UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`CIRRUS DESIGN CORPORATION.
`
`Petitioner,
`
`v.
`
`HOYT AUGUSTUS FLEMING
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00762
`
`Patent RE47,474
`
`____________
`
`PATENT OWNER MOTION FOR ADMISSION
`PRO HAC VICE OF MICHAEL S. DOWLER
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`CIRRUS DESIGN CORPORATION.
`
`Petitioner,
`
`v.
`
`HOYT AUGUSTUS FLEMING
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00762
`
`Patent RE47,474
`
`____________
`
`PATENT OWNER MOTION FOR ADMISSION
`PRO HAC VICE OF MICHAEL S. DOWLER
`
`
`
`I. RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Hoyt Augustus Fleming
`
`requests that the Board admit Michael S. Dowler pro hac vice in this proceeding.
`
`Petitioner has indicated that they will not oppose this motion.
`
`II. GOVERNING RULE
`
`Pursuant to 37 C.F.R. §42.10(c), 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.
`SHOWING UNDER 37 C.F.R. §42.10(c)
`
`III.
`
`The undersigned is a registered practitioner and is experienced in inter
`
`partes proceedings before the Board. Based on the following facts and the
`
`accompanying Declaration of Michael S. Dowler in Support of Motion for
`
`Admission Pro Hac Vice (Ex. 2001), Patent Owner submits that a showing of good
`
`cause has been made and respectfully requests pro hac vice admission of Michael
`
`S. Dowler as back-up counsel in this proceeding. Mr. Dowler is a member in good
`
`standing of the Texas State Bar, with no suspensions or disbarments from practice,
`
`nor any application for admission to practice denied, nor any sanctions or contempt
`
`2
`
`
`
`citations, and is admitted (or has been admitted Pro Hac Vice) to practice in the
`
`following Courts and Adjudicative Bodies:
`
`- United States Patent and Trademark Office
`- Supreme Court of Texas
`- United States Court of Appeals for the Federal Circuit
`- United States Court of Appeals for the Ninth Circuit
`- United States Court of Federal Claims
`- United States International Trade Commission
`- United States District Court for the Central District of California
`- United States District Court for the Northern District of California
`- United States District Court for the Southern District of California
`- United States District Court for the District of Colorado
`- United States District Court for the District of Delaware
`- United States District Court for the District of Idaho
`- United States District Court for the District of Minnesota
`- United States District Court for the Southern District of New York
`- United States District Court for the Eastern District of Texas
`- United States District Court for the Northern District of Texas
`- United States District Court for the Southern District of Texas
`- United States District Court for the District of Utah
`- United States District Court for the Western District of Washington
`- United States District Court for the Western District of Wisconsin
`(Ex. 2001 at ¶¶ 2-5.)
`
`Mr. Dowler has specialized in litigation and trial of highly complex
`
`intellectual property matters for 28 years. Mr. Dowler also appears pro hac vice in
`
`another proceeding in front of the Patent Trial and Appeal Board challenging the
`
`claims of U.S. Patent No. RE47,474, IPR2019-01566. (Id. at ¶¶ 2, 7.)
`
`Mr. Dowler has familiarity with the subject matter at issue in the proceeding.
`
`Mr. Dowler has reviewed U.S. Patent No. RE47,474. Mr. Dowler is counsel for
`
`Defendant in the related district court litigation Cirrus Design Corporation v.
`
`3
`
`
`
`Fleming, Case No. 0:19-cv-01286-JRT-LIB (D. Minn). That litigation also
`
`involves U.S. Patent No. RE47,474. Moreover, Mr. Dowler has reviewed the
`
`Petition for Inter Partes review and the Declaration of Frank Hoffmann as filed by
`
`Petitioner in this proceeding. Therefore, Mr. Dowler has familiarity with the
`
`subject matter at issue in this proceeding. (Id. at ¶ 8.)
`
`IV. CONCLUSION
`
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`admit Michael S. Dowler pro hac vice as back-up counsel in this proceeding.
`
`Respectfully submitted,
`GARDELLA GRACE P.A.
`
`/Greg H. Gardella/
`Greg H. Gardella, Reg. No. 46,045
`Counsel for Patent Owner
`HOYT AUGUSTUS FLEMING
`
`Date: May 12, 2020
`
`GARDELLA GRACE P.A.
`80 M Street SE, 1st Floor
`Washington, DC 20003
`Telephone: (703) 556-9600
`Facsimile: (703) 740-4541
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies service of
`
`PATENT OWNER MOTION FOR ADMISSION PRO HAC VICE OF MICHAEL
`
`S. DOWLER along with the attached DECLARATION OF MICHAEL S.
`
`DOWLER IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE on
`
`the counsel of record for the Petitioner by filing this document through the PTAB
`
`E2E System as well as delivering a copy to the following address(es):
`
`Victor P. Jonas, Victor.Jonas.ptab@faegredrinker.com
`Kevin P. Wagner, Kevin.Wagner@faegredrinker.com
`Joel D. Sayres, Joel.Sayres@faegredrinker.com
`
`Respectfully submitted,
`GARDELLA GRACE P.A.
`
`/Esther Carner/
`Esther Carner
`on behalf of Patent Owner
`HOYT AUGUSTUS FLEMING
`
`Date: May 12, 2020
`
`GARDELLA GRACE P.A.
`80 M Street SE, 1st Floor
`Washington, DC 20003
`Telephone: (703) 556-9600
`Facsimile: (703) 740-4541
`
`
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