UNITED STATES PATENT AND TRADEMARK OFFICE
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`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
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`
`
`
`
`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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`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 Andrew DeMarco 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 Andrew DeMarco in support of
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`Motion for Admission Pro Hac Vice (“DeMarco Decl.”, Exhibit 2004), establish
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`good cause to admit Mr. DeMarco pro hac vice in this proceeding. Patent Owner
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`conferred with Petitioners and Petitioners confirmed they do not oppose this
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`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 Mr. DeMarco pro hac vice. Mr. DeMarco is a litigation attorney and
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`has an 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, Andrew DeMarco 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. Cradlepoint, Inc., Case No. 19-1142-MN (D. Del.); Sisvel
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`International S.A. and 3G Licensing S.A. v. Dell, Inc., Case No. 19-01247-MN (D.
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`Del.); Sisvel International S.A. and 3G Licensing S.A. v. ZTE (USA) Inc. and ZTE
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`Corporation, Case No. 3:19-cv-01694-N (N.D. Tex.).
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`Andrew DeMarco joined Devlin Law Firm LLC as an intellectual property
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`litigation attorney in January 2019. (DeMarco Decl. ¶ 1.) Mr. DeMarco has gained
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`experience conducting technical infringement and validity analysis, working with
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`technical experts to prepare reports on infringement and validity issues, preparing
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`for depositions of fact witnesses, briefing claim construction issues, preparing for
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`Markman hearings, and assisting in patent litigation trials before district courts
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`around the country. (Id. at ¶ 1.)
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`Mr. DeMarco is a member in good standing of the Pennsylvania State Bar
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`and the Delaware State Bar. (Id. at ¶ 2.) Mr. DeMarco has never been suspended
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`or disbarred from practice before any court or administrative body. (Id. at ¶ 3.) He
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`has never had an application for admission to practice before any court or
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`administrated body denied. Nor has any court or administrative body imposed
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`sanctions or contempt citations against him. (Id. at ¶ 3.)
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`Mr. DeMarco 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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`(DeMarco Decl. at ¶ 4.) Mr. DeMarco will be subject to the United States Patent
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`and Trademark Office Code of Professional Responsibility set forth in 37 C.F.R.
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`§ 10.20 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a). (Id. at ¶ 5.)
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`3
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`Mr. DeMarco 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. He was previously admitted pro hac vice in the following
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`IPR proceedings: IPR2020-1070, IPR2020-1071, IPR2020-1099 and IPR2020-
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`1102, IPR2020-1103 and IPR2019-00471. (Id. at ¶ 6.)
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`Mr. DeMarco is a litigation attorney and has established familiarity with the
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`subject matter at issue in this proceeding. (DeMarco Decl. at ¶¶ 7-8.) He is familiar
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`with U.S. Patent No. 7,274,933 and all prior art references and alleged grounds of
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`invalidity relied upon by Petitioners in this proceeding. (Id. at ¶ 8.) Mr. DeMarco
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`also participated in drafting the Patent Owner’s Preliminary Response in this
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`proceeding. (Id.) Moreover, Mr. DeMarco 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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`Therefore, Patent Owner respectfully submits that there is good cause for the
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`Board to recognize Mr. DeMarco as counsel pro hac vice during this proceeding.
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`III. ANALYSIS
`The facts contained in the Statement of Facts above and Mr. DeMarco’s
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`Declaration establish that there is good cause to admit Mr. DeMarco 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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`4
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`Devlin is a registered practitioner and experienced in inter partes proceedings in the
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`USPTO.
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`IV. CONCLUSION
`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`admit Andrew DeMarco pro hac vice in this proceeding.
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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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`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
`
`
`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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