Paper ____
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` Date filed: August 19, 2016
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`Filed on behalf of: LG Electronics, Inc. and
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` LG Electronics U.S.A., Inc.
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`By: Brian A. Tollefson, Lead Counsel
`Michael V. Battaglia, Back-up Counsel
`Michael H. Jones, Back-up Counsel (Pro Hac Vice)
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: btollefson@rfem.com
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` mbattaglia@rfem.com
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` mjones@rfem.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`LG ELECTRONICS, INC. and
`LG ELECTRONICS U.S.A., INC.,
`Petitioner,
`
`v.
`
`TOSHIBA SAMSUNG STORAGE TECHNOLOGY KOREA CORPORATION,
`Patent Owner.
`_______________
`
`Case IPR2015-01644
`Patent 6,785,065 B1
`_______________
`
`
`
`PETITIONER’S MOTION FOR ADMISSION
`PRO HAC VICE OF STEVEN LIEBERMAN
`
`
`
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`
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` Date filed: August 19, 2016
`
`Filed on behalf of: LG Electronics, Inc. and
`
`
`
` LG Electronics U.S.A., Inc.
`
`
`
`
`
`By: Brian A. Tollefson, Lead Counsel
`Michael V. Battaglia, Back-up Counsel
`Michael H. Jones, Back-up Counsel (Pro Hac Vice)
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: btollefson@rfem.com
`
` mbattaglia@rfem.com
`
` mjones@rfem.com
`
`
`
`
`
`
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`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`LG ELECTRONICS, INC. and
`LG ELECTRONICS U.S.A., INC.,
`Petitioner,
`
`v.
`
`TOSHIBA SAMSUNG STORAGE TECHNOLOGY KOREA CORPORATION,
`Patent Owner.
`_______________
`
`Case IPR2015-01644
`Patent 6,785,065 B1
`_______________
`
`
`
`PETITIONER’S MOTION FOR ADMISSION
`PRO HAC VICE OF STEVEN LIEBERMAN
`
`
`
`
`
`
`
`
`Case IPR2015-01644
`Patent 6,785,065 B1
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`I.
`
`Relief Requested
`
`
`
`Pursuant to 37 C.F.R. § 42.10, Petitioners LG Electronics, Inc. and LG
`
`Electronics U.S.A., Inc. (“Petitioner”) requests that the Board admit Steven
`
`Lieberman pro hac vice in this proceeding to serve as back-up counsel.
`
`II.
`
`
`
`Statement of Facts Showing There is Good Cause for the Board to
`Recognize Counsel Pro Hac Vice During the Proceeding
`
`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
`
`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. § 42.10(c) indicates that, “where lead counsel is a
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`registered practitioner, a motion to appear pro hac vice may be granted upon a
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`showing that counsel is an experienced litigating attorney and has an established
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`familiarity with the subject matter at issue in the proceeding.” The facts here
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`establish good cause for the Board to recognize Steven Lieberman pro hac vice
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`during this proceeding, so that he may participate in, inter alia, oral hearings,
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`depositions, and conferences with the Board.
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`1.
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`Lead counsel, Brian A. Tollefson, is a registered practitioner.
`2
`
`
`
`
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`Case IPR2015-01644
`Patent 6,785,065 B1
`Counsel, Steven Lieberman, is an experienced litigating attorney and
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`2.
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`has an established familiarity with the subject matter at issue in the proceeding.
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`Accompanying this motion is the Declaration of Steven Lieberman in Support of
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`Patent Owner’s Motion for Admission Pro Hac Vice (“Lieberman Decl.”). Mr.
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`Lieberman is a member in good standing of the Bars of the State of New York and
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`the District of Columbia, admitted to practice in the United States District Courts
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`for the District of Columbia, Maryland, the Northern District of California, and the
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`Northern, Eastern, and Southern Districts of New York. Lieberman Decl., ¶ 2.
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`Mr. Lieberman is also admitted to practice in the Courts of Appeals for the District
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`of Columbia, the Second Circuit, the Fourth Circuit, the Federal Circuit, and the
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`United States Supreme Court. Id. Mr. Lieberman has served as a President of the
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`Giles S. Rich American Inn of Court, and the D.C. Inn is devoted to the practice of
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`intellectual property law. Id., ¶ 3. Mr. Lieberman has been litigating patent cases
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`since 1990, primarily as lead counsel. Id., ¶ 4.
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`3. Mr. Lieberman is familiar with the subject matter at issue in this
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`proceeding by virtue of his representing the Petitioners in the related lawsuit.
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`Patent Owner sued the Petitioners in Toshiba Samsung Storage Technology Korea
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`Corporation v. LG Electronics, Inc., LG Electronics U.S.A., Inc. and LG
`
`
`
`3
`
`
`
`Case IPR2015-01644
`Patent 6,785,065 B1
`International (America), Inc., Case No. 1:15-cv-00691-LPS-CJB (D. Del.), which
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`involves the patent at issue in this proceeding. Lieberman Decl., ¶ 11.
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` 4. Mr. Lieberman attests to each of the listed items required by the
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`“Order -- Authorizing Motion for Pro Hac Vice Admission in Case IPR2013-
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`00639” referenced in the Notice of Filing Date Accorded to Petition and Time for
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`Filing Patent Owner Preliminary Response, mailed August 19, 2015 (Paper 3). See
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`Lieberman Decl., ¶¶ 1-11.
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`5. Mr. Lieberman has read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42
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`of 37 C.F.R. Lieberman Decl., ¶ 8. Mr. Lieberman agrees to be subject to the
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`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a) and to be subject to the
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`USPTO Rules of Professional Conduct as set forth in Changes to Representation of
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`Others Before the United States Patent and Trademark Office; Final Rule, 78 Fed.
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`Reg. 20180 (Apr. 3, 2013) (effective May 3, 2013). Lieberman Decl., ¶ 9.
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`4
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`III. Conclusion
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`Case IPR2015-01644
`Patent 6,785,065 B1
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`The requirements for admission pro hac vice being hereby established,
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`Petitioners LG Electronics, Inc. and LG Electronics U.S.A., Inc., respectfully
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`requests that the Board admit Steven Lieberman pro hac vice in this proceeding.
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`Respectfully submitted,
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`
`
`
`Dated: August 19, 2016
`
`By: / Brian A. Tollefson /
`Brian A. Tollefson, Reg. No. 46,338
`Michael V. Battaglia, Reg. No. 64,932
`Michael H. Jones, Pro Hac Vice
`ROTHWELL, FIGG, ERNST &
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`
`
`
`
` MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`
`Counsel for Petitioners
`LG Electronics, Inc. and
` LG Electronics U.S.A., Inc.
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`5
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`CERTIFICATE OF SERVICE
`I hereby certify that on this 19th day of August, 2016, a true and correct copy
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`of the foregoing PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE
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`OF STEVEN LIEBERMAN was served, via overnight courier upon the following
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`counsel of record for Patent Owner Toshiba Samsung Storage Technology Korea
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`Corporation:
`
`Joseph A. Rhoa, Esq.
`Jonathan A. Roberts, Esq.
`Nixon & Vanderhye P.C.
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203-1808
`Phone: 703-816-4000
`Facsimile: 703-816-4100
`Emails: jar@nixonvan.com
`jr@nixonvan.com
`
`
`
`
`
`
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
`
`
`
`
`
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