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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`JUNIPER NETWORKS, INC.,
`Petitioner,
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`v.
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`IMPLICIT, LLC,
`Patent Owner.
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`___________________
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`IPR2020-00587
`Patent No. 9,591,104
`___________________
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`JUNIPER NETWORKS INC.’S UNOPPOSED MOTION FOR PRO HAC
`VICE ADMISSION OF DENNIS J. COURTNEY UNDER 37 C.F.R. § 42.10(C)
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`
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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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`10838616
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`IPR2020-00587
`Patent No. 9,591,104
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`I. RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.10(c), Petitioner Juniper Networks, Inc., by and
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`through its attorneys, respectfully requests that the Board admit Dennis J. Courtney
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`pro hac vice in this proceeding.
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`II. GOVERNING LAW, RULES, AND PRECEDENT
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`37 C.F.R. § 42.10(c) states as follows:
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`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. For
`example, where the lead counsel is a registered
`practitioner, a motion to appear pro hac vice by counsel
`who is not a registered practitioner may be granted upon
`showing that counsel is an experienced litigating attorney
`and has an established familiarity with the subject matter
`at issue in the proceeding.
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`- 1 -
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`IPR2020-00587
`Patent No. 9,591,104
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`STATEMENT OF FACTS
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`Based on the following statement of facts, and supported by the Declaration
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`of Dennis J. Courtney submitted herewith (Exhibit 1059), Juniper Networks, Inc.
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`submits that a showing of good cause has been made and respectfully requests the
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`pro hac vice admission of Dennis J. Courtney in this proceeding:
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`1.
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`Petitioner’s Lead Counsel, Jonathan M. Lindsay, is a registered
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`practitioner (Reg. No. 45,810). First Back-up Counsel, David McPhie,
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`is also a registered practitioner (Reg. No. 56,412).
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`2. Mr. Courtney is an associate at the law firm of Irell & Manella LLP.
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`Ex. 1059 ¶ 3.
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`3. Mr. Courtney is an experienced litigating attorney and has been
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`litigating cases relating to patents for over 4 years. Id. ¶ 4.
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`4. Mr. Courtney is a member in good standing of the California State Bar,
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`and has never been suspended or disbarred from practice before any
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`court or administrative body. Id. ¶ 5.
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`5.
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`No application filed by Mr. Courtney for admission to practice before
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`any court or administrative body has ever been denied. Id. ¶ 6.
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`- 2 -
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`IPR2020-00587
`Patent No. 9,591,104
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`6.
`No sanctions or contempt citations have been imposed against Mr.
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`
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`Courtney by any court or administrative body. Id. ¶ 7.
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`7. Mr. Courtney has read and agrees to comply with the Office Patent
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`Trial Practice Guide and the Board’s Rules of Practice for Trials, as set
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`forth in Part 42 of Title 37, Code of Federal Regulations. Id. ¶ 8.
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`8. Mr. Courtney understands that he will be subject to the USPTO Rules
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`of Professional Conduct 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a). Id. ¶ 9.
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`9. Mr. Courtney has not previously sought pro hac vice admission before
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`the United States Patent and Trademark Office. Id. ¶ 10.
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`10. Mr. Courtney is also concurrently applying for pro hac vice admission
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`in IPR2020-00585, IPR2020-00586, IPR2020-00590, IPR2020-00591
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`and IPR2020-00592. Id. ¶ 11
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`11. Mr. Courtney has an established familiarity with the subject matter at
`issue in this proceeding. Mr. Courtney is involved in the related Civil
`Action No. 2:19-cv-00037-JRG-RSP (E.D. Tex.) involving U.S. Patent
`No. 9,591,104 (“the ‘104 patent”), which is at issue in this proceeding.
`Mr. Courtney has acquired substantial understanding of the underlying
`legal and technological issues at stake in the related proceeding,
`including issues related to validity of the ‘104 patent. Petitioner has
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`- 3 -
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`IPR2020-00587
`Patent No. 9,591,104
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`expended significant time and resources with Mr. Courtney and wishes
`to continue using Mr. Courtney as counsel in this proceeding as
`appropriate. Id. ¶ 12.
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`III. GOOD CAUSE EXISTS FOR PRO HAC VICE ADMISSION OF DENNIS
`J. COURTNEY
`The facts outlined above in the Statement of Facts, and contained in the
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`Declaration of Dennis J. Courtney (Ex. 1059), establish that there is good cause to
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`admit Mr. Courtney pro hac vice in this proceeding under 37 C.F.R. § 42.10.
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`Petitioner’s lead counsel and first back-up counsel are registered practitioners. Mr.
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`Courtney is an experienced litigating attorney and has an established familiarity
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`with the subject matter at issue.
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`
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`IV. NO OPPOSITION TO THE MOTION
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`Petitioner has conferred with Patent Owner with regard to this Motion, and
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`Patent Owner confirmed that it would not oppose the motion.
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`V. CONCLUSION
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`In light of the foregoing, Petitioner respectfully requests that the Board admit
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`Dennis J. Courtney pro hac vice in this proceeding.
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`- 4 -
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`IPR2020-00587
`Patent No. 9,591,104
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`Dated: May 29, 2020
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`Respectfully submitted,
`/Jonathan M. Lindsay/
`Jonathan M. Lindsay
`IRELL & MANELLA LLP
`840 Newport Center Drive, Ste. 400
`Newport Beach, CA 92660
`Tel: (949) 760-0991
`Fax: (949) 760-5200
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`Attorneys for Petitioner
`Juniper Networks, Inc.
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`- 5 -
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on May 29, 2020,
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`a copy of the foregoing document JUNIPER NETWORKS INC.’S UNOPPOSED
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`MOTION FOR PRO HAC VICE ADMISSION OF DENNIS J. COURTNEY
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`UNDER 37 C.F.R. § 42.10(C) and EXHIBIT 1059 were served by electronic mail,
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`as agreed to by the parties, upon the following:
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`DAVIS FIRM, PC
`Christian Hurt
`churt@davisfirm.com
`mbutton@davisfirm.com
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`William E. Davis, III
`bdavis@davisfirm.com
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`/Susan M. Langworthy/
` Susan M. Langworthy
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`10838616
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