Filed on behalf of EMC Corporation and VMware, Inc.
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`Case No. IPR2013-00083
`Docket No.: 0100157-00244
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`By: Peter Dichiara, Reg. No. 38,005
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`David L. Cavanaugh, Reg. No. 36,476
` WILMER CUTLER PICKERING HALE AND DORR LLP
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`peter.dichiara@wilmerhale.com
` david.cavanaugh@wilmerhale.com
` Tel.: 202-663-6025
` Fax: 202-663-6363
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________________________________
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`EMC CORPORATION and VMWARE, INC.,
`Petitioners
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`v.
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`Patent Owner of
`U.S. Patent No. 6,415,280 to Farber et al.
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`IPR Case No. IPR2013-00083
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`PETITIONERS’ MOTION FOR ADMISSION PRO HAC VICE OF
`CYNTHIA VREELAND
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`Case No. IPR2013-00083
`Docket No.: 0100157-00244
`
`
`By: Peter Dichiara, Reg. No. 38,005
`
`David L. Cavanaugh, Reg. No. 36,476
` WILMER CUTLER PICKERING HALE AND DORR LLP
`
`peter.dichiara@wilmerhale.com
` david.cavanaugh@wilmerhale.com
` Tel.: 202-663-6025
` Fax: 202-663-6363
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`EMC CORPORATION and VMWARE, INC.,
`Petitioners
`
`v.
`
`Patent Owner of
`U.S. Patent No. 6,415,280 to Farber et al.
`
`
`IPR Case No. IPR2013-00083
`
`
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`PETITIONERS’ MOTION FOR ADMISSION PRO HAC VICE OF
`CYNTHIA VREELAND
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`Case No. IPR2013-00083; Docket No.: 0100157-00244
`Petitioners’ Motion for Admission Pro Hac Vice of Cynthia Vreeland
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`Statement of Precise Relief Requested
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`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 7 authorizing the parties to
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`I.
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`file motions for pro hac vice admission under 37 C.F.R. § 42.10(c), Petitioners
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`EMC Corporation and VMware, Inc. request that the Patent Trial and Appeal
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`Board (the “Board”) admit Cynthia Vreeland pro hac vice in this proceeding,
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`IPR2013-00083.
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`II.
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`
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`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
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`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. Section 42.10(c) indicates that “where lead counsel is a
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`registered practitioner, a motion to appear pro hac vice by counsel who is not a
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`registered practitioner may be granted upon a showing that counsel is an
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`experienced litigating attorney and has an established familiarity with the subject
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`matter at issue in the proceeding.” The facts here establish good cause for the
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`Board to recognize Cynthia Vreeland pro hac vice in this proceeding.
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`1.
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`Lead counsel, Peter Dichiara, is a registered practitioner. Backup
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`counsel, David Cavanaugh, is also a registered practitioner.
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`2
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`Case No. IPR2013-00083; Docket No.: 0100157-00244
`Petitioners’ Motion for Admission Pro Hac Vice of Cynthia Vreeland
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`2. Counsel, Cynthia Vreeland, is an experienced litigator and has an
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`established familiarity with the subject matter at issue in the proceeding.
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`Accompanying this motion as Exhibit 1038 is the March 26, 2013 Declaration of
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`Cynthia Vreeland in Support of this Motion for Admission Pro Hac Vice
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`(“Vreeland Decl.”). In her declaration, Ms. Vreeland asserts:
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`I am a member in good standing of the Bar of the State of
`Massachusetts and the Bar of the State of Texas, and am admitted to
`practice before the United States Courts of Appeal for the First,
`Fourth, and Federal Circuits, the United States District Court for the
`District of Massachusetts, the United States Court for the Eastern
`District of Texas and all Massachusetts State and Texas State courts.
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`Vreeland Decl. ¶ 2 (Ex. 1038). Ms. Vreeland also asserts:
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`I am familiar with the subject matter at issue in this proceeding. I am
`counsel in PersonalWeb Technologies LLC v. EMC Corporation and
`VMware, Inc., No. 6:11-cv-00660-LED, E.D. Tex. (served on Dec.
`16, 2011), which is related to and involves the same patents at issue in
`this proceeding. … I have represented EMC Corporation in multiple
`patent-related matters since 2003, including confidential patent-
`related analysis, and the following United States District Court cases:
`EMC v. Hewlett-Packard, No. 4:00-cv-40188-NMG in the District of
`Massachusetts, Equifax, Inc. v. Verid, Inc. No. 1:06-cv-02404-TCB in
`the Northern District of Georgia, and EMC v. BetaNet, LLC, No. 1:10-
`cv-11593-RGS in the District of Massachusetts. … I am familiar with
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`3
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`Case No. IPR2013-00083; Docket No.: 0100157-00244
`Petitioners’ Motion for Admission Pro Hac Vice of Cynthia Vreeland
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`
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`the technology at issue in this proceeding from the prior work
`described above.
`Vreeland Decl. ¶¶ 10-12 (Ex. 1038).
`3.
`In her declaration, Ms. Vreeland also attests to each of the listed items
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`required by the Order – Authorizing Motion for Pro Hac Vice Admission – 37
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`C.F.R. § 42.10 in IPR2013-00010. See Vreeland Decl. ¶¶1-12 (Ex. 1038).
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`III. Conclusion
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`For the foregoing reasons, Petitioners respectfully request that the Board
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`admit Cynthia Vreeland pro hac vice in this proceeding.
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`Dated: March 27, 2013
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`Respectfully Submitted,
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`/David L. Cavanaugh/
`
`David L. Cavanaugh
`Registration No. 36,476
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1875 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`david.cavanaugh@wilmerhale.com
`Tel.: 202-663-6025
`Fax: 202-663-6363
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`
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`4
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`Case No. IPR2013-00083; Docket No.: 0100157-00244
`Petitioners’ Motion for Admission Pro Hac Vice of Cynthia Vreeland
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 27, 2013, I caused a true and correct copy of
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`the following materials:
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` Petitioners’ Motion for Admission Pro Hac Vice of Cynthia Vreeland
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` Exhibit 1038
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` Petitioners’ List of Exhibits
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`to be served via Federal Express on the following counsel of record for Patent
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`Owner:
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`Joseph A. Rhoa, Lead Counsel
`USPTO Reg. No. 37,515
`NIXON & VANDERHYE P.C.
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203-1808
`jar@nixonvan.com
`Tel.: 703-816-4043
`
`Updeep S. Gill, Backup Counsel
`USPTO Reg. No. 37,344
`NIXON & VANDERHYE P.C.
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203-1808
`usg@nixonvan.com
`Tel.: 703-816-4030
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`ActiveUS 107441954v.1
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`/David L. Cavanaugh/
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`David L. Cavanaugh
`
`Registration No. 36,476
`
`
`5
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