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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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`_______________
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`HUAWEI DEVICE CO., LTD.,
`Petitioner,
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`v.
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`MAXELL, LTD.,
`Patent Owner
`_______________
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`Case: IPR2018-00246
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`U.S. Patent No. 7,671,901
`_______________
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`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
`JAMIE B. BEABER PURSUANT TO 37 C.F.R. § 42.10(c)
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
`
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`Case IPR2018-00246
`Patent No. 7,671,901
`Patent Owner’s Motion for Pro Hac Vice Admission
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`PATENT OWNER’S EXHIBIT LIST
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`Description
`Declaration of Jamie B. Beaber in Support of Motion for Pro Hac Vice
`Admission
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`Exhibit #
`2001
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`1
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`
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`Case IPR2018-00246
`Patent No. 7,671,901
`Patent Owner’s Motion for Pro Hac Vice Admission
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`Pursuant to 37 C.F.R. § 42.10(c) and in response to the authorization
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`provided by the United States Patent and Trademark Office’s Patent Trial and
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`Appeal Board (“Board”) in the Notice of Filing Date Accorded to Petition (Paper
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`Number 5, entered January 4, 2018) (“Notice”), Patent Owner Maxell (“Patent
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`Owner”) hereby files this motion for Jamie B. Beaber to appear pro hac vice on its
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`behalf, as back-up counsel, before the Board in IPR2018-002461. This motion
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`follows the guidelines set forth in IPR2013-00639, Paper 7, entered October 15,
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`2013 (“Order”).
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`I.
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`TIME FOR FILING
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`Pursuant to the Order, this motion for pro hac vice admission is being filed
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`no sooner than twenty-one (21) days after service of the petition.
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`II.
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`STATEMENT OF FACTS
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`Pursuant to the Order, the following statement of facts shows that there is
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`good cause for the Board to recognize Mr. Beaber pro hac vice.
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`Lead counsel for this proceeding, Robert G. Pluta, is a registered practitioner
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`(Registration No. 50,970).
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`1 Corresponding motion for pro hac vice admission is being concurrently filed in
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`co-pending case IPR2018-00251.
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`2
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`
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`Case IPR2018-00246
`Patent No. 7,671,901
`Patent Owner’s Motion for Pro Hac Vice Admission
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`Mr. Beaber is an experienced litigation attorney, and has been involved in
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`numerous patent infringement cases in the U.S. International Trade Commission
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`and in federal District Courts across the country. He has experience in various
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`aspects of patent infringement matters including trials, Markman hearings, and
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`summary judgment hearings. Mr. Beaber is a member in good standing of the
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`District of Columbia Bar and the Michigan Bar, and is admitted to practice before
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`the United States Court of Appeals for the Federal Circuit, the District of Columbia
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`Court of Appeals, and the United States District Courts for the Eastern District of
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`Texas and the District of Columbia. Mr. Beaber has not been suspended or
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`disbarred from practice, never had any application for admission to practice
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`denied, nor had any sanctions or contempt citations imposed against him.
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`Mr. Beaber is lead counsel for the plaintiff, which includes Patent Owner, in
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`a co-pending litigation, Maxell, Ltd. v. Huawei Device USA Inc., et al., Case No.
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`5:16-cv-00178-RWS, pending in the United States District Court for the Eastern
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`District of Texas. That litigation involves U.S. Patent No. 7,671,901 (“the ’901
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`Patent”), the same patent at issue in this proceeding. In his role as lead counsel in
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`the co-pending litigation, Mr. Beaber has reviewed and is familiar with the ’901
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`Patent, the infringement theories, asserted prior art references, and invalidity claim
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`charts. Further, Mr. Beaber has been involved and is familiar with the factual and
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`3
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`
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`Case IPR2018-00246
`Patent No. 7,671,901
`Patent Owner’s Motion for Pro Hac Vice Admission
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`legal arguments at issue in that case. As such, Mr. Beaber has established
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`familiarity with the subject matter at issue in this proceeding.
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`Mr. Beaber has read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.,
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`and he agrees to be subject to the USPTO Rules of Professional Conduct set forth
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`in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a). Mr. Beaber is concurrently applying to appear pro hac vice in IPR2018-
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`00246. In the last three years, Mr. Beaber has applied to appear pro hac vice
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`before the Board in connection with IPR2018-00209, IPR2018-00210, IPR2018-
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`00233,
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`IPR2018-00235,
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`IPR2018-00236,
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`IPR2018-00237,
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`IPR2018-00238,
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`IPR2018-00239, and IPR2018-00240.
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`Patent Owner has expended significant financial resources in the co-pending
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`litigation with Mr. Beaber as counsel, and Patent Owner wishes to continue using
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`Mr. Beaber in this proceeding.
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`As such, Patent Owner respectfully submits that there is good cause for the
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`Board to recognize Mr. Beaber as counsel pro hac vice during this proceeding.
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`III. AFFIDAVIT OR DECLARATION OF INDIVIDUAL SEEKING TO
`APPEAR
`This Motion for pro hac vice admission is accompanied by a Declaration of
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`Mr. Beaber as required by the Order (Ex. 2001).
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`4
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`
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`Case IPR2018-00246
`Patent No. 7,671,901
`Patent Owner’s Motion for Pro Hac Vice Admission
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`Respectfully submitted,
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`/Robert G Pluta Reg No 50970/
`Robert G. Pluta (Reg. No. 50,970)
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: (312) 701-8641
`Fax: (312) 706-8144
`rpluta@mayerbrown.com
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`Counsel for Maxell, Ltd.
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`Dated: April 4, 2018
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`5
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`Case IPR2018-00246
`Patent No. 7,671,901
`Patent Owner’s Motion for Pro Hac Vice Admission
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 4th day of April, 2018, a copy of the
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`attached PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
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`JAMIE B. BEABER PURSUANT TO 37 C.F.R. § 42.10(c), together with the
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`supporting declaration of Jamie B. Beaber, was served by e-mail pursuant to Patent
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`Owner’s consent in its Mandatory Notices Pursuant to 37 C.F.R. §§ 42.8(a)(2) and
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`42.8(b): dgarr@cov.com, gdischer@cov.com, and asharma@cov.com.
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` Respectfully submitted,
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`Date: April 4, 2018 By:
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`
`
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`/Robert G Pluta Reg No 50970/
`Robert G. Pluta (Reg. No. 50,970)
`Mayer Brown LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: 312-701-8641
`Facsimile: 312-701-7711
`rpluta@mayerbrown.com
`
`Counsel for Maxell, Ltd.
`
`1
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