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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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`SAMSUNG ELECTRONICS CO., LTD., AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioner
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`v.
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`SEVEN NETWORKS, LLC
`Patent Owner
`____________
`
`Case IPR2018-01120
`Patent 9,247,019
`____________
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`PATENT OWNER SEVEN NETWORKS, LLC’S
`MOTION FOR PRO HAC VICE ADMISSION
`OF NATHAN NOBU LOWENSTEIN
`UNDER 37 C.F.R. § 42.10(c)
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`EXHIBIT LIST
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`2001 Declaration of Nathan Lowenstein in Support of Motion for Pro Hac Vice
`Admission
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`- 1 -
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`I.
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`RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.10(c) and the Notice of Filing Date in this
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`proceeding (Paper 5 at 1-2), Patent Owner SEVEN Networks, LLC (“Patent
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`Owner”) respectfully requests that the Board admit Nathan Nobu Lowenstein pro
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`hac vice in this proceeding as back-up counsel.
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`II. GOVERNING LAW, RULES, AND PRECEDENT
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`Section 42.10(c), 37 C.F.R., provides that:
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`The Board may recognize counsel pro hac vice during a proceeding
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`upon a showing of good cause, subject to the condition that lead
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`counsel be a registered practitioner and to any other conditions as the
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`Board may impose. For example, where the lead counsel is a
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`registered practitioner, a motion to appear pro hac vice by counsel
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`who is not a registered practitioner may be granted upon showing that
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`counsel is an experienced litigating attorney and has an established
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`familiarity with the subject matter at issue in the proceeding.
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`The Board has further required that a motion for pro hac vice admission be
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`filed in accordance with the “Order - Authorizing Motion for Pro Hac Vice
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`- 2 -
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`Admission” entered in Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639,
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`Paper 7 (P.T.A.B. Oct. 15, 2013) (“United Patents Order”).
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`The United Patents Order requires that such motions (1) “[c]ontain a
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`statement of facts showing there is good cause for the Board to recognize counsel
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`pro hac vice during the proceeding[,]” and (2) “[b]e accompanied by an affidavit
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`or declaration of the individual seeking to appear attesting to the following:”
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`i. Membership in good standing of the Bar of at least one State or the
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`District of Columbia;
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`ii. No suspensions or disbarments from practice before any court or
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`administrative body;
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`iii. No application for admission to practice before any court or
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`administrative body ever denied;
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`iv. No sanctions or contempt citations imposed by any court or
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`administrative body;
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`v. The individual seeking to appear has read and will comply with the
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`Office Patent Trial Practice Guide and the Board's Rules of Practice for
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`Trials set forth in part 42 of 37 C.F.R.;
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`vi. The individual will be subject to the U.S.P.T.O. Rules of Professional
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`Conduct 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);
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`- 3 -
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`vii. All other proceedings before the Office for which the individual has
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`applied to appear pro hac vice in the last three (3) years; and
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`viii. Familiarity with the subject matter at issue in the proceeding.
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`III. STATEMENT OF FACTS
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`Based on the following statement of facts, and supported by the Declaration
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`of Nathan Nobu Lowenstein, submitted herewith as Exhibit 2001, Patent Owner
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`requests the pro hac vice admission of Nathan Nobu Lowenstein in this
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`proceeding:
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`1.
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`Patent Owner’s lead counsel, Kenneth J. Weatherwax (the
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`undersigned), is a registered practitioner (Reg. No. 54,528).
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`2. Mr. Lowenstein is a partner at the law firm of Lowenstein &
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`Weatherwax LLP. Ex. 2001 ¶ 8.
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`3. Mr. Lowenstein is an experienced litigator, and the majority of his
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`practice has consisted of patent litigation and other patent related
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`matters such as PTAB litigations. Id. ¶ 9. Representative patent
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`litigations where Mr. Lowenstein has been actively involved as patent
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`litigation counsel include Microprocessor Enhancement Corp. v.
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`Texas Instruments Inc., 8:08-cv-01123 (C.D. Cal.); The Quantum
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`World Corp. v. Atmel Corp., 2:07-cv-00024 (E.D. Tex.); St. Jude
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`- 4 -
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`Med., Inc. v. Access Closure, Inc., 4:08-cv-04101 (W.D. Ark.); and
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`Tessera, Inc. v. Micron Tech., Inc., 2:05-cv-00094 (E.D. Tex.). Id.
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`4. Mr. Lowenstein’s experience in post grant patent proceedings
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`includes drafting patent owner responses, taking depositions, and
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`presenting oral arguments before the Board. Id. ¶ 10. Representative
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`matters where Mr. Lowenstein was actively involved include
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`Alphonso, Inc. v. Free Stream Media Corp. (IPR2017-01730, -01731);
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`Facebook, Inc. v. Sound View Innovations, LLC (IPR2017-00985, -
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`00986, -00998, -01002 thru -01006); Hyundai Motor America, Inc. v.
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`Diamond Coating Techs., LLC (IPR2014-01549, -01553); Intel Corp.
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`v. Future Link Sys., LLC (IPR2016-01398, -01400 thru -01402);
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`Kingston Tech. Co. v. Polaris Innovations, Ltd. (IPR2016-01621 thru
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`-01623, IPR2017-00114, -00116, -00238); Microsoft Corp. v.
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`IpLearn-Focus, LLC (IPR2015-00095, -00097); matters involving
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`Maxim Integrated Products, Inc. (CBM2014-00038 thru -041, -00177
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`thru -00180, IPR2016-00032, -00033); Nissan N. Am., Inc. v.
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`Diamond Coating Techs., LLC (IPR2014-01545 thru -01548); and
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`matters involving Solocron Media, LLC (IPR2015 -00342, -00349, -
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`00350, -00364, -00376, -00380, -00383, -00387 thru -00392). Id.
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`- 5 -
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`5. Mr. Lowenstein has an established familiarity with the subject matter
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`at issue in this proceeding. Id. ¶ 15. Mr. Lowenstein has reviewed the
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`Patent at issue, U.S. Patent No. 9,247,019, as well as the Petition and
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`the relevant art. Id.
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`6. Mr. Lowenstein is a member in good standing of the State Bar of
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`California. Id. ¶¶ 1, 2.
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`7. Mr. Lowenstein has never been suspended or disbarred from practice
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`before any court or administrative body. Id. ¶ 3.
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`8.
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`No application of Mr. Lowenstein for admission to practice before
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`any court or administrative body has ever been denied. Id. ¶ 4.
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`9.
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`No sanctions or contempt citations have ever been imposed against
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`Mr. Lowenstein by any court or administrative body. Id. ¶ 5.
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`10. Mr. Lowenstein 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
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`part 42 of 37 C.F.R. Id. ¶ 6.
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`11. Mr. Lowenstein understands that he will be subject to the U.S.P.T.O.
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`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
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`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id. ¶ 7.
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`12. Mr. Lowenstein intends to apply, concurrent with this application, to
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`appear pro hac vice in the following co-pending matters: Hulu, LLC v.
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`- 6 -
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`Sound View Innovations, LLC (IPR2018-00017, -00366, -00582, -
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`00864, -01023, -01039); Google LLC v. SEVEN Networks, LLC
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`(IPR2018-01047, -01048, -01049, -01050, -01051, -01052, -01101, -
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`01116, -01117, -01118); Intel Corp. v. VLSI Tech. LLC (IPR2018-
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`01033, -01038, -01040, -01105, -01107, -01144); Samsung Elecs. Co.,
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`Ltd. v. SEVEN Networks, LLC (IPR2018-01106, -01108, -01122, -
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`01124, -01125, -01126, -01127); and Unified Patents Inc. v. Sound
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`View Innovations, LLC (IPR2018-00096, -00599). Id. ¶ 11.
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`13. Mr. Lowenstein has previously been admitted to appear, pro hac vice,
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`in the following matters before the U.S.P.T.O: Compass Bank v.
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`Maxim Integrated Prods., Inc. (CBM2015-00098, -00101, -00102);
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`Facebook, Inc. v. Sound View Innovations, LLC (IPR2017-00985,
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`-00986, -00998, -01002 thru -01006); Intel Corp. v. Future Link Sys.,
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`LLC (IPR2016-01398, -01401, -01402); Kingston Tech. Co. v. Polaris
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`Innovations, Ltd. (IPR2016-01621 thru -01623, IPR2017-00114, -
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`00116); and Microsoft Corp. v. IpLearn-Focus, LLC (IPR2015-00095,
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`-00097). Id. ¶ 12.
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`14. Mr. Lowenstein has previously applied for admission, pro hac vice, in
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`the following matters before the U.S.P.T.O. which were terminated
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`before the application was granted: Intel Corp. v. Future Link Sys.,
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`- 7 -
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`LLC (IPR2016-01400); and Kingston Tech. Co. v. Polaris
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`Innovations, Ltd. (IPR2017-00238). Id. ¶ 13.
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`15. Other than the matters identified in ¶¶ 13, 14, supra, Mr. Lowenstein
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`has not applied to appear pro hac vice in any other proceedings before
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`the U.S.P.T.O. in the last three years. Id. ¶ 14.
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`IV. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`NATHAN NOBU LOWENSTEIN
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`The Board may recognize counsel pro hac vice upon a showing of good
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`cause, subject to the condition that lead counsel be a registered practitioner and to
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`any other conditions as the Board may impose. 37 C.F.R. § 42.10(c).
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`The facts outlined above in the Statement of Facts, and contained in the
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`Declaration of Nathan Nobu Lowenstein (Ex. 2001), establish that there is good
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`cause to admit Mr. Lowenstein pro hac vice in this proceeding. Patent Owner’s
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`lead counsel is a registered practitioner. Mr. Lowenstein has extensive experience
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`in patent litigation and post grant patent proceedings. He also has an established
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`familiarity with the subject matter at issue, including the patents, petitions, and
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`references.
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`V. CONCLUSION
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`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`admit Mr. Lowenstein pro hac vice in this proceeding.
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`- 8 -
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`Respectfully submitted,
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`
` / Kenneth J. Weatherwax /
`Kenneth J. Weatherwax, Reg. No. 54,528
`Lowenstein & Weatherwax LLP
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`Date: July 27, 2018
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`- 9 -
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the following documents were served
`by electronic service, by agreement between the parties, on the date signed below:
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`
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`PATENT OWNER SEVEN NETWORKS, LLC’S
`MOTION FOR PRO HAC VICE ADMISSION
`OF NATHAN NOBU LOWENSTEIN
`UNDER 37 C.F.R. § 42.10(c)
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`EXHIBIT 2001
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`
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`The names and address of the parties being served are as follows:
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`W. Karl Renner (renner@fr.com)
`Roberto Devoto (devoto@fr.com)
`Jeremy Monaldo (monaldo@fr.com)
`IPR39843-0043IP1@fr.com
`PTABInbound@fr.com
`axf-ptab@fr.com
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`
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`Respectfully submitted,
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` / Keith Moore /
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`
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`Date: July 27, 2018
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