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Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00829 (U.S. 6,805,779)
`
`
`
`
`Paper No.
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD.,
`TSMC NORTH AMERICA CORPORATION,
`FUJITSU SEMICONDUCTOR LIMITED,
`FUJITSU SEMICONDUCTOR AMERICA, INC.,
`ADVANCED MICRO DEVICES, INC., RENESAS ELECTRONICS
`CORPORATION, RENASAS ELECTRONICS AMERICA, INC.,
`GLOBAL FOUNDRIES U.S., INC., GLOBAL FOUNDRIES DRESDEN
`MODULE ONE LLC & CO. KG, GLOBAL FOUNDRIES 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,
`Petitioners,
`
`v.
`
`ZOND, LLC,
`Patent Owner
`____________________________________________
`
`Case IPR2014-008291
`Patent 6,805,779 B2
`____________________________________________
`
`PETITIONERS’ MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10(C)
`
`
`
`
`
`
`
`
`
`
`1 Cases IPR 2014-00859, IPR2014-01072, and IPR2014-01020 have been joined
`with the instant proceeding.
`
`

`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00829 (U.S. 6,805,779)
`
`
`This Motion for Pro Hac Vice admission is filed solely on behalf of Taiwan
`
`
`
`Semiconductor Manufacturing Company, Ltd. and TSMC North America
`
`Corporation (collectively “TSMC” or “Petitioner”). TSMC respectfully moves
`
`that the Board recognize Mr. Anthony J. Fitzpatrick as counsel pro hac vice during
`
`this proceeding.
`
`The Board has previously approved unopposed motions to add Mr.
`
`Anthony J. Fitzpatrick as counsel pro hac vice in related proceedings concerning
`
`U.S. Patent Nos. 6,853,142, 7,147,759, 7,604,716, 7,808,184, and 7,811,421.
`
`Similar motions to recognize Mr. Anthony J. Fitzpatrick as counsel pro hac vice
`
`are concurrently being filed in the following IPRs involving U.S. Patent No.
`
`6,805,779:
`
`IPR2014-00828
`
`IPR2014-00829
`
`IPR2014-00917
`
`
`
`1. Time for Filing
`
`This Motion for Pro Hac Vice Admission is being filed no sooner than
`
`twenty one (21) days after service of the petition. (IPR2013-00639, Paper No. 7).
`
`
`
`–1–
`
`

`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00829 (U.S. 6,805,779)
`
`
`
`2. Statement of Facts Showing Good Cause for Counsel Pro Hac Vice
`
`Petitioner has been authorized to file motions seeking admission pro hac
`
`vice under 37 C.F.R. 42.10(c). (Paper No. 3). Petitioner’s lead and back-up
`
`counsel are registered practitioners:
`
`Lead Counsel: David M. O’Dell, USPTO Reg. No. 42,044; and
`
`Backup Counsel: David L. McCombs, USPTO Reg. No. 32,271.
`
`The following statement of facts shows that there is good cause for the
`
`Board to recognize Mr. Fitzpatrick pro hac vice on behalf of Petitioner.
`
` In summary, Mr. Fitzpatrick is an experienced litigator, has established
`
`familiarity with the subject matter at issue in this proceeding from his participation
`
`in co-pending litigation involving the subject patent, and if admitted, will be
`
`involved in the depositions that occur in this proceeding. Specifically, U.S. Patent
`
`No. 6,803,779 is currently asserted against Petitioner in co-pending litigation, in
`
`the District of Massachusetts, 1:13-cv-11634-WGY (Zond v. Fujitsu, et al.) (“the
`
`co-pending litigation”). Mr. Fitzpatrick is a member of the Massachusetts bar in
`
`good standing, and is representing the Petitioner, in the co-pending litigation.
`
`Mr. Fitzpatrick has analyzed prior art references and claim charts in
`
`connection with invalidity contentions and has been involved in forming claim
`
`construction positions related to the claimed inventions, all of which are relevant to
`
`the petition requesting inter partes review of U.S. Patent No. 6,805,779. Petitioner
`
`
`
`–2–
`
`

`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00829 (U.S. 6,805,779)
`
`
`
`wishes to apply Mr. Fitzpatrick’s knowledge of the patent by employing him as
`
`counsel in this proceeding. Admission of Mr. Fitzpatrick pro hac vice will enable
`
`Petitioner to avoid unnecessary expense and duplication of work between this
`
`proceeding and the co-pending litigation.
`
`Petitioner’s lead and backup counsel are registered practitioners and Mr.
`
`Fitzpatrick is an experienced litigation attorney having familiarity with the subject
`
`matter at issue in this proceeding. Therefore, Petitioners respectfully submit that
`
`there is good cause for the Board to recognize Mr. Fitzpatrick as counsel pro hac
`
`vice during this proceeding.
`
`3. Affidavit of Individual Seeking to Appear
`
`This Motion for Pro Hac Vice Admission is supported by an Affidavit of
`
`Respectfully submitted,
`
`
`
`
`
`/David M. O’Dell/
`David M. O’Dell
`Lead Counsel for Petitioner TSMC
`Registration No. 42,044
`
`
`Mr. Fitzpatrick (Ex. 1313).
`
`
`
`Date: November 20, 2014
`
`
`
`
`
`
`
`
`
`–3–
`
`

`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00829 (U.S. 6,805,779)
`
`
`Petitioners’ Updated Exhibit List
`November 20, 2014
`
`
`
`Exhibit
`
`1301
`
`1302
`
`Description
`
`U.S. Patent No. 6,805,779 (“’779 Patent”)
`
`Kortshagen Declaration (“Kortshagen Decl.”)
`
`1303
`
`1304
`
`1305
`
`1306
`
`1307
`
`1308
`
`1309
`
`1310
`
`1311
`
`1312
`
`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, 1995
`(“Mozgrin”)
`
`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”)
`
`U.S. Patent No. 3,761,836 (“Pinsley”)
`
`U.S. Patent No. 3,514,714 (“Angelbeck”)
`
`U.S. Patent No. 5,753,886 (“Iwamura”)
`
`File History for U.S. Patent No. 6,805,779, Office Action
`dated February 11, 2004 (“02/11/04 Office Action”)
`
`File History for U.S. Patent No. 6,805,779, Response dated
`May 6, 2004 (“05/06/04 Response”)
`
`European Patent Application No. 1614136, Response dated
`July 24, 2007 (07/24/07 Response in EP 1614136)
`
`J. Vlček, A collisional-radiative model applicable to argon
`discharges over a wide range of conditions. I: Formulation
`and basic data, J. Phys. D: Appl. Phys. 22 (1989) pp. 623-631
`
`J. Vlček, A collisional-radiative model applicable to argon
`discharges over a wide range of conditions. II: Application to
`low-pressure, hollow-cathode arc and low-pressure glow
`discharges, J. Phys. D: Appl. Phys. 22 (1989) pp. 632-643
`
`–4–
`
`

`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00829 (U.S. 6,805,779)
`
`Affidavit of Mr. Fitzpatrick in Support of Motion for Pro Hac
`Vice Admission
`
`1313
`
`
`
`–5–
`
`
`
`
`
`

`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00829 (U.S. 6,805,779)
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that I
`
`caused to be served a true and correct copy of the foregoing “PETITIONERS’
`
`MOTION FOR PRO HAC VICE ADMISSION PURSUANT TO 37 C.F.R. §
`
`42.10(C)” as detailed below:
`
`Date of service November 20, 2014
`
`Manner of service Email: gonsalves@gonsalveslawfirm.com;
`bbarker@chsblaw.com; kurt@rauschenbach.com
`
`Documents served PETITIONERS’ MOTION FOR PRO HAC VICE
`ADMISSION PURSUANT TO 37 C.F.R. § 42.10(C);
`Updated Petitioners’ Exhibit List; and
`Exhibit 1313.
`
`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
`
`
`
`
`
`
`/David M. O’Dell/
`David M. O’Dell
`Lead Counsel for Petitioner TSMC
`Registration No. 42,044
`
`
`
`
`
`–6–

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