UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`DELL INC.,
`ZTE (USA) INC.,
`and
`ZTE CORPORATION,
`Petitioners
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`v.
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`3G LICENSING S.A.,
`Patent Owner
`
`Case IPR2020-01157
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`U.S. Patent No. 7,274,933
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`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 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
`Submitted Electronically via PTAB E2E
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DELL INC.,
`ZTE (USA) INC.,
`and
`ZTE CORPORATION,
`Petitioners
`
`v.
`
`3G LICENSING S.A.,
`Patent Owner
`
`Case IPR2020-01157
`
`U.S. Patent No. 7,274,933
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`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`Submitted Electronically via PTAB E2E
`
`
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`
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`I.
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`STATEMENT OF THE PRECISE RELIEF REQUESTED
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`Pursuant to 37 C.F.R. §§ 42.10(c) and 42.22, Patent Owner 3G Licensing
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`S.A. (“3G”) respectfully requests that the Board recognize Stephanie Berger of
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`Devlin Law Firm LLC as backup counsel pro hac vice during this proceeding. The
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`facts, supported by the attached Declaration of Stephanie Berger in Support of
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`Motion for Admission Pro Hac Vice (“Berger Decl.”, Exhibit 2002), establish good
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`cause to admit Ms. Berger pro hac vice in this proceeding. Patent Owner conferred
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`with Petitioners and Petitioners confirmed they do not oppose this Motion.
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`II.
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`STATEMENT OF FACTS
`The following statement of facts shows that there is good cause for the Board
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`to recognize Ms. Berger pro hac vice. Ms. Berger is a litigation attorney and has an
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`established familiarity with the subject matter at issue in this proceeding.
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`Lead counsel for Patent Owner, Timothy Devlin, is a registered practitioner
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`(Reg. No. 41,706) and experienced in inter partes proceedings in the USPTO.
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`Along with Timothy Devlin, Stephanie Berger represents 3G Licensing S.A. in
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`connection with the pending district actions captioned Sisvel International S.A. and
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`3G Licensing S.A. v. Dell, Inc., Case No. 19-01247-MN (D. Del.); Sisvel
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`International S.A. and 3G Licensing S.A. v. ZTE (USA) Inc. and ZTE Corporation,
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`Case No. 3:19-cv-01694-N (N.D. Tex.).
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`1
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`
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`Stephanie Berger joined Devlin Law Firm LLC as an intellectual property
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`litigation attorney in January 2019 after serving for three years as an associate at
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`Radulescu LLP and three years as an associate at Vinson & Elkins LLP. (Berger
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`Decl. ¶ 1.)
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`While at Vinson & Elkins LLP, Radulescu LLP, and now at Devlin Law Firm
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`LLC, Ms. Berger has primarily focused her practice on patent litigation. (Id. at ¶ 2.)
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`In that time, Ms. Berger has gained experience conducting technical infringement
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`and validity analysis, working with technical experts to prepare reports on
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`infringement and validity issues, preparing for depositions of technical experts and
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`fact witnesses, briefing claim construction issues, preparing for Markman hearings,
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`and assisting in patent litigation trials and hearings before district courts around the
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`country. (Berger Decl. ¶ 2.)
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`Ms. Berger is a member in good standing of the New York State Bar and the
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`New Jersey State Bar. (Id. at ¶ 3.)
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`Ms. Berger has never been suspended or disbarred from practice before any
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`court or administrative body. (Id. at ¶ 4.) She has never had an application for
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`admission to practice before any court or administrated body denied. (Id.) Nor has
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`any court or administrative body imposed sanctions or contempt citations against
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`her. (Id.)
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`2
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`Ms. Berger 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 the C.F.R.
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`(Id. at ¶ 5.) Ms. Berger will be subject to the United States Patent and Trademark
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`Office Code of Professional Responsibility set forth in 37 C.F.R. § 10.20 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). (Id. at ¶ 6.)
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`Ms. Berger is concurrently applying for pro hac vice admission in the
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`following proceedings: IPR2020-1158, IPR2020-1159, IPR2020-1160, IPR2020-
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`1161, and IPR2020-1162. She was previously admitted pro hac vice in the
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`following IPR proceedings: IPR2020-1070, IPR2020-1071, IPR2020-1099,
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`IPR2020-1102, IPR2020-1103, IPR2020-00264, IPR2020-00265, IPR2020-00274,
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`IPR2020-00275, IPR2015-1287, IPR2015-1290 and IPR2015-1291. (Id. at ¶ 7.)
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`Ms. Berger is an experienced litigation attorney and has established
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`familiarity with the subject matter at issue in this proceeding. (Id. at ¶¶ 8-9.) She is
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`familiar with U.S. Patent No. 7,274,933 and all prior art references and alleged
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`grounds of invalidity relied upon by Petitioners in this proceeding. (Id. at ¶ 9.) Ms.
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`Berger also participated in drafting the Patent Owner’s Preliminary Response in this
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`proceeding. (Id.) Moreover, Ms. Berger has engaged and will continue to engage
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`in extensive strategic and substantive discussions regarding this proceeding with
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`Timothy Devlin, who is a registered practitioner and the lead counsel for 3G in this
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`proceeding. (Id.)
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`3
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`
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`In addition, Ms. Berger has an engineering background that will be helpful in
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`this proceeding. She holds degrees in Materials Science and Engineering, for which
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`she studied electronic materials and devices. (Id. at ¶ 10.) She also has experience
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`working as a design engineer in the oilfield services industry. (Id.)
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`Therefore, Patent Owner respectfully submits that there is good cause for the
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`Board to recognize Ms. Berger as counsel pro hac vice during this proceeding.
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`III. ANALYSIS
`The facts contained in the Statement of Facts above and Ms. Berger’s
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`Declaration establish that there is good cause to admit Ms. Berger pro hac vice in
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`this proceeding under 37 C.F.R. § 42.10 as backup counsel. Lead counsel Timothy
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`Devlin is a registered practitioner and experienced in inter partes proceedings in the
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`USPTO. Ms. Berger is an experienced patent litigation attorney and has an
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`established familiarity with the subject matter at issue in this proceeding.
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`IV. CONCLUSION
`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`admit Stephanie Berger pro hac vice in this proceeding.
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`4
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`Dated: May 7, 2021
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`DEVLIN LAW FIRM LLC
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`/s/ Timothy Devlin
`Timothy Devlin
`Registration No. 41,706
`1526 Gilpin Avenue
`Wilmington, DE 19806
`(302)-449-9010
`TD-PTAB@devlinlawfirm.com
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`Attorney for Patent Owner
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`5
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`CERTIFICATE OF SERVICE
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`
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on May 7,
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`2021, the foregoing document is being served via electronic mail upon the
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`following counsel of record for Petitioners:
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`Counsel for ZTE (USA) Inc. and ZTE Corporation
`LEAD COUNSEL
`BACKUP COUNSEL
`
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`John R. Hutchins (Reg. 43,686)
`C. Andy Mu (Reg. 58,216)
`jhutchins@bannerwitcoff.com
`amu@bannerwitcoff.com
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`
`Banner & Witcoff, Ltd.
`Craig W. Kronenthal (Reg. 58,541)
`1100 13th Street, NW, Suite 1200
`ckronenthal@bannerwitcoff.com
`Washington, DC 20005
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`Tel: 202-824-3000
`Wesley W. Jones (Reg. 56,552)
`Fax: 202-824-3001
`wjones@bannerwitcoff.com
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`Shambhavi Patel (Reg. 73,478)
`spatel@bannerwitcoff.com
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`Banner & Witcoff, Ltd.
`1100 13th Street, NW, Suite 1200
`Washington, DC 20005
`Tel: 202-824-3000
`Fax: 202-824-3001
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`Additional email for service: ZTEIPRService@bannerwitcoff.com
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`6
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`LEAD COUNSEL
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`Brian M. Buroker (Reg. 39,125)
`bburoker@gibsondunn.com
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`Gibson, Dunn & Crutcher LLP
`1050 Connecticut Ave. NW
`Washington, DC 20036
`Phone: (202) 955-8500
`Fax: (202) 467-0539
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`Counsel for Dell, Inc.
`BACKUP COUNSEL
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`Paul Torchia (Reg. 55,683)
`ptorchia@gibsondunn.com
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`Gibson, Dunn, & Crutcher LLP
`200 Park Avenue
`New York, NY 10166
`Phone: (212) 351-3953
`Fax: (212) 351-6352
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`Nathan R. Curtis (Reg. 70,471)
`ncurtis@gibsondunn.com
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`Gibson, Dunn & Crutcher LLP
`2001 Ross Ave., Ste. 2100
`Dallas, TX 75201
`Phone: (214) 698-3100
`Fax: (214) 571-2900
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`Additional email for service: Dell-IPRService@gibsondunn.com
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`/s/ Timothy Devlin
`Timothy Devlin
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`7
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