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PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
`
`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 PGR2018-00047
`Patent 9,770,659
`_______________
`
`PETITIONER SUPERCELL OY’S MOTION FOR
`PRO HAC VICE ADMISSION OF
`MICHAEL J. SACKSTEDER PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`

`

`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
`
`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 Michael J. Sacksteder 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 Michael J. Sacksteder submitted herewith as Exhibit 1009 (“Ex. 1009”),
`
`Petitioner submits that a showing of good cause has been made and respectfully
`
`requests the pro hac vice admission of Michael J. Sacksteder in this proceeding:
`
`1
`
`

`

`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
`
`
`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 9,770,659 (Paper No. 1) and after the filing of PATENT OWNER’S
`
`MANDATORY NOTICES (Paper No. 4).
`
`2.
`
`Petitioner’s current lead counsel, Jennifer R. Bush, is a registered
`
`practitioner (Reg. No 50,784).
`
`3. Mr. Sacksteder is a partner at the law firm of Fenwick & West LLP.
`
`Ex. 1009 ¶ 3.
`
`4. Mr. Sacksteder is an experienced litigating attorney and has been
`
`litigating cases relating to patents for over twenty years. Ex. 1009 ¶ 4.
`
`5. Mr. Sacksteder has an established familiarity with the subject matter
`
`at issue in this proceeding. Ex. 1009 ¶ 11. He is serving as a consulting attorney
`
`in a related, co-pending action before the Tokyo District Court. Patent No.
`
`9,770,659 (the “’659 patent”) is a continuation of U.S. Serial No. 15/253,964,
`
`which is a continuation of 14/291,358, which 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 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
`
`2
`
`

`

`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
`
`Department 29 of the Tokyo District Court. The ’659 patent is a continuation of
`
`U.S. Patent 9,636,583, which is the subject of a Post Grant Review petition filed by
`
`Petitioner on February 1, 2018, assigned Post Grant Review No. PGR2018-00029.
`
`Ex. 1009 ¶ 11.
`
`6. Mr. Sacksteder is a member in good standing of the California State
`
`Bar. Ex. 1009 ¶ 5.
`
`7. Mr. Sacksteder has never been suspended or disbarred from practice
`
`before any court or administrative body. Ex. 1009 ¶ 5.
`
`8.
`
`No application filed by Mr. Sacksteder for admission to practice
`
`before any court or administrative body has ever been denied. Ex. 1009 ¶ 6.
`
`9.
`
`No sanctions or contempt citations have been imposed against
`
`Mr. Sacksteder by any court or administrative body. Ex. 1009 ¶ 7.
`
`10. Mr. Sacksteder 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. 1009 ¶ 8.
`
`11. Mr. Sacksteder understands that he will be subject to the USPTO
`
`Rules of Professional Conduct 37 C.F.R. §§ 11.101 et seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a). Ex. 1009 ¶ 9.
`
`12. Mr. Sacksteder has applied and been admitted to appear pro hac vice
`
`3
`
`

`

`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
`
`in nine inter partes review proceedings and one post grant review proceeding
`
`before the Office within the last three (3) years. Petitioner is also concurrently
`
`moving for Mr. Sacksteder to appear pro hac vice in PGR2018-00029. Ex. 1009
`
`¶ 10.
`
`IV. GOOD CAUSE EXISTS FOR THE ADMISSION PRO HAC VICE OF
`
`MR. SACKSTEDER IN THIS PROCEEDING
`
`The facts outlined above in the Statement of Facts, and contained in the
`
`Declaration of Michael J. Sacksteder (Ex. 1009), establish that there is good cause
`
`to admit Mr. Sacksteder pro hac vice in this proceeding under 37 C.F.R. § 42.10.
`
`Mr. Sacksteder is an experienced litigating attorney, and Mr. Sacksteder has an
`
`established familiarity with the subject matter at issue.
`
`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
`
`Michael J. Sacksteder in this proceeding.
`
`
`
`Dated: May 17, 2018
`
`Respectfully submitted,
`
`
`/Jennifer R. Bush/
`
`JENNIFER R. BUSH
`
`
`
`
`
`4
`
`

`

`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
`
`
`Reg. No. 50,784
`Attorney for Petitioner
`
`5
`
`

`

`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
`
`
`CERTIFICATION OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on May 17, 2018,
`
`a copy of the foregoing document, PETITIONER’S MOTION FOR PRO HAC
`
`VICE ADMISSION OF MICHAEL J. SACKSTEDER PURSUANT TO
`
`37 C.F.R. § 42.10(c), and supporting EXHIBIT 1009 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
`Telephone: (919) 420-1724
`Fax: (919) 420-1800
`Email:
`jalemanni@kilpatricktownsend.com
`
`Andrew W. Rinehart (Reg. No. 75,537)
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101
`Telephone: (336) 607-7312
`Fax: (336) 607-7500
`Email:
`arinehart@kilpatricktownsend.com
`
`Scott E. Kolassa (Reg. No. 55,337)
`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 324-6349
`Fax: (650) 326-2422
`Email:
`skolassa@kilpatricktownsend.com
`
`
`6
`
`

`

`
`
`Dated: May 17, 2018
`
`
`
`
`Fenwick & West LLP
`801 California Street
`Mountain View, CA 94041
`Tel: (650) 988-8500
`
`
`PGR2018-00047
`Petitioner’s Motion for Pro Hac Vice Admission of Michael J. Sacksteder
`
`
`FENWICK & WEST LLP
`
`/Jennifer R. Bush/
`JENNIFER R. BUSH
`Reg. No. 50,784
`Attorney for Petitioner
`
`
`
`
`
`
`
`7
`
`

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