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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SHENZHEN ZHIYI TECHNOLOGY CO. LTD., D/B/A/ ILIFE,
`Petitioner,
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`v.
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`IROBOT CORPORATION,
`Patent Owner.
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`
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`Case No.: IPR2017-02061
`Patent 6,809,490
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`
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`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF STEPHEN M. ULLMER UNDER 37 C.F.R. §
`42.10(c)
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`1
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`IPR2017-02061
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`Pursuant to 37 C.F.R. § 42.10(c), Petitioner Shenzhen Zhiyi Technology Co.
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`Ltd. (“Petitioner”) respectfully requests that the Board recognize Stephen Ullmer
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`as counsel pro hac vice in this proceeding. Petitioner seeks the counsel of Stephen
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`Ullmer due to his experience in computer science-related patent matters and
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`particularly due to his familiarity with the substantive and technical issues involved
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`in this proceeding. The motion is authorized by the September 14, 2017 Notice of
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`Filing Date Accorded to Petition and Time for Filing Petitioner Preliminary
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`Response.
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`Counsel for Petitioner has conferred with Counsel for Patent Owner on this
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`Motion. Patent Owner does not oppose this Motion.
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`I.
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`Statement of Facts
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`Based on the following facts, and supported by the Affidavit of Mr. Ullmer
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`(Ex. 1011) submitted herewith, Petitioner requests the pro hac vice admission of
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`Stephen M. Ullmer in this proceeding:
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`1.
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`Petitioner’s lead counsel in IPR2017-02061, Patrick J. McCarthy, is a
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`registered practitioner (Reg. No. 62,762).
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`2. Mr. Ullmer is an associate at the law firm Greenberg Traurig, LLP.
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`Ex. 1011 at ¶ 3.
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`3. Mr. Ullmer is an experienced litigating attorney. Mr. Ullmer has been
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`a litigating attorney for more than five years. Id. at ¶ 4. Mr. Ullmer has been
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`2
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`IPR2017-02061
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`litigating patent cases for more than five years. Id.
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`4.
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` Mr. Ullmer has an established familiarity with the subject matter at
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`issue in this proceeding.
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`5. Mr. Ullmer is a member in good standing in the bar of California,
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`several U.S. District Courts, and the U.S. Court of Appeals for the Federal Circuit.
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`Id. at ¶ 5.
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`6. Mr. Ullmer has never been suspended or disbarred from practice
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`before any court or administrative body. Id. at ¶ 5.
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`7.
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`No application of Mr. Ullmer for admission to practice before any
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`court or administrative body has ever been denied. Id. at ¶ 6.
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`8.
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`No sanctions or contempt citations have ever been imposed against
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`Mr. Ullmer by any court or administrative body. Id. at ¶ 7.
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`9. Mr. Ullmer 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 set forth in part 42 of
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`the C.F.R. Id. at ¶ 8.
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`10. Mr. Ullmer understands that he will be subject to the USPTO Code of
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`Professional Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a). Id. at ¶ 9.
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`11. Mr. Ullmer has been granted pro hac vice admission in eleven
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`proceedings: IPR2016-01631, IPR2016-01711, IPR2016-01894, IPR2017-00249,
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`3
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`IPR2017-02061
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`IPR2017-00349, IPR2017-00888, IPR2017-00915, IPR2017-01450, IPR2017-
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`01306, IPR2017-01192, and IPR2017-01322, and IPR2017-02137. Mr. Ullmer
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`has also applied to appear pro hac vice in IPR2017-00770, IPR2017-01193, and
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`IPR2018-00114 for which the cases was terminated prior to a decision. Mr.
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`Ullmer has also applied to appear pro hac vice in IPR2017-01191 for which a
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`decision is pending. Otherwise, Mr. Ullmer has not applied to appear pro hac vice
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`in any other proceedings before the Office in the last three (3) years. Id. at ¶ 10.
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`This motion was filed no sooner than 21 days after service of the Petition in
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`this proceeding, which occurred on September 6, 2017.
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`II. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`MR. ULLMER IN THIS PROCEEDING
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`The Board may recognize counsel pro hac vice during a proceeding upon a
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`showing of good cause, subject to the condition that lead counsel be a registered
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`practitioner and to any other conditions as the Board may impose. 37 C.F.R. §
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`42.10(c). Petitioner’s lead counsel, Patrick J. McCarthy, is a registered practitioner.
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`Based on the facts contained herein, as supported by Mr. Ullmer’s Affidavit (Ex.
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`1011), good cause exists to admit Mr. Ullmer pro hac vice in this proceeding.
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`As supported by his affidavit, Mr. Ullmer is an experienced litigating
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`attorney with over five (5) years of patent litigation experience. Mr. Ullmer also
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`has an established familiarity with the subject matter at issue in this proceeding.
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`Mr. Ullmer, who has a Bachelor of Science in Electrical Engineering, has
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`IPR2017-02061
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`personally reviewed the patent-at-issue, the Petition, and the accompanying
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`exhibits. Mr. Ullmer also has reviewed various filings from the underlying
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`litigation including the claim construction briefing and Markman Order. In view of
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`Mr. Ullmer’s extensive knowledge of the precise subject matter at issue in this
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`proceeding, Petitioner has a substantial need for Mr. Ullmer’s pro hac vice and his
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`involvement in this proceeding. Though Mr. Ullmer has been involved throughout
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`this IPR in an advisory capacity, and has stayed up-to-date regarding the
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`documents filed and actions taken, there is now a need for Mr. Ullmer to be added
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`as backup counsel to this IPR.
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`III. CONCLUSION
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`For the foregoing reasons, Petitioner respectfully requests that the Board
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`admit Mr. Ullmer pro hac vice in this proceeding.
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`The Patent Trial and Appeal Board is hereby authorized to charge any fees
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`associated with this filing to Deposit Account No. 50-2638.
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`Dated: June 8, 2018
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`Respectfully submitted,
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`By: /s/ Patrick J. McCarthy
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`Patrick J. McCarthy (Reg. 62,762)
`Greenberg Traurig, LLP
`2101 L Street, N.W., Suite 1000
`Washington, D.C. 20037
`Telephone: (202) 533-2386
`Facsimile: (202) 331-3101
`mccarthyp@gtlaw.com
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`5
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`IPR2017-02061
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 8th day of June, 2018 a copy of this Petitioner’s
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`Motion for Pro Hac Vice Admission under 37. C.F.R. § 42.10(c) including all
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`attachments and exhibits has been served in its entirety via electronic mail by
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`emailing Petitioner’s counsel at:
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`W. Karl Renner
`IPR44360-0004IP1@fr.com
`Jeremy J. Monaldo
`PTABInbound@fr.com
`Patrick J. Bisenius
`PTABInbound@fr.com
`Linhong Zhang
`PTABInbound@fr.com
`Tonya S. Drake
`tdrake@irobot.com
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`as provided for by Patent Owner’s Updated Mandatory Notices.
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`Respectfully submitted,
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`Dated: June 8, 2018
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`
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`By: /s/ Patrick J. McCarthy
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`Patrick J. McCarthy (Reg. 62,762)
`Greenberg Traurig, LLP
`2101 L Street, N.W., Suite 1000
`Washington, D.C. 20037
`Telephone: (202) 533-2386
`Facsimile: (202) 331-3101
`mccarthyp@gtlaw.com
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`Counsel for Petitioner Shenzhen Zhiyi
`Technology Co. Ltd.
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`6
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