`(325170-2002)
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`
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`
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` IPR2016-01470
`U.S. Patent No. 8,611,404
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`DISH Network L.L.C.
`Petitioner
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`v.
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`TQ Delta LLC
`Patent Owner
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`
`
`Case IPR2016-01470
`U.S. Patent No. 8,611,404
`
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 41.10(c)
`
`
`
`
`
`Atty Docket No. DISH-002/00US
`(325170-2002)
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`
`
`
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` IPR2016-01470
`U.S. Patent No. 8,611,404
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`Petitioner DISH Network L.L.C., respectfully requests that the Board
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`recognize Stephen Smith, Esq., as counsel pro hac vice during this proceeding.
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`I.
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`BACKGROUND
`Petitioner’s Motion for Pro Hac Vice Admission is being filed in compliance
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`with and pursuant to the “Order—Authorizing Motion for Pro Hac Vice
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`Admission” in Case No. IPR2013-00639 (MPT) [“the Order”].
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`II.
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`STATEMENT OF FACTS
`As required by the Order, the following statement of facts shows that there is
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`good cause for the Board to recognize Mr. Smith pro hac vice.
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`Mr. Smith is an experienced litigation attorney and has been involved in
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`numerous complex litigations in courts. Mr. Smith’s biography is attached hereto
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`as Exhibit 1056 to this Motion.
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`Mr. Smith has reviewed U.S. Patent No. 8,611,404, and the petition already
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`filed in this proceeding. Further, Mr. Smith is familiar with the pending litigation
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`between the parties pending before United States District Court, District of
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`Delaware, entitled TQ Delta LLC v. DISH Network Corporation, et al., Case No.
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`1-15-cv-00614; and, as such, is familiar with the subject matter at issue in this
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`proceeding.
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`Therefore, Petitioner respectfully submits that there is good cause for the
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`Board to recognize Mr. Smith as counsel pro hac vice during this proceeding.
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`1
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`
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`Atty Docket No. DISH-002/00US
`(325170-2002)
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`III. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`Petitioner’s Motion for Pro Hac Vice Admission is accompanied by a
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` IPR2016-01470
`U.S. Patent No. 8,611,404
`
`
`
`
`Declaration of Stephen Smith attached hereto as Exhibit 1057 as required by the
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`Order.
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`Dated: April 26, 2017
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`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave. NW, Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`
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`
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`By:
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`
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`Respectfully submitted,
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`
`/Heidi L. Keefe/
`Heidi L. Keefe
`Reg. No. 40,673
`Counsel for Petitioner
`Varian Medical Systems, Inc.
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`2
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`
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`Atty Docket No. DISH-002/00US
`(325170-2002)
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`
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` IPR2016-01470
`U.S. Patent No. 8,611,404
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify, pursuant to 37 C.F.R. Section 42.6, that a complete copy of
`the attached PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`(Stephen Smith) and related documents, are being served via electronic mail on
`the 26th day of April, 2017, upon counsel of record for the Patent Owner as
`follows:
`
`Peter J. McAndrews
`pmcandrews@mcandrews-ip.com
`Thomas J. Wimbiscus
`twimbiscus@ mcandrews-ip.com
`Scott P. McBride
`smcbride@ mcandrews-ip.com
`Christopher M. Scharff
`cscharff@ mcandrews-ip.com
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`
`
`
`
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`DATED: April 26, 2017
`
`
`COOLEY LLP
`Attn: Patent Docketing
`1299 Pennsylvania Ave. NW, Suite 700
`Washington, D.C. 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
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`1
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