Case No. IPR2013-00083
`Docket No. 0100157-00244
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`Filed on behalf of EMC Corporation and VMware, Inc.
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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
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`david.cavanaugh@wilmerhale.com
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`Tel.: 202-663-6025
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`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
`ROBERT GALVIN
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`Docket No. 0100157-00244
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`Filed on behalf of EMC Corporation and VMware, Inc.
`
`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
`
`
`PETITIONERS’ MOTION FOR ADMISSION PRO HAC VICE OF
`ROBERT GALVIN
`
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`Case No. IPR2013-00083
`Docket No. 0100157-00244
`Petitioners’ Motion for Admission Pro Hac Vice of Robert Galvin
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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 Robert Galvin pro hac vice in this proceeding,
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`IPR2013-00083.
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`II.
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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 Robert Galvin 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 Robert Galvin
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`2. Counsel, Robert Galvin, 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 1073 is the June 19, 2013 Declaration of
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`Robert Galvin in Support of this Motion for Admission Pro Hac Vice (“Galvin
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`Decl.”). In his declaration, Mr. Galvin asserts:
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`I am a member in good standing of the Bar of the State of California,
`and am admitted to practice before the United States Courts of Appeal
`for the Fourth, Ninth and Federal Circuits, the United States District
`Courts for the Northern District of California, the Central District of
`California, the Southern District of California, and the Eastern District
`of
`Texas
`as well
`as
`all California
`state
`courts.
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`Galvin Decl. ¶ 2 (Ex. 1073). Mr. Galvin 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. … More generally, over the course of my career, I
`have had substantial experience litigating patents with related subject
`matter
`including network security, encryption, and enterprise
`software. … In connection with the inter partes reviews as well as the
`related district court litigation, I also have become familiar with the
`prior art references that are the subject of this proceeding as well as
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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 Robert Galvin
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`the evidentiary objections that PersonalWeb has raised in response to
`certain prior art references submitted by Petitioners in this proceeding.
`I have met with each of the declarants who submitted supplemental
`declarations in response to PersonalWeb’s evidentiary objections, and
`assisted in the preparation of their declarations. Thus, I am familiar
`with the subject matter of the references as well as the relevant facts
`relating to their authenticity, admissibility, and publication.
`Galvin Decl. ¶¶ 10-11 (Ex. 1073).
`3.
`In his declaration, Mr. Galvin also attests to each of the listed items required
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`by the Order – Authorizing Motion for Pro Hac Vice Admission – 37 C.F.R. §
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`42.10 in IPR2013-00010 and agrees to be subject to the United States Patent and
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`Trademark Office’s Rules of Professional Conduct as set forth in 37 C.F.R. §§
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`11.100 et seq. (78 Fed. Reg. 20202-20211). See Galvin Decl. ¶¶1-11 (Ex. 1073).
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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 Robert Galvin
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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 Robert Galvin pro hac vice in this proceeding.
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`Dated: June 19, 2013
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`Respectfully Submitted,
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`/David L. Cavanaugh/
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`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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`5
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`Case No. IPR2013-00083
`Docket No. 0100157-00244
`Petitioners’ Motion for Admission Pro Hac Vice of Robert Galvin
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 19, 2013, I caused a true and correct copy of the
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`following materials:
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`• Petitioners’ Motion for Admission Pro Hac Vice of Robert Galvin
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`• Exhibit 1073: Declaration of Robert Galvin in Support of Motion for
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`Admission Pro Hac Vice
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`• Petitioners’ Exhibit List
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`to be served via email, as previously agreed between the parties, on the following
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`attorney of record:
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`Joseph Rhoa
`Nixon Vanderhye, P.C.
`901 North Glebe Road, 11th Floor
`Arlington, Virginia 22203
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`Joseph A. Rhoa <jar@nixonvan.com>
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`/Heather M. Petruzzi /
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`Heather M. Petruzzi
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`Registration No. 71,270
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`6
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