`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
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`Filed on behalf of Supercell Oy
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`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
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`SUPERCELL OY,
`Petitioner
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`v.
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`GREE, INC.,
`Patent Owner.
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`
`Case PGR2018-00047
`Patent 9,770,659 B2
`_______________
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`PETITIONER SUPERCELL OY’S MOTION FOR
`PRO HAC VICE ADMISSION OF
`GEOFFREY R. MILLER PURSUANT TO 37 C.F.R. § 42.10(c)
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`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
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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
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`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 Geoffrey R. Miller in this proceeding.
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`II. GOVERNING LAWS, RULES, AND PRECEDENT
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`Section 42.10(c) states as follows:
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`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
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`Based on the following statement of facts, and supported by the Declaration
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`of Geoffrey R. Miller submitted herewith as Exhibit 1010 (“Ex. 1010”), Petitioner
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`submits that a showing of good cause has been made and respectfully requests the
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`pro hac vice admission of Geoffrey R. Miller in this proceeding:
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`1
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`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
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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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`9,770,659 (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. Miller is an associate at the law firm of Fenwick & West LLP.
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`Ex. 1010 ¶ 3.
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`4. Mr. Miller is an experienced litigating attorney and has been litigating
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`cases relating to patents for over three years, prior to which he completed a
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`one-year term clerkship for the Honorable John D. Love, United States Magistrate
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`Judge for the U.S. District Court for the Eastern District of Texas, in which he
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`primarily assisted Judge Love with patent litigation cases. Ex. 1010 ¶ 4.
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`5. Mr. Miller has an established familiarity with the subject matter at
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`issue in this proceeding. Ex. 1006 ¶ 11. He is serving as a consulting attorney in a
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`related, co-pending action before the Tokyo District Court. U.S. Patent No.
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`9,770,659 B2 is a continuation of U.S. Ser. No. 15/391,123 that claims the benefit
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`of Japanese Patent Application No. 2013-116039 filed on May 31, 2013, which
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`published as JP 6,125,128. JP 6,125,128 is asserted by GREE against Supercell Oy
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`2
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`PGR2018-00047
`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.
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`Supercell K.K., Case 2017 (Yo) No. 22165 Petition for Provisional Disposition
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`before Civil Department 29 of the Tokyo District Court. Ex. 1010 ¶ 11.
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`6. Mr. Miller is a member in good standing of the state bars of California
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`and New York. He is also a member in good standing of the state bars of
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`Massachusetts and Texas on inactive status. Ex. 1010 ¶ 5.
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`7. Mr. Miller has no suspensions or disbarments from practice before
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`any court or administrative body, with the exception of a single seven-day
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`suspension from the State Bar of Texas for being past due on annual bar fees.
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`Ex. 1010 ¶ 5.
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`8.
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`No application filed by Mr. Miller for admission to practice before
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`any court or administrative body has ever been denied. Ex. 1010 ¶ 6.
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`9.
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`No sanctions or contempt citations have been imposed against
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`Mr. Miller by any court or administrative body. Ex. 1010 ¶ 7.
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`10. Mr. Miller has read and agrees to comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of
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`37 C.F.R. Ex. 1010 ¶ 8.
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`3
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`PGR2018-00047
`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. 1010 ¶ 9.
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`12. Mr. Miller applied to appear pro hac vice in one post grant review
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`proceeding before the Office within the last three (3) years, PGR2018-00008,
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`which was conditionally granted on September 20, 2018. Petitioner is also
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`concurrently moving for Mr. Miller to appear pro hac vice in PGR2018-00029,
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`PGR2018-00036, PGR2018-00039, PGR2018-00050, PGR2018-00055,
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`PGR2018-00060, and PGR2018-00061. Ex. 1010 ¶ 10.
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`IV. GOOD CAUSE EXISTS FOR THE ADMISSION PRO HAC VICE OF
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`MR. MILLER 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 Geoffrey R. Miller (Ex. 1010), establish that there is good cause to
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`admit Mr. Miller pro hac vice in this proceeding under 37 C.F.R. § 42.10.
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`Mr. Miller is an experienced litigating attorney, and Mr. Miller has an established
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`familiarity with the subject matter at issue.
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`4
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`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
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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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`Geoffrey R. Miller in this proceeding.
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`Dated: January 17, 2019
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`Respectfully submitted,
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`/Jennifer R. Bush/
`JENNIFER R. BUSH
`Reg. No. 50,784
`Attorney for Petitioner
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`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Geoffrey R. Miller
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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 17,
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`2019, a copy of the foregoing document, Petitioner’s Motion for Pro Hac Vice
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`Admission of Geoffrey R. Miller Pursuant to 37 C.F.R. § 42.10(c), and
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`supporting Exhibit 1010 were served on Patent Owner’s lead and backup counsel
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`in their entirety by electronic service by email at the email addresses provided
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`Andrew W. Rinehart (Reg. No. 75,537)
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101
`arinehart@kilpatricktownsend.com
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`Scott E. Kolassa (Reg. No. 55,337)
`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`Menlo Park, CA 94025
`skolassa@kilpatricktownsend.com
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`
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`below:
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`John C. Alemanni (Reg. No.47,384)
`Kilpatrick Townsend & Stockton LLP
`4208 Six Forks Road, Suite 1400
`Raleigh, NC 27609
`jalemanni@kilpatricktownsend.com
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`Dated: January 17, 2019
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`Fenwick & West LLP
`801 California Street
`Mountain View, CA 94041
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`6
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`FENWICK & WEST LLP
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`/Jennifer R. Bush/
`JENNIFER R. BUSH
`Reg. No. 50,784
`Attorney for Petitioner
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