UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`STINGRAY DIGITAL GROUP INC.
`Petitioner
`
`v.
`
`MUSIC CHOICE,
`Patent Owner.
`
`IPR Case No.: IPR2017-01193
`Patent 9,357,245
`
`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF ALLAN A. KASSENOFF UNDER 37 C.F.R. §
`42.10(c)
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`STINGRAY DIGITAL GROUP INC.
`Petitioner
`
`v.
`
`MUSIC CHOICE,
`Patent Owner.
`
`IPR Case No.: IPR2017-01193
`Patent 9,357,245
`
`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF ALLAN A. KASSENOFF UNDER 37 C.F.R. §
`42.10(c)
`
`
`
`IPR2017-01193
`
`
`
`Pursuant to 37 C.F.R. § 42.10(c), the Petitioner (“Stingray Digital Group
`
`Inc.”) respectfully requests that the Board recognize Allan A. Kassenoff as counsel
`
`pro hac vice in this proceeding. Petitioner seeks the counsel of Allan Kassenoff
`
`due to his relevant expertise in the subject matter and particularly due to his
`
`familiarity with the substantive and technical issues involved in this proceeding.
`
`The motion is authorized by the April 27, 2017 Notice of Filing Date Accorded to
`
`Petition and Time for Filing Patent Owner Preliminary Response.
`
`
`
`Counsel for Petitioner has conferred with Counsel for Patent Owner on this
`
`Motion. Patent Owner does not oppose this Motion.
`
`I.
`
`Statement of Facts
`
`Based on the following facts, and supported by the Affidavit of Mr.
`
`Kassenoff (Ex. 1005) submitted herewith, Petitioner requests the pro hac vice
`
`admission of Allan Kassenoff in this proceeding:
`
`1.
`
`Petitioner’s lead counsel in IPR2017-001193 Heath J. Briggs is a
`
`registered practitioner (Reg. No. 54,919).
`
`2. Mr. Kassenoff is a shareholder at the law firm Greenberg Traurig,
`
`LLP. Ex. 1005 at ¶ 3.
`
`3. Mr. Kassenoff is an experienced litigating attorney. Mr. Kassenoff has
`
`been a litigating attorney for more than eighteen years. Id. at ¶ 4. Mr. Kassenoff
`
`has been litigating patent cases for more than eighteen years. Id.
`
`2
`
`
`
`IPR2017-01193
`
`4.
`
` Mr. Kassenoff has an established familiarity with the subject matter
`
`at issue in this proceeding.
`
`5. Mr. Kassenoff is a member in good standing in the bar of New York,
`
`New Jersey, several U.S. District Courts, and the U.S. Court of Appeals for the
`
`Federal Circuit. Id. at ¶ 5.
`
`6. Mr. Kassenoff has never been suspended or disbarred from practice
`
`before any court or administrative body. Id. at ¶ 5.
`
`7.
`
`No application of Mr. Kassenoff for admission to practice before any
`
`court or administrative body has ever been denied. Id. at ¶ 6.
`
`8.
`
`No sanctions or contempt citations have ever been imposed against
`
`Mr. Kassenoff by any court or administrative body. Id. at ¶ 7.
`
`9. Mr. Kassenoff has 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
`
`the C.F.R. Id. at ¶ 8.
`
`10. Mr. Kassenoff understands that he will be subject to the USPTO Code
`
`of Professional Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id. at ¶ 9.
`
`11. Mr. Kassenoff has applied to appear pro hac vice in IPR2017-00888
`
`and IPR2017-001193, both of which have been granted. Mr. Kassenoff is
`
`concurrently filing to appear pro hac vice in IPR2017-01192, IPR2017-01450, and
`
`3
`
`
`
`IPR2017-01193
`
`IPR2018-00114. Mr. Kassenoff has not applied to appear pro hac vice any other
`
`proceedings before the Office in the last three (3) years. Id. at ¶ 10.
`
`This motion was filed no sooner than 21 days after service of the Petition in
`
`this proceeding, which occurred on April 5, 2017.
`
`II. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`MR. KASSENOFF IN THIS PROCEEDING
`
`The Board may recognize counsel pro hac vice during a proceeding upon a
`
`showing of good cause, subject to the condition that lead counsel be a registered
`
`practitioner and to any other conditions as the Board may impose. 37 C.F.R. §
`
`42.10(c). Petitioner Stingray Digital Group Inc.’s (“Stingray”) lead counsel, Heath
`
`J. Briggs, is a registered practitioner. Based on the facts contained herein, as
`
`supported by Mr. Kassenoff’s Affidavit (Ex. 1005), good cause exists to admit Mr.
`
`Kassenoff pro hac vice in this proceeding.
`
`As supported by his affidavit, Mr. Kassenoff is an experienced litigating
`
`attorney with over eighteen (18) years of patent litigation experience. Mr.
`
`Kassenoff also has an established familiarity with the subject matter at issue in this
`
`proceeding.
`
`In a related matter involving the ’245 Patent, Mr. Kassenoff represents
`
`Petitioner Stingray in a litigation currently pending in the Eastern District of Texas.
`
`See Music Choice v. Stingray Digital Group Inc., No. 2:16-cv-00586. As a result,
`
`he has reviewed the ’245 Patent, its relevant file history, the prior art (including the
`
`4
`
`
`
`IPR2017-01193
`
`prior art at issue in this Inter Partes Review proceeding), and has significant
`
`familiarity with the claim construction issues pertaining to the ’245 Patent.
`
`Additionally, he has served an essential role in this Inter Partes Review
`
`proceeding, including working with the present Lead and Backup Counsel to
`
`prepare the Petition. Therefore, he has a detailed understanding of the ’245 Patent
`
`and the substantive and technical issues involved in this proceeding.
`
`III. CONCLUSION
`
`For the foregoing reasons, Stingray respectfully requests that the Board
`
`admit Mr. Kassenoff pro hac vice in this proceeding.
`
`The Patent Trial and Appeal Board is hereby authorized to charge any fees
`
`associated with this filing to Deposit Account No. 50-2638.
`
`
`
`Dated: January 12, 2018
`
`Respectfully submitted,
`
`
`
`By: /s/ Heath J. Briggs
`Heath J. Briggs (Reg. No. 54,919)
`Greenberg Traurig, LLP
`1200 17th St., Suite 2400
`Denver, CO 80202
`Telephone: 303-685-7418
`Facsimile: 720-904-6118
`BriggsH@gtlaw.com
`
`Joshua L. Raskin (Reg. No. 40,135)
`Greenberg Traurig, LLP
`MetLife Building
`200 Park Avenue
`New York, NY 10166
`
`5
`
`
`
`IPR2017-01193
`
`Telephone: 212-801-6930
`RaskinJ@gtlaw.com
`Counsel
`for Petitioner Stingray
`Digital Group Inc.
`
`6
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2017-01193
`
`I hereby certify that on this 12th day of January, 2018 a copy of this
`
`Petitioner’s Motion for Pro Hac Vice Admission under 37. C.F.R. § 42.10(c)
`
`including all attachments and exhibits has been served in its entirety via electronic
`
`mail by emailing Patent Owner’s counsel at:
`
`brosenbloom@rfem.com
`mzoltick@rfem.com
`mbattaglia@rfem.com
`jmaisel@rfem.com
`litigationparalegals@rothwellfigg.com
`
`as provided for by Patent Owner’s listed Service Information in its Mandatory
`
`Notices.
`
`Respectfully submitted,
`
`Dated: January 12, 2018
`
`By:
`
` /s/ Heath J. Briggs
`Heath J. Briggs (Reg. No. 54,919)
`Greenberg Traurig, LLP
`1200 17th St., Suite 2400
`Denver, CO 80202
`Telephone: 303-685-7418
`Facsimile: 720-904-6118
`BriggsH@gtlaw.com
`Counsel for Petitioner Stingray
`Digital Group Inc.
`
`7
`
`
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