for the Board
`
`to recognize Mr. Olinger pro hac vice.
`
`
`
`Mr. Olinger is an experienced litigation attorney, and has been involved in
`
`numerous litigations involving patent infringement in District Courts across the
`
`country. Mr. Olinger has experience in jury and bench trials, and Markman
`
`hearings. Mr. Olinger’s biography is attached hereto as Exhibit 2001.
`
`
`
`U.S. Patent No. 8,092,345 is currently asserted against Petitioner in adidas
`
`AG v. Under Armour et al., Case No. 14-130 (D. Del.) (“the co-pending
`
`
`
`IPR2015-00687
`U.S. Patent No. 8,092,345
`Patent Owner’s Motion for PHV Admission
`
`
`
`litigation”). Mr. Olinger is counsel for adidas AG in the co-pending litigation and,
`
`as such, has an established familiarity with the subject matter at issue in this
`
`proceeding. In the co-pending litigation, Mr. Olinger has reviewed prior art,
`
`developed validity arguments, and currently is involved in expert discovery.
`
`Patent Owner has expended significant financial resources in the co-pending
`
`litigation with Mr. Olinger as counsel, and Patent Owner wishes to continue using
`
`Mr. Olinger as counsel in this proceeding.
`
`
`
`Further, counsel for Petitioner does not oppose Mr. Olinger appearing pro
`
`hac vice during this proceeding.
`
`
`
`Therefore, Patent Owner respectfully submits that there is good cause for the
`
`Board to recognize Mr. Olinger as counsel pro hac vice during this proceeding.
`
`3.
`
`
`
`Affidavit or Declaration of Individual Seeking to Appear
`
`This Motion for Pro Hac Vice Admission is accompanied by the declaration
`
`of Mr. Jonathan D. Olinger, as required by authorization of the Board.
`
`
`
`Dated: October 22, 2015
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`
`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
`
`
`
`
`
`
`
`IPR2015-00687
`U.S. Patent No. 8,092,345
`Patent Owner’s Motion for PHV Admission
`
`
`
`DECLARATION OF MR. JONATHAN D. OLINGER IN SUPPORT
`
`OF MOTION FOR PRO HAC VICE ADMISSION
`
`
`
`I, Jonathan D. Olinger, am over eighteen years of age and would be
`
`competent to testify as to the matters set forth herein if called upon to do so.
`
`
`
`1.
`
`I am a member in good standing of the state bar of Georgia, as well as
`
`the following Federal Courts:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`a)
`
`b)
`
`c)
`
`U.S. District Court for the Northern District of Georgia;
`
`U.S. District Court for the Eastern District of Texas; and
`
`U.S. District Court for the District of Colorado
`
`2.
`
`I have not been suspended or disbarred from practice before any court
`
`or administrative body.
`
`
`
`3.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`
`
`4.
`
`No sanction or contempt citation has been imposed against me by any
`
`court or administrative body.
`
`
`
`5.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`
`
`IPR2015-00687
`U.S. Patent No. 8,092,345
`Patent Owner’s Motion for PHV Admission
`
`
`
`6.
`
`I 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).
`
`
`
`7.
`
`During the past 3 years I have applied to appear pro hac vice before
`
`the Office in no other proceedings.
`
`
`
`8.
`
`I am familiar with the subject matter at issue in the proceeding. I am
`
`co-counsel for adidas AG in a co-pending litigation, adidas AG v. Under Armour et
`
`al., Case No. 14-130 (D. Del.), in which U.S. Patent No. 8,092,345, is currently
`
`asserted against Petitioner Under Armour et al. In the co-pending litigation, I have
`
`reviewed prior art, developed infringement contentions, and currently am involved
`
`in expert discovery. I therefore have an established familiarity with the subject
`
`matter at issue in this proceeding, including the prior art on which Petitioner relied
`
`in this request.
`
`
`
`9.
`
`I am an experienced litigation attorney, with experience in numerous
`
`litigations involving patent infringement in District Courts across the country,
`
`including experience in jury and bench trials, and Markman hearings. My
`
`biography is attached hereto as Exhibit 2001.
`
`
`
`IPR2015-00687
`U.S. Patent No. 8,092,345
`Patent Owner’s Motion for PHV Admission
`
`
`
`I declare under penalty of perjury that the foregoing Declaration is true and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Jonathan D. Olinger
`Jonathan D. Olinger
`Kilpatrick Townsend & Stockton LP
`1100 Peachtree Street N.E.
`Atlanta, GA 30309-4528
`Tele: (404) 745-2426
`Fax: (404) 541-3362
`
`Counsel for Patent Owner
`adidas AG
`
`correct.
`
`Date: October 22, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-00687
`U.S. Patent No. 8,092,345
`Patent Owner’s Motion for PHV Admission
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of MOTION FOR PRO HAC
`
`VICE ADMISSION UNDER 37 C.F.R. § 42.10, a copy of the Declaration of Mr.
`
`Jonathan D. Olinger in Support of Motion for Pro Hac Vice Admission and Exhibit
`
`2001 was served via email on the date below, upon the following:
`
`Brian E. Ferguson
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7000
`brian.ferguson@weil.com
`
`Anish R. Desai
`Weil Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7103
`anish.desai@weil.com
`
`
`
`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`
`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
`
`
`
`
`
`Dated: October 22, 2015
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
