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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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`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF NICHOLAS A. BROWN UNDER 37 C.F.R. §
`42.10(c)
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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 Nicholas Brown
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`as counsel pro hac vice in this proceeding. Petitioner seeks the counsel of
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`Nicholas Brown due to his familiarity with the substantive and technical issues
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`involved in this proceeding. The motion is authorized by the September 14, 2017
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`Notice of Filing Date Accorded to Petition and Time for Filing Petitioner
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`Preliminary 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. Brown
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`(Ex. 1012) submitted herewith, Petitioner requests the pro hac vice admission of
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`Nicholas A. Brown 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. Brown is a shareholder at the law firm Greenberg Traurig, LLP.
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`Ex. 1012 at ¶ 3.
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`3. Mr. Brown is an experienced litigating attorney. Mr. Brown has been
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`a litigating attorney for twenty years. Id. at ¶ 4. Mr. Brown has been litigating
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`patent cases for twenty years. Id.
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`2
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`IPR2017-02061
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`4.
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` Mr. Brown has an established familiarity with the subject matter at
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`issue in this proceeding.
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`5. Mr. Brown is a member in good standing in the bar of California,
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`several U.S. District Courts, the U.S. Court of Appeals for the Federal Circuit, and
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`the U.S. Court of Appeals for the Ninth Circuit. Id. at ¶ 5.
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`6. Mr. Brown 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. Brown 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. Brown by any court or administrative body. Id. at ¶ 7.
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`9. Mr. Brown 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. Brown 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.
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`In the past three years, Mr. Brown has applied and been granted pro
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`hac vice admission in four proceedings: IPR2015-01983, IPR2015-01984,
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`IPR2015-01985, and IPR2017-02137. Mr. Brown has not applied to appear pro
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`3
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`IPR2017-02061
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`hac vice in any other proceedings before the Office in the last three (3) years. Id. at
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`¶ 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. BROWN 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. Brown’s Affidavit (Ex.
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`1012), good cause exists to admit Mr. Brown pro hac vice in this proceeding.
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`As supported by his affidavit, Mr. Brown is an experienced litigating
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`attorney with twenty years of patent litigation experience. Mr. Brown also has an
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`established familiarity with the subject matter at issue in this proceeding.
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`Mr. Brown has been extensively involved in litigating the patent-at-issue in
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`the parallel proceedings pending before the International Trade Commission: In re
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`Certain Robotic Vacuum Cleaning Devices And Components Thereof Such As
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`Spare Parts, Investigation No. 337-TA-1057, including taking the depositions of
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`inventors and experts and preparing briefing related to the patent-at issue. Mr.
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`Brown has reviewed the patent-at-issue, the Petition, and the accompanying
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`IPR2017-02061
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`exhibits. Mr. Brown 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. Brown’s extensive knowledge of the precise subject matter at issue in this
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`proceeding, Petitioner has a substantial need for Mr. Brown’s pro hac vice and his
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`involvement in this proceeding. Though Mr. Brown 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. Brown 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. Brown 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 19, 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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`IPR2017-02061
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 19th 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 Patent Owner’s counsel at:
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`IPR44360-0006IP1@fr.com
`PTABInbound@fr.com
`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 19, 2018
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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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