PGR2018-00029
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
`
`Filed on behalf of Supercell Oy
`
`By:
`JENNIFER R. BUSH, Reg. No 50,784
`MICHAEL J. SACKSTEDER
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile: 650.938.5200
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner.
`
`
`Case PGR2018-00029
`Patent 9,636,583 B2
`_______________
`
`PETITIONER SUPERCELL OY’S MOTION FOR
`PRO HAC VICE ADMISSION OF
`GEOFFREY R. MILLER PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
`
`Filed on behalf of Supercell Oy
`
`By:
`JENNIFER R. BUSH, Reg. No 50,784
`MICHAEL J. SACKSTEDER
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile: 650.938.5200
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner.
`
`
`Case PGR2018-00029
`Patent 9,636,583 B2
`_______________
`
`PETITIONER SUPERCELL OY’S MOTION FOR
`PRO HAC VICE ADMISSION OF
`GEOFFREY R. MILLER PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`
`PGR2018-00029
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
`
`I.
`
`RELIEF REQUESTED
`
`Pursuant to the authorization provided by the Board in Paper No. 3 at
`
`page 2, Petitioner Supercell Oy petitions under 37 C.F.R. § 42.10(c) for the
`
`pro hac vice admission of Geoffrey R. Miller in this proceeding.
`
`II. GOVERNING LAWS, RULES, AND PRECEDENT
`
`Section 42.10(c) states as follows:
`
`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.
`III. STATEMENT OF FACTS
`
`Based on the following statement of facts, and supported by the Declaration
`
`of Geoffrey R. Miller submitted herewith as Exhibit 1008 (“Ex. 1008”), Petitioner
`
`submits that a showing of good cause has been made and respectfully requests the
`
`pro hac vice admission of Geoffrey R. Miller in this proceeding:
`
`1
`
`
`
`PGR2018-00029
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
`
`
`1.
`
`This authorized petition is filed more than twenty-one (21) days after
`
`Petitioner’s service of the PETITION FOR POST-GRANT REVIEW OF U.S. PATENT
`
`9,636,583 (Paper No. 1) and after the filing of PATENT OWNER’S MANDATORY
`
`NOTICES (Paper No. 6).
`
`2.
`
`Petitioner’s current lead counsel, Jennifer R. Bush, is a registered
`
`practitioner (Reg. No 50,784).
`
`3. Mr. Miller is an associate at the law firm of Fenwick & West LLP.
`
`Ex. 1008 ¶ 3.
`
`4. Mr. Miller is an experienced litigating attorney and has been litigating
`
`cases relating to patents for over three years, prior to which he completed a one-
`
`year term clerkship for the Honorable John D. Love, United States Magistrate
`
`Judge for the U.S. District Court for the Eastern District of Texas, in which he
`
`primarily assisted Judge Love with patent litigation cases. Ex. 1008 ¶ 4.
`
`5. Mr. Miller has an established familiarity with the subject matter at
`
`issue in this proceeding. Ex. 1006 ¶ 11. He is serving as a consulting attorney in a
`
`related, co-pending action before the Tokyo District Court. U.S. Patent No.
`
`9,636,583 B2 is a continuation of U.S. Ser. No. 14/291,358 that claims the benefit
`
`of Japanese Patent Application No. 2013-116039 filed on May 31, 2013, which
`
`published as JP 6,125,128. JP 6,125,128 is asserted by GREE against Supercell Oy
`
`2
`
`
`
`PGR2018-00029
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
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`and Supercell K.K. in the following patent infringement lawsuit: GREE, Inc. v.
`
`Supercell K.K., Case 2017 (Yo) No. 22165 Petition for Provisional Disposition
`
`before Civil Department 29 of the Tokyo District Court. Ex. 1008 ¶ 11.
`
`6. Mr. Miller is a member in good standing of the state bars of California
`
`and New York. He is also a member in good standing of the state bars of
`
`Massachusetts and Texas on inactive status. Ex. 1008 ¶ 5.
`
`7. Mr. Miller has no suspensions or disbarments from practice before
`
`any court or administrative body, with the exception of a single seven-day
`
`suspension from the State Bar of Texas for being past due on annual bar fees.
`
`Ex. 1008 ¶ 5.
`
`8.
`
`No application filed by Mr. Miller for admission to practice before
`
`any court or administrative body has ever been denied. Ex. 1008 ¶ 6.
`
`9.
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`No sanctions or contempt citations have been imposed against
`
`Mr. Miller by any court or administrative body. Ex. 1008 ¶ 7.
`
`10. Mr. Miller has read and agrees to comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of
`
`37 C.F.R. Ex. 1008 ¶ 8.
`
`3
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`
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`PGR2018-00029
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
`
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`11. Mr. Miller understands that he will be subject to the USPTO Rules of
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`Professional Conduct 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction
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`under 37 C.F.R. § 11.19(a). Ex. 1008 ¶ 9.
`
`12. Mr. Miller applied to appear pro hac vice in one post-grant review
`
`proceeding before the Office within the last three (3) years, PGR2018-00008,
`
`which was conditionally granted on September 20, 2018. Petitioner is also
`
`concurrently moving for Mr. Miller to appear pro hac vice in PGR2018-00036,
`
`PGR2018-00039, PGR2018-00047, PGR2018-00050, PGR2018-00055,
`
`PGR2018-00060, PGR2018-00061. Ex. 1008 ¶ 10.
`
`IV. GOOD CAUSE EXISTS FOR THE ADMISSION PRO HAC VICE OF
`
`MR. MILLER IN THIS PROCEEDING
`
`The facts outlined above in the Statement of Facts, and contained in the
`
`Declaration of Geoffrey R. Miller (Ex. 1008), establish that there is good cause to
`
`admit Mr. Miller pro hac vice in this proceeding under 37 C.F.R. § 42.10.
`
`Mr. Miller is an experienced litigating attorney, and Mr. Miller has an established
`
`familiarity with the subject matter at issue.
`
`4
`
`
`
`PGR2018-00029
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
`
`V.
`
`CONCLUSION
`
`For the foregoing reasons as well as the reasons in the attached declaration,
`
`Petitioner Supercell Oy respectfully requests the pro hac vice admission of
`
`Geoffrey R. Miller in this proceeding.
`
`
`
`Dated: January 17, 2019
`
`Respectfully submitted,
`
`
`/Jennifer R. Bush/
`JENNIFER R. BUSH
`Reg. No. 50,784
`Attorney for Petitioner
`
`
`
`
`
`
`
`5
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`
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`PGR2018-00029
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
`
`
`CERTIFICATION OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on January 17,
`
`2019, a copy of the foregoing document, Petitioner’s Motion for Pro Hac Vice
`
`Admission of Geoffrey R. Miller Pursuant to 37 C.F.R. § 42.10(c), and
`
`supporting Exhibit 1008 were served on Patent Owner’s lead and backup counsel
`
`in their entirety by electronic service by email at the email addresses provided
`
`below:
`
`John C. Alemanni (Reg. No.47,384)
`Kilpatrick Townsend & Stockton LLP
`4208 Six Forks Road, Suite 1400
`Raleigh, NC 27609
`jalemanni@kilpatricktownsend.com
`
`
`Dated: January 16, 2019
`
`
`Fenwick & West LLP
`801 California Street
`Mountain View, CA 94041
`
`Andrew W. Rinehart (Reg. No. 75,537)
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101
`arinehart@kilpatricktownsend.com
`
`Scott E. Kolassa (Reg. No. 55,337)
`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`Menlo Park, CA 94025
`skolassa@kilpatricktownsend.com
`
`
`FENWICK & WEST LLP
`
`
`/Jennifer R. Bush/
`JENNIFER R. BUSH
`Reg. No. 50,784
`Attorney for Petitioner
`
`
`
`
`
`
`
`6
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