Paper No. 11
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`BLACKBERRY LTD.
`Patent Owner.
`____________
`
`Case IPR2017-00911
`Patent 8,745,149
`———————
`
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE
`OF SHARON LEE
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`BLACKBERRY LTD.
`Patent Owner.
`____________
`
`Case IPR2017-00911
`Patent 8,745,149
`———————
`
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE
`OF SHARON LEE
`
`
`
`IPR2017-00911
`
`Motion for Pro Hac Vice of Sharon Lee
`
`Patent Owner Blackberry Ltd. (“Blackberry”), respectfully requests that the
`
`Board recognize Sharon Lee, Esq. as pro hac vice counsel for Blackberry during
`
`this proceeding. Petitioner Google LLC (“Google”) h as indicated that it does
`
`not oppose this mo tion.
`
`I.
`
`BACKGROUND
`Blackberry’s Motion for Pro Hac Vice Admission is being filed pursuant to
`
`and in compliance with the Notice of Filing Date Accorded to Petition and Time
`
`Period for Filing Patent Owner’s Preliminary Response, which was filed March
`
`14, 2017 (Paper 5) (the “Notice”). The Notice authorizes parties to file motions
`
`for pro hac vice admission under 37 C.F.R. § 42.10(c). Further to the Notice, such
`
`“motions shall be filed in accordance with the ‘Order – Authorizing Motion for
`
`Pro Hac Vice Admission’ in Case IPR2013-00639.”
`
`II.
`
`TIME OF FILING
`This Motion for Pro Hac Vice admission is being filed in accordance with
`
`the Order Authorizing the Filing of a Motion for Pro Hac Vice admission in Case
`
`IPR2013-00639, and is being filed more than 21 days after service of the Petition.
`
`III.
`
`STATEMENT OF FACTS
`
`As required by the Order, the following statement of facts, supported by the
`
`attached Declaration of Sharon Lee in Support of Motion for Pro Hac Vice
`
`Admission (Ex. 2004), shows that there is good cause for the Patent Trial and
`
`
`
`IPR2017-00911
`
`
`
`Motion for Pro Hac Vice of Sharon Lee
`
`
`Appeal Board (“Board”) to recognize Ms. Lee pro hac vice in this proceeding. As
`
`required by 37 C.F.R. § 42.10(c), Blackberry’s lead counsel, Ching-Lee Fukuda, is
`
`a registered practitioner experienced in proceedings before the USPTO.
`
`Ms. Lee is an experienced litigation attorney. Ms. Lee has been a litigating
`
`attorney for more than five years, and has been involved in numerous patent
`
`litigation cases in federal courts and before the International Trade Commission
`
`and post-grant proceedings before the Board. Ms. Lee’s experience includes
`
`representing a wide range of clients in complex intellectual property litigation.
`
`Ms. Lee is a member in good standing of the New York State Bar and the District
`
`of Columbia Bar, with no suspensions or disbarments from practice, nor any
`
`application for admission to practice denied, nor any sanctions or contempt
`
`citations, and is admitted to practice in the United States Court of Appeals for the
`
`Federal Circuit. Her mailing address is at Sidley Austin LLP, 1501 K Street, N.W.,
`
`Washington, D.C. 20005, her email address is Sharon.Lee@sidley.com, and her
`
`direct dial is (202) 736-8510.
`
`Ms. Lee has reviewed and is familiar with (i) U.S. Patent No. 8,745,149, the
`
`patent at issue in this proceeding, (ii) the prior art relied upon in Google’s Petition,
`
`(iii) the legal and factual arguments asserted by Google, and (iv) the developments
`
`in this proceeding since the filing of Google’s Petition, as well as the developments
`
`in related matters before the Board. Ms. Lee has also been involved in a number of
`
`
`
`IPR2017-00911
`
`
`
`Motion for Pro Hac Vice of Sharon Lee
`
`
`other proceedings before the Board, has been admitted pro hac vice as backup
`
`counsel in other matters before the Board, and is familiar with its established
`
`practices. Accordingly, she has established familiarity with the subject matter at
`
`issue in this proceeding and the conduct of the proceeding to date. Ex. 2004.
`
`Ms. Lee has read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules for Practice for Trials set forth in part 42 of 37
`
`C.F.R., and she agrees to be subject to the USPTO Rules of Professional Conduct
`
`set forth in 37 C.F.R. §§11.01 et seq., and to disciplinary jurisdiction under 37
`
`C.F.R. §11.19(a). Ex. 2004.
`
`IV. ANALYSIS
`The facts contained in the Statement of Facts above, and contained in the
`
`Lee Declaration (Ex. 2004), establish that there is good cause to admit Ms. Lee pro
`
`hac vice in this proceeding under 37 C.F.R. § 42.10(c). Blackberry’s lead counsel
`
`is a registered practitioner, Ms. Lee is an experienced litigating attorney, and Ms.
`
`Lee has an established familiarity with the subject matter at issue in these
`
`proceedings.
`
`V. CONCLUSION
`Therefore, there is good cause for the Board to recognize Sharon Lee as Pro
`
`Hac Vice for Blackberry Ltd. during these proceedings.
`
`
`
`IPR2017-00911
`
`
`
`Motion for Pro Hac Vice of Sharon Lee
`
`
`
`Dated: October 23, 2017
`
`
`
`Respectfully Submitted,
`/Ching-Lee Fukuda/
` Ching-Lee Fukuda
`Reg. No. 44,334
`Sidley Austin LLP
`787 Seventh Avenue
`New York, NY 10019
`(212) 839-7364
`(212)839-5599
`Attorney for Patent Owner
`
`
`
`IPR2017-0091 1
`
`Motion for Pro Hac Vice of Sharon Lee
`
`Exhibit List
`
`EX. 2001 US. Patent No. 7,181,497 to Appelman et al.
`
`Ex. 2002 US. Patent No. 7,219,109 to Lapuyade et a1.
`
`Admission
`
`Ex. 2003 The American Heritage College Dictionary (4th Ed. 2004) (Excerpt)
`
`EX. 2004 Declaration of Sharon Lee in Support of Motion for Pro Hac Vice
`
`
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), this is to certify that on October 23, 2017, I caused
`
`to be served a true and correct copy of the foregoing and any accompanying
`
`exhibits by electronic mail on the following counsel:
`
`Naveen Modi
`Joseph E. Palys
`Phillip W. Citroën
`John S. Holley
`PH-Google-Blackberry-IPR@paulhastings.com
`
`
`
`Dated: October 23, 2017
`
`
`
`
`
`Respectfully Submitted,
`/Ching-Lee Fukuda/
` Ching-Lee Fukuda
`Reg. No. 44,334
`Sidley Austin LLP
`787 Seventh Avenue
`New York, NY 10019
`P: (212) 839-7364
`F: (212)839-5599
`Attorney for Patent Owner
`
`
`
`
`
`
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