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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`FUJITSU SEMICONDUCTOR LIMITED,
`FUJITSU SEMICONDUCTOR AMERICA, INC.,
`ADVANCED MICRO DEVICES, INC., RENESAS ELECTRONICS
`CORPORATION, RENESAS ELECTRONICS AMERICA, INC.,
`GLOBALFOUNDRIES U.S., INC., GLOBALFOUNDRIES DRESDEN
`MODULE ONE LLC & CO. KG, GLOBALFOUNDRIES DRESDEN
`MODULE TWO LLC & CO. KG, TOSHIBA AMERICA ELECTRONIC
`COMPONENTS, INC., TOSHIBA AMERICA INC., TOSHIBA
`AMERICA INFORMATION SYSTEMS, INC.,
`TOSHIBA CORPORATION, and
`THE GILLETTE COMPANY
`Petitioner
`
`v.
`
`ZOND, INC.
`Patent Owner
`____________________________________________
`
`Case IPR2014-008021
`U.S. PATENT NO. 7,811,421
`Title: HIGH DEPOSITION RATE SPUTTERING
`____________________________________________
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION PURSUANT TO 37 C.F.R. § 42.10(C)
`
`
`1 Cases IPR2014-01071, IPR2014-00992, and IPR2014-00848 have been joined with the instant
`proceeding.
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`
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`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00802 (U.S. 7,811,421)
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`
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`I.
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`Relief Requested
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`This Motion for Pro Hac Vice admission is filed solely on behalf of
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`Petitioner GLOBALFOUNDRIES U.S., Inc., GLOBALFOUNDRIES Dresden
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`Module One LLC & Co. KG, and GLOBALFOUNDRIES Dresden Module Two
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`LLC & Co. KG (collectively, “GlobalFoundries” or “Petitioner”).
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`GlobalFoundries respectfully requests that the Board recognize Mr. Brett C.
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`Rismiller as counsel pro hac vice during this proceeding.
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`II. Time for Filing
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`This Motion for Pro Hac Vice Admission is being filed no sooner than
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`twenty one (21) days after service of the petition. IPR2013-00639, Paper No. 7.
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`III. Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceedings
`Petitioner has been authorized to file motions seeking admission pro hac
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`vice under 37 C.F.R. 42.10(c). (Paper No. 3). Petitioner’s lead and back-up
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`counsel are registered practitioners.
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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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`that the Board may impose. The facts here establish good cause for the Board to
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`recognize Brett C. Rismiller pro hac vice on behalf of Petitioner during this
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`
`
`1
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`
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`proceeding.
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`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00802 (U.S. 7,811,421)
`
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`In summary, Mr. Rismiller is an experienced litigator, has established
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`familiarity with the subject matter at issue in this proceeding from his participation
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`in co-pending litigation involving the subject patent, and, if admitted, will be
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`involved in the depositions that occur in this proceeding. Specifically, U.S. Patent
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`No. 7,811,421 is currently asserted against Petitioner in co-pending litigation, in
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`the District of Massachusetts, 1:13-cv-11577-LTS (Zond v. AMD, et al.) (“the co-
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`pending litigation”). Mr. Rismiller is a member of the California bar in good
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`standing and works closely with the team representing the Petitioner in the co-
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`pending litigation.
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`Mr. Rismiller has analyzed prior art references and claim charts in
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`connection with invalidity contentions and has been involved in forming claim
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`construction positions related to the claimed inventions, all of which are relevant to
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`the petition requesting inter partes review of U.S. Patent No. 7,811,421. Petitioner
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`wishes to apply Mr. Rismiller’s knowledge of the patent by employing him as
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`counsel in this proceeding. Admission of Mr. Rismiller pro hac vice will enable
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`Petitioner to avoid unnecessary expense and duplication of work between this
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`proceeding and the co-pending litigation.
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`Petitioner’s lead and backup counsel are registered practitioners and Mr.
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`Rismiller is an experienced litigation attorney having familiarity with the subject
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`2
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`matter at issue in this proceeding. Therefore, Petitioners respectfully submit that
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`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00802 (U.S. 7,811,421)
`
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`there is good cause for the Board to recognize Mr. Rismiller as counsel pro hac
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`vice during this proceeding.
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`IV. Affidavit of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is supported by an Affidavit of
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`Mr. Rismiller (Ex. 1227).
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`
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`Respectfully submitted,
`
`
`/s/ David M. Tennant
`David M. Tennant
`Lead Counsel for Petitioner
`GlobalFoundries
`Registration No. 48,362
`
`
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`3
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`Date: April 7, 2015
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`
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`
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`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00802 (U.S. 7,811,421)
`
`
`Petitioner’s Updated Exhibit List
`December 15, 2014
`
`
`Exhibit
`1201
`
`1202
`
`Description
`U.S. Patent No. 7,811,421
`
`Kortshagen Declaration
`
`1203
`
`1204
`
`1205
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`1206
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`1207
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`1208
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`1209
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`1210
`
`1211
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`1212
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`1213
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`D.V. Mozgrin, et al, High-Current Low-Pressure Quasi-
`Stationary Discharge in a Magnetic Field: Experimental
`Research, Plasma Physics Reports, Vol. 21, No. 5, pp. 400-
`409, 1995 (“Mozgrin”)
`
`U.S. Patent No. 6,413,382 (“Wang”)
`
`U.S. Patent No. 6,190,512 (“Lantsman”)
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`A. A. Kudryavtsev and V.N. Skerbov, Ionization relaxation in
`a plasma produced by a pulsed inert-gas discharge, Sov. Phys.
`Tech. Phys. 28(1), pp. 30-35, January 1983 (“Kudryavtsev”)
`
`Certified Translation of D.V. Mozgrin, High-Current Low-
`Pressure Quasi-Stationary Discharge in a Magnetic Field:
`Experimental Research, Thesis at Moscow Engineering
`Physics Institute, 1994 (“Mozgrin Thesis”)
`
`Mozgrin Thesis (Original Russian)
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`Catalogue Entry at the Russian State Library for the Mozgrin
`Thesis
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`WO 02/103078 A1 (“Kouznetsov”)
`
`U.S. Patent No. 7,147,759 (the “‘759 Patent”)
`
`File History for U.S. Pat. No. 7, 147,759 , Response of May 2,
`2006 (“05/02/06 Resp. of ‘759 Patent file history”)
`
`Plasma Etching: An Introduction, by Manos and Flamm,
`Academic Press (1989) (“Manos”)
`
`
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`4
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`
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`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00802 (U.S. 7,811,421)
`
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`The Materials Science of Thin Films, by Ohring M.,
`Academic Press (1992) (“Ohring”)
`
`File History for U.S. Pat. No. 7,811,421, Office Action dated
`April 21, 2010 (“04/21/10 Office Action”)
`
`File History for U.S. Pat. No. 7,811,421, Response dated June
`23, 2010 (“06/23/10 Response”)
`
`File History for U.S. Pat. No. 7,811,421, Notice of Allowance
`dated August 19, 2010 (“08/19/10 Notice of Allowance”)
`
`File History for U.S. Pat. No. 7,811,1421, Originally Filed
`Application dated July 18, 2005 (“‘421 Application”)
`
`File History for European Patent Application 1560943,
`Response of April 21, 2008 (“04/21/08 Response in EP
`1560943”)
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`Claim Chart Based on Mozgrin and Kudryavtsev as used in
`1:13-cv-11570-RGS (“Claim Chart Based on Mozgrin and
`Kudryavtsev”)
`
`Claim Chart Based on Mozgrin and Mozgrin Thesis as used in
`1:13-cv-11570-RGS (“Claim Chart Based on Mozgrin and
`Mozgrin Thesis”)
`
`Claim Chart Based on Mozgrin, Lantsman and Kudryavtsev
`as used in 1:13-cv-11570-RGS (“Claim Chart Based on
`Mozgrin, Lantsman and Kudryavtsev”)
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`Claim Chart Based on Mozgrin, Lantsman and Mozgrin
`Thesis as used in 1:13-cv-11570-RGS (“Claim Chart Based
`on Mozgrin, Lantsman and Mozgrin Thesis”)
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`Claim Chart Based on Wang and Kudryavtsev as used in
`1:13-cv-11570-RGS (“Claim Chart Based on Wang and
`Kudryavtsev”)
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`Claim Chart Based on Wang and Mozgrin Thesis as used in
`1:13-cv-11570-RGS (“Claim Chart Based on Wang and
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`1214
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`1215
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`1216
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`1217
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`1218
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`1219
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`1220
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`1221
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`1222
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`1223
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`1224
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`1225
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`5
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`
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`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00802 (U.S. 7,811,421)
`
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`Mozgrin Thesis”)
`
`1226
`
`1227
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`Affidavit of Mr. Fitzpatrick in Support of Motion for Pro Hac
`Vice Admission
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`Affidavit of Brett C. Rismiller in Support of Petitioner’s
`Motion for Pro Hac Vice Admission
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`
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`6
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`
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`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00802 (U.S. 7,811,421)
`
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`CERTIFICATE OF SERVICE
`
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that I
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`caused to be served a true and correct copy of the foregoing “PETITIONER’S
`
`MOTION FOR PRO HAC VICE ADMISSION PURSUANT TO 37 C.F.R. §
`
`42.10(C)” as detailed below:
`
`
`
`
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`
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`Date of service April 7, 2015
`
`Manner of service Email: gonsalves@gonsalveslawfirm.com;
`bbarker@chsblaw.com; kurt@rauschenbach.com
`
`Documents served PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION PURSUANT TO 37 C.F.R. § 42.10(C)
`
`Persons Served Dr. Gregory J. Gonsalves
`2216 Beacon Lane
`Falls Church, Virginia 22043
`
`Bruce Barker
`Chao Hadidi Stark & Barker LLP
`176 East Mail Street, Suite 6
`Westborough, MA 01581
`
`
`
`
`
`
`
`
`/s/ Anna Goodall
`Anna Goodall
`White & Case LLP
`3000 El Camino Real
`Five Palo Alto Square, 9th Floor
`Palo Alto, CA 94306
`Tel: (650) 213-0367
`Email: agoodall@whitecase.com
`
`7
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`
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