`Tel: 571-272-7822
`
`
`Paper 31
`Entered: December 16, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`THE GILLETTE COMPANY, TAIWAN SEMICONDUCTOR
`MANUFACTURING COMPANY, LTD., TSMC NORTH AMERICA
`CORPORATION, FUJITSU SEMICONDUCTOR LIMITED, and FUJITSU
`SEMICONDUCTOR AMERICA, INC.,
`Petitioners,
`v.
`ZOND, LLC,
`Patent Owner.
`________________________
`Case IPR2014-005781 2
`Patent 6,896,775 B2
`____________
`Before KEVIN F. TURNER, Administrative Patent Judge.
`
`
`DECISION
`Motions for Pro Hac Vice Admission of Mr. Tigran Vardanian
`37 C.F.R. § 42.10
`
`
`
`1 Case IPR2014-01494 has been joined with the instant proceeding
`2 This Decision addresses the same issues in the inter partes reviews listed in
`the Appendix. Therefore, we issue one Decision to be filed in all of the
`cases. The parties, however, are not authorized to use this style of filing in
`subsequent papers.
`
`
`
`IPR2014-00578 (Patent 6,896,775 B2) et al.
`
`
`Patent Owner Zond, LLC (hereafter “Zond”) filed Motions for Pro
`Hac Vice Admission of Mr. Tigran Vardanian in each of the proceedings
`identified in the Appendix. Paper 33 (“Mot.”).3 Zond indicates that these
`Motions were being filed without opposition. Mot. 2. For the reasons
`provided below, Zond’s Motions are granted.
`Pursuant to 37 C.F.R. § 42.10(c), we 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. The Order
`authorizing motions for pro hac vice admission requires a statement of facts
`showing there is good cause for us to recognize counsel pro hac vice, and an
`affidavit or declaration of the individual seeking to appear in the proceedings
`identified in the Appendix.
`In the proceedings at issue, lead counsel for Zond, Dr. Gregory J.
`Gonsalves, is a registered practitioner. Mot. 2. Zond’s Motions indicate that
`there is good cause for us to recognize Mr. Tigran Vardanian pro hac vice
`during these proceedings, and each is supported by a Declaration (Ex. 2003).
`Mot. 4.
`Mr. Vardanian declares that he is an experienced patent litigation
`attorney and has been practicing law, with a focus on patent litigation and
`other intellectual property matters. Ex. 2003 ¶ viii. Mr. Vardanian also
`declares that he has established familiarity with the subject matter at issue in
`the proceedings identified in the Appendix, as he has been representing
`
`3 For the purpose of clarity and expediency, we treat IPR2014-00578 as
`representative, and all citations are to IPR2014-00578 unless otherwise
`noted.
`
`2
`
`
`
`IPR2014-00578 (Patent 6,896,775 B2) et al.
`
`Zond in the related district court litigation that involves the same patents
`being challenged in the proceedings before us. Id. ¶ ix. Additionally, Mr.
`Vardanian’s Declaration complies with the requirements set forth in the
`Board’s Order authorizing motions for pro hac vice admission. Id. ¶¶ i–ix.
`On this record, we determine that Mr. Vardanian has sufficient legal
`and technical qualifications to represent Zond in the proceedings identified
`in the Appendix. We further recognize that there is a need for Zond to have
`its counsel in the co-pending litigation involved in the proceedings before
`us. Accordingly, Zond has established that there is good cause for Mr.
`Vardanian’s admission.
`For the foregoing reasons, it is
`ORDERED that Zond’s motions for pro hac vice admission of Mr.
`Vardanian for the instant proceeding are granted; Mr. Vardanian is
`authorized to represent Patent Owner as back-up counsel in the instant
`proceedings;
`FURTHER ORDERED that Mr. Vardanian is to comply with the
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`Trials, as set forth in Title 37, Part 42 of the C.F.R., and to be subject to the
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the
`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
`seq; and
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner as lead counsel in the instant proceedings.
`
`
`
`3
`
`
`
`IPR2014-00578 (Patent 6,896,775 B2) et al.
`
`
`
`U.S. Patent Number
`
`6,896,775 B2
`
`
`
`
`
`APPENDIX
`
`Inter Partes Reviews
`IPR2014-00578
`IPR2014-00604
`
`Paper No. for Motion
`33
`28
`
`4
`
`
`
`IPR2014-00578 (Patent 6,896,775 B2) et al.
`
`For PETITIONER:
`Gillette:
`Michael A. Diener
`Larissa B. Park
`WILMER, CUTLER, PICKERING, HALE AND DORR, LLP
`michael.diener@wilmerhale.com
`larissa.park@wilmerhale.com
`
`TSMC and Fujitsu:
`David L. McCombs
`David M O’Dell
`HAYNES AND BOONE, LLP
`david.mccombs.ipr@haynesboone.com
`david.odell.ipr@haynesboone.com
`
`Richard C. Kim
`DUANE MORRIS, LLP
`rckim@duanemorris.com
`
`GlobalFoundries:
`David Tennant
`Dohm Chankong
`WHITE & CASE LLP
`dtennant@whitecase.com
`dohm.chankong@whitecase.com
`
`
`AMD:
`David M. Tennant
`WHITE & CASE LLP
`dtennant@whitecase.com
`
`Brian M. Berliner
`Byan K. Yagura
`Xin-Yi Zhou
`
`5
`
`
`
`IPR2014-00578 (Patent 6,896,775 B2) et al.
`
`O’MELVENY & MEYERS LLO
`bberliner@omm.com
`ryagura@omm.com
`vzhou@omm.com
`
`For PATENT OWNER:
`Tarek Fahmi
`tarek.fahmi@ascendalaw.com
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`
`
`
`6
`
`