UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`
`___________________________________
`
`Case: PGR2018-00091
`U.S. Patent No. 9,808,723
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10
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`
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`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`
`___________________________________
`
`Case: PGR2018-00091
`U.S. Patent No. 9,808,723
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10
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`
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`
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`Patent Owner Gree, Inc. (“Patent Owner”) files this motion for pro hac vice
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`admission under 37 C.F.R. § 42.10(c), as authorized in the Notice of Filing Date
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`Accorded, Paper No. 3. The Board requires that such motions be filed in accordance
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`with the “Order – Authorizing Motion for Pro Hac Vice Admission” in Case
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`IPR2013-00639, Paper 7 (“Order”). Patent Owner respectfully requests that the
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`Board recognize Steven D. Moore as counsel pro hac vice during this proceeding.
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`1.
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`
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`Time for Filing
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`This motion for pro hac vice admission is filed no sooner than twenty-one
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`(21) days after service of the petition, as required by the Order.
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`2.
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`
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`Statement of Facts
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`The following statement of facts shows that there is good cause for the Board
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`to recognize Mr. Moore pro hac vice.
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`Mr. Moore is an experienced litigation attorney, and has been involved in
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`numerous litigations involving patent infringement in District Courts across the
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`country. Mr. Moore has experience in jury and bench trials, Markman hearings, and
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`Federal Circuit oral arguments in patent infringement litigation as well as in
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`proceedings before the Patent Trial and Appeal Board. Mr. Moore’s biography is
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`attached hereto as Exhibit 2002.
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`Mr. Moore is lead counsel for Patent Owner in a district court litigation
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`captioned Supercell Oy v. Gree, Inc., et al., 4:17-cv-05556-YGR (NDCA) involving
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`2
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`
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`the same parties here, in which the patents-at-issue in IPR2019-00083 and IPR2019-
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`00086 were asserted. Mr. Moore is also familiar with the parties’ overall worldwide
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`disputes in which Japanese counterpart applications and issued patents related to the
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`patents-at-issue in one or more of PGR2018-00008, PGR2018-00029, PGR2018-
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`00047, and PGR2018-00055 are asserted. Patent Owner has expended significant
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`financial resources in the litigation with Mr. Moore as lead counsel, and Patent
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`Owner wishes to use Mr. Moore as counsel in this proceeding.
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`Further, counsel for Petitioner does not oppose Mr. Moore appearing pro hac
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`vice during this proceeding.
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`Therefore, Patent Owner respectfully submits that there is good cause for the
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`Board to recognize Mr. Moore as counsel pro hac vice during this proceeding.
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`3.
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`
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`Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by the declaration
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`of Mr. Steven D. Moore, as required by authorization of the Board.
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`
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`Dated: December 11, 2018
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`
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`
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`Respectfully submitted,
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`By: /s/ John C. Alemanni
`John C. Alemanni (Reg. No. 47,384)
`Lead Counsel for Patent Owner
`
`3
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`
`
`Lead Counsel
`
`John C. Alemanni
`Reg. No. 47,384
`42088 Six Forks Road, Suite 1400
`Raleigh, NC 27609
`Office: 919-420-1724
`Fax: 919-420-1800
`jalemanni@kilpatricktownsend.com
`Backup Counsel
`Andrew Rinehart
`Reg. No. 75,537
`1001 West Fourth Street
`Winston-Salem, NC 27101-2400
`Telephone: 336-607-7312
`Fax: 336-607-7500
`Email:
`arinehart@kilpatricktownsend.com
`
`
`Scott E. Kolassa
`Reg. No. 55,337
`1080 Marsh Road
`Menlo Park, CA 94025
`Office: 650-324-6349
`Fax: 650-326-2422
`skolassa@kilpatricktownsend.com
`
`
`
`
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`4
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`
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`DECLARATION OF MR. STEVEN D. MOORE IN
`SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION
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`I, Steven D. Moore, am over eighteen years of age and would be competent
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`
`
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`to testify as to the matters set forth herein if called upon to do so.
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`
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`1.
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`I have been practicing in the field of intellectual property, and
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`particularly, patent litigation, for over 15 years, and over 20 years for litigation
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`generally.
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`
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`2.
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`I am a member in good standing of the state bars of California, Georgia
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`and North Carolina, as well as the following Federal Courts:
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`h.
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`i.
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`j.
`
`U.S. Court of Appeals for the Federal Circuit;
`
`U.S. Court of Appeals for the Fourth Circuit;
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`U.S. District Court for the Northern District of California;
`
`U.S. District Court for the Central District of California
`
`U.S. District Court for the Eastern District of Texas;
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`U.S. District Court for the Eastern District of North Carolina;
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`U.S. District Court for the Middle District of North Carolina;
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`U.S. District Court for the Western District of North Carolina;
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`U.S. District Court for the Northern District of Georgia; and
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`U.S. District Court for the Middle District of Georgia.
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`3.
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`I have not been suspended or disbarred from practice before any court
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`or administrative body.
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`
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`5
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`4.
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`I have never had an application for admission to practice before any
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`court or administrative body denied.
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`5.
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`No sanction or contempt citation has been imposed against me by any
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`court or administrative body.
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`
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`6.
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`I have read and will comply with the Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trials set forth in 42 of 37 C.F.R.
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`
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`7.
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`I will be subject to the USPTO Rules of Professional Conduct set forth
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`in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a).
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`
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`8.
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`During the past (3) years I have applied to appear pro hac vice before
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`the Board in sixteen other proceedings: IPR2014-00117, which received a Final
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`Written Decision on April 23, 2015; IPR2014-00118, which received a Final Written
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`Decision on April 23, 2015; IPR2014-00119, which received a Final Written
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`Decision on April 23, 2015; IPR2014-01513, which received a Final Written
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`Decision on March 18, 2016; IPR2014-01511, which received a Final Written
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`Decision of March 18, 2016; IPR2014-01510, which received a Final Written
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`Decision on March 18, 2016; IPR2014-00787 which received a Final Written
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`Decision on November 20, 2015; IPR2014-00727, which received a Final Written
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`Decision on October 26, 2015; IPR2014-00501, which received a Final Written
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`Decision on September 9, 2015, IPR2014-00500, which received a Final Written
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`
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`6
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`
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`Decision on September 9, 2015; PGR2018-00008, for which oral argument is
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`scheduled for November 28, 2018; PGR2018-00029, for which patent owner filed
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`its response to petition on November 20, 2018; PGR2018-00047, for which patent
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`owner’s response to petition is due December 5, 2018; PGR2018-00055, for which
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`patent owner’s response to petition is due December 26, 2018; Re-Exam No.
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`95/001,535, pending request for rehearing; IPR2018-00083, for which patent
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`owner’s preliminary response is due February 19, 2019; and IPR2018-00086, for
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`which patent owner’s preliminary response is due February 19, 2019.
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`
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`9.
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`I am familiar with the subject matter at issue in the proceeding. I am
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`lead counsel for Gree, Inc. in a district court litigation captioned Supercell Oy v.
`
`Gree, Inc., et al., 4:17-cv-05556-YGR (NDCA) involving the same parties. I am
`
`also familiar with the parties’ overall worldwide disputes in which Japanese
`
`counterpart applications and issued patents related to the patents-at-issue in one or
`
`more of PGR2018-00008, PGR2018-00029, PGR2018-00047, PGR2018-00055,
`
`IPR2019-00083 and IPR2019-00086 are asserted.
`
`
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`10.
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`I am an experienced litigation attorney, with experience in numerous
`
`litigations involving patent infringement in District Courts across the country. I have
`
`conducted both bench and jury trials, Markman hearings, and Federal Circuit oral
`
`arguments in patent infringement litigation matters. My biography is attached hereto
`
`as Exhibit 2002.
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`
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`7
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`I declare under penalty of perjury that the foregoing Declaration is true and
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`correct.
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`
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`Dated: December 11, 2018
`
`
`
`By: /s/ Steven D. Moore
`Steven D. Moore
`Kilpatrick Townsend & Stockton LLP
`Two Embarcadero Center, Suite 1900
`San Francisco, CA 94111
`Telephone: 415-273-4741
`Facsimile: 415-651-8510
`
`Counsel for Patent Owner Gree, Inc.
`
`
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`8
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of this Motion for Admission
`Pro Hac Vice has been served electronically via email upon the following:
`
`Jennifer R. Bush
`Michael J. Sacksteder
`Fenwick & West LLP
`jbush@fenwick.com
`msacksteder@fenwick.com
`JBush-PTAB@fenwick.com
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`Dated: December 11, 2018
`
`
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`
`
`By: /s/ John C. Alemanni
`John C. Alemanni (Reg. No. 47,384)
`Lead Counsel for Patent Owner
`
`9
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