`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
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`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
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner.
`
`Case PGR2018-00036
`Patent 9,662,580
`_______________
`
`PETITIONER SUPERCELL OY’S MOTION FOR
`PRO HAC VICE ADMISSION OF
`MICHAEL J. SACKSTEDER PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`PGR2018-00036
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
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`I.
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`RELIEF REQUESTED
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`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
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`pro hac vice admission of Michael J. Sacksteder in this proceeding.
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`II.
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`GOVERNING LAWS, RULES, AND PRECEDENT
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`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.
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`III.
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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 Michael J. Sacksteder submitted herewith as Exhibit 1006 (“Ex. 1006”),
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`Petitioner submits that a showing of good cause has been made and respectfully
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`requests the pro hac vice admission of Michael J. Sacksteder in this proceeding:
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`1
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`PGR2018-00036
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
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`1.
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`This authorized petition is filed more than twenty-one (21) days after
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`Petitioner’s service of the PETITION FOR POST-GRANT REVIEW OF U.S. PATENT
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`9,662,580 (Paper No. 1) and after the filing of PATENT OWNER’S MANDATORY
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`NOTICES (Paper No. 4).
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`2.
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`Petitioner’s current lead counsel, Jennifer R. Bush, is a registered
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`practitioner (Reg. No 50,784).
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`3. Mr. Sacksteder is a partner at the law firm of Fenwick & West LLP.
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`Ex. 1006 ¶ 3.
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`4. Mr. Sacksteder is an experienced litigating attorney and has been
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`litigating cases relating to patents for over twenty years. Ex. 1006 ¶ 4.
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`5. Mr. Sacksteder has an established familiarity with the subject matter
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`at issue in this proceeding. Ex. 1006 ¶ 11-12. He is serving as the lead attorney in
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`a co-pending district court patent litigation matter between the parties and as a
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`consulting attorney in several co-pending patent litigation matters between the
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`parties in Japan. He has also reviewed the '580 patent and the Petition filed in this
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`case. Ex. 1006 ¶ 11-12.
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`6. Mr. Sacksteder is a member in good standing of the California State
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`Bar. Ex. 1006 ¶ 5.
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`2
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`PGR2018-00036
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
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`7.
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`Mr. Sacksteder has never been suspended or disbarred from practice
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`before any court or administrative body. Ex. 1006 ¶ 5.
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`8.
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`No application filed by Mr. Sacksteder for admission to practice
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`before any court or administrative body has ever been denied. Ex. 1006 ¶ 6.
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`9.
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`No sanctions or contempt citations have been imposed against
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`Mr. Sacksteder by any court or administrative body. Ex. 1006 ¶ 7.
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`10. Mr. Sacksteder 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 set forth in part 42
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`of 37 C.F.R. Ex. 1006 ¶ 8.
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`11. Mr. Sacksteder understands that he will be subject to the USPTO
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`Rules 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). Ex. 1006 ¶ 9.
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`12. Mr. Sacksteder has applied and been admitted to appear pro hac vice
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`in nine inter partes review proceedings and three post grant review proceeding
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`before the Office within the last three (3) years. Petitioner is also concurrently
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`moving for Mr. Sacksteder to appear pro hac vice in PGR2018-00039,
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`PGR2018-00050, PGR2018-00055, PGR2018-00060, and PGR2018-00061. Ex.
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`1006 ¶ 10.
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`3
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`PGR2018-00036
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
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`IV. GOOD CAUSE EXISTS FOR THE ADMISSION PRO HAC VICE OF
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`MR. SACKSTEDER IN THIS PROCEEDING
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`The facts outlined above in the Statement of Facts, and contained in the
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`Declaration of Michael J. Sacksteder (Ex. 1006), establish that there is good cause
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`to admit Mr. Sacksteder pro hac vice in this proceeding under 37 C.F.R. § 42.10.
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`Mr. Sacksteder is an experienced litigating attorney, and Mr. Sacksteder has an
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`established familiarity with the subject matter at issue.
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`V.
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`CONCLUSION
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`For the foregoing reasons as well as the reasons in the attached declaration,
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`Petitioner Supercell Oy respectfully requests the pro hac vice admission of
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`Michael J. Sacksteder in this proceeding.
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`Dated: January 14, 2019
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`Respectfully submitted,
`
`/Jennifer R. Bush/
`
`JENNIFER R. BUSH
`Reg. No. 50,784
`Attorney for Petitioner
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`4
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`PGR2018-00036
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
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`CERTIFICATION OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on January 14,
`
`2019, a copy of the foregoing document, Petitioner’s Motion For Pro Hac Vice
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`Admission of Michael J. Sacksteder Pursuant to 37 C.F.R. § 42.10(c), and
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`supporting Exhibit 1006 were served on Patent Owner’s lead and backup counsel in
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`their entirety by electronic service by email at the email addresses provided below:
`
`Timothy J. Maier
`Siddhesh V. Pandit
`Christopher J. Maier
`Maier & Maier, PLLC
`345 S. Patrick Street
`Alexandria, VA 22314
`Email: tjm@maierandmaier.com
`svg@maierandmaier.com
`cjm@maierandmaier.com
`patent@maierandmaier.com
`
`Dated: January 14, 2019
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`FENWICK & WEST LLP
`
`Fenwick & West LLP
`801 California Street
`Mountain View, CA 94041
`
`
`
`/Jennifer R. Bush/
`JENNIFER R. BUSH
`Reg. No. 50,784
`Attorney for Petitioner
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`5
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