U.S. Patent No. 6,147,601
`Petition for Inter Partes Review
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`
`
`ALARM.COM INCORPORATED
`Petitioner
`
`v.
`
`VIVINT, INC.
`Patent Owner
`
`Patent No. 6,147,601
`Filing Date: May 24, 1999
`Issue Date: November 14, 2000
`Title: ELECTRONIC MESSAGE DELIVERY SYSTEM UTILIZABLE IN THE
`MONITORING OF REMOTE EQUIPMENT AND METHOD OF SAME
`__________________
`
`Inter Partes Review No. Unassigned
`
`
`
`__________________________________________________________________
`
`MOTION FOR ADMISSION PRO HAC VICE
`OF ROGER G. BROOKS
`
`UNDER 37 C.F.R. § 42.10
`
`
`Petition for Inter Partes Review
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`
`
`ALARM.COM INCORPORATED
`Petitioner
`
`v.
`
`VIVINT, INC.
`Patent Owner
`
`Patent No. 6,147,601
`Filing Date: May 24, 1999
`Issue Date: November 14, 2000
`Title: ELECTRONIC MESSAGE DELIVERY SYSTEM UTILIZABLE IN THE
`MONITORING OF REMOTE EQUIPMENT AND METHOD OF SAME
`__________________
`
`Inter Partes Review No. Unassigned
`
`
`
`__________________________________________________________________
`
`MOTION FOR ADMISSION PRO HAC VICE
`OF ROGER G. BROOKS
`
`UNDER 37 C.F.R. § 42.10
`
`
`
`U.S. Patent No. 6,147,601
`Petition for Inter Partes Review
`
`Paper No. ___________
`
`Petitioner Alarm.com Incorporated (“Alarm.com” or “Petitioner”)
`
`respectfully requests that the Board recognize Mr. Roger G. Brooks as counsel pro
`
`hac vice during this proceeding.
`
`Time for Filing
`
`This Motion for Admission Pro Hac Vice is being filed concurrently with
`
`the Petition for Inter Partes Review for U.S. Patent No. 6,147,601.
`
`Statement of Facts
`
`The following statement of facts shows that there is good cause for the
`
`Board to recognize Mr. Brooks pro hac vice.
`
`Mr. Brooks is an experienced litigation attorney, having been lead counsel in
`
`multiple patent infringement litigations in district courts across the country.
`
`Mr. Brooks has experience in jury and bench trials, as well as Markman hearings.
`
`He has been admitted to practice before the Federal Circuit. Mr. Brooks’
`
`biography is attached hereto as Exhibit 1308.
`
`U.S. Patent No. 6,147,601 is currently asserted against Petitioner in a co-
`
`pending litigation, Vivint, Inc. v. Alarm.com Inc., Case No. 2:15-CV-00392
`
`(D. Utah) (“the co-pending litigation”). Mr. Brooks is lead counsel for Alarm.com
`
`in the co-pending litigation and, as such, has established a familiarity with the
`
`
`
`2
`
`
`
`U.S. Patent No. 6,147,601
`Petition for Inter Partes Review
`
`Paper No. ___________
`
`subject matter at issue in this proceeding. Petitioner wishes to continue using Mr.
`
`Brooks as counsel in this proceeding. Additionally, Mr. Brooks has previously
`
`represented Alarm.com in other patent infringement litigations. Therefore,
`
`Petitioner respectfully submits that there is good cause for the Board to recognize
`
`Mr. Brooks as counsel pro hac vice during this proceeding.
`
`Affidavit or Declaration of Individual Seeking to Appear
`
`This Motion for Admission Pro Hac Vice is accompanied by an Affidavit of
`
`Mr. Roger G. Brooks.
`
`
`
`Respectfully submitted,
`
`By: /William H. Mandir/
`William H. Mandir
`Registration No. 32,156
`Lead Counsel for Petitioner
`
`
`
`
`
`3
`
`
`
`U.S. Patent No. 6,147,601
`Petition for Inter Partes Review
`
`AFFIDAVIT OF MR. ROGER G. BROOKS IN SUPPORT OF
`
`Paper No.
`
`MOTION FOR ADMISSION PRO HAC VICE
`
`I, Roger G. Brooks, being duly sworn and upon oath, hereby attest to the
`
`following:
`
`1.
`
`I am a member in good standing of the New York State Bar, as well as the
`
`following Federal Courts:
`
`a) U.S. Supreme Court (2010);
`
`b) U.S. Court of Appeals for the Federal Circuit (2000);
`
`c) U.S. Court of Appeals for the Second Circuit (2013);
`
`d) U.S. Court of Appeals for the Sixth Circuit (2002);
`
`e) U.S. Court of Appeals for the Seventh Circuit (2012);
`
`f) U.S. District Court for the Southern District of New York (2000); and
`
`g) U.S. District Court for the Eastern District of New York (2000).
`
`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.
`
`1
`
`
`
`U.S. Patent No. 6,147,601
`Petition for Inter Partes Review
`
`4.
`
`No sanction or contempt citation has been imposed against me by any court
`
`Paper No.
`
`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 Title 37 of the Code
`
`of Federal Regulations.
`
`6.
`
`I will be subject to the USPTO’s Rules of Professional Conduct set forth in
`
`37 C.F.R. § 11.101 etseq. and disciplinary jurisdictionunder 37 C.F.R.
`
`§ 11.19(a).
`
`7.
`
`I have applied to appearpro hac vice before the Office in petitions for inter
`
`partes review of the following patents: U.S. Patent No. 6,147,601; U.S. Patent No.
`
`6,717,513; U.S. Patent No. 6,462,654; U.S. Patent No. 6,535,123; U.S. Patent
`
`No. 6,924,727; and U.S. Patent No. 7,884,713. Each of these patents is asserted
`
`against Alarm.com in co-pending litigation, Vivint, Inc. v. Alarm. com Inc., Case
`
`No. 2:15-CV-00392 (D. Utah). Below is a list of the proceedings in which I have
`
`applied and been admitted to appear pro hac vice:
`
`• Case No. 1PR2015-01965
`
`• Case No. 1PR2015-01967
`
`• Case No. 1PR2015-01977
`
`2
`
`
`
`Paper No.
`
`U.S. Patent No. 6,147,601
`Petition for Inter Partes Review
`
`• Case No. 1PR2015-01995
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`• Case No. 1PR2015-01997
`
`• Case No. 1PR2015-02003
`
`• Case No. 1PR2015-02004
`
`• Case No. 1PR2015-02008
`
`• Case No. 1PR2016-001 16
`
`• Case No. 1PR2016-00129
`
`• Case No. 1PR2016-00155
`
`• Case No. 1PR2016-00161
`
`• Case No. 1PR2016-00 173
`
`8.
`
`I am an experienced litigation attorney.
`
`I have been lead counsel in multiple
`
`litigations involving patent infringement in district courts across the country,
`
`including experience in jury and bench trials, as well as Markman hearings.
`
`I have
`
`been admitted to practice before the Federal Circuit. My biography is attached
`
`hereto as Exhibit 130$.
`
`9.
`
`I am lead counsel for Petitioner Alarm.com Incorporated in the co-pending
`
`litigation, in which U.S. Patent No. 6,147,601, among others, is currently asserted
`
`against Petitioner Alarm.com Incorporated.
`
`I am familiar with the subject matter
`
`3
`
`
`
`U.S. Patent No. 6,147,601
`Petition for Inter Partes Review
`
`Paper No.
`
`at issue in this proceeding, including the prior art on which Petitioner relies in this
`
`request.
`
`Roger. G. Brooks
`Cravath, Swaine & Moore LLP
`825 Eighth Avenue
`New York, NY 10019
`Telephone: (212) 474-1000
`Facsimile: (212) 474-3700
`
`))
`
`)
`
`ss:
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`
`On the 20th day of May, 2016, Roger C. Brooks personally appeared and subscribed
`his signature on the current document.
`
`yli
`
`KEITH S KAPLAN
`Nory Public, State of N.w York
`No. 01KA6062463
`Qualified in New York County
`Commission Expires Aug. 6, 2077
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned certifies that a copy of the attached Motion for Admission
`
`Pro Hac Vice of Roger G. Brooks was sent via overnight Federal Express on May
`
`20, 2016 to the following:
`
`L. Grant Foster, Esq.
`Holland & Hart
`222 South Main Street, Suite 2200
`Salt Lake City UT 84101
`
`Counsel of Record for U.S. Patent No. 6,147,601
`
`with courtesy service (via e-mail) to:
`
`Robert Greene Sterne
`Jason D. Eisenberg
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`rsterne-PTAB@skgf.com
`jasone-PTAB@skgf.com
`
`
`
`
`
`Patent Owner Counsel in IPR2016-00116 and IPR2016-00155
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: May 20, 2016
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`
`
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`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Brian K. Shelton
`Brian K. Shelton
`Registration No. 50,245
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