Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 17
`Entered: December 2, 2014
`
`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,
`RENESAS ELECTRONICS AMERICA, INC., GLOBAL FOUNDRIES 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
`Petitioners,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Cases IPR2014-00828, IPR2014-00829, IPR2014-009171
`Patent 7,808,184 B2
`____________
`
`Before KEVIN F. TURNER, Administrative Patent Judge.
`
`
`
`DECISION
`
`Motions for Pro Hac Vice Admission of Mr. Anthony J. Fitzpatrick
`37 C.F.R. § 42.10
`
`
`
`
`1 This Decision addresses the same issues in the inter partes reviews listed
`herein. 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.
`
`
`Tel: 571-272-7822
`
`
`Paper 17
`Entered: December 2, 2014
`
`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,
`RENESAS ELECTRONICS AMERICA, INC., GLOBAL FOUNDRIES 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
`Petitioners,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Cases IPR2014-00828, IPR2014-00829, IPR2014-009171
`Patent 7,808,184 B2
`____________
`
`Before KEVIN F. TURNER, Administrative Patent Judge.
`
`
`
`DECISION
`
`Motions for Pro Hac Vice Admission of Mr. Anthony J. Fitzpatrick
`37 C.F.R. § 42.10
`
`
`
`
`1 This Decision addresses the same issues in the inter partes reviews listed
`herein. 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.
`
`
`
`IPR2014-00828, IPR2014-00829, IPR2014-00917
`Patent 7,808,184 B2
`
`
`Petitioners Taiwan Semiconductor Manufacturing Company, Ltd. and
`
`TSMC North America Corporation (collectively “TSMC”) filed a Motion
`
`for Pro Hac Vice Admission of Mr. Anthony J. Fitzpatrick in each of the
`
`proceedings identified above. Paper 16. (“Mot.”).2 Although Patent Owner
`
`Zond, LLC was authorized to file an Opposition to each of the Motions
`
`within one week after the filing of the Motion (Paper 4, 2; Unified Patents,
`
`Inc. v. Parallel Iron, LLC, Case IPR2013-00639, slip op. at 3 (PTAB
`
`Oct. 15, 2013) (Paper 7)), our record shows no Opposition has been filed.
`
`For the reasons provided below, TSMC’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 instant
`
`proceedings.
`
`In the proceedings at issue, lead counsel for TSMC, Mr. David M.
`
`O’Dell, is a registered practitioner. Mot. 2. TSMC’s Motions indicate that
`
`there is good cause for us to recognize Mr. Fitzpatrick pro hac vice during
`
`these proceedings, and is supported by the Declaration of Mr. Fitzpatrick
`
`(Ex. 1217). Mot. 2–3.
`
`
`
`2 For the purpose of clarity and expediency, we treat IPR2014-00828 as
`representative, and all citations are to IPR2014-00828 unless otherwise
`noted.
`
`2
`
`
`
`IPR2014-00828, IPR2014-00829, IPR2014-00917
`Patent 7,808,184 B2
`
`
`In particular, Mr. Fitzpatrick 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. 1217 ¶ viii.
`
`Mr. Fitzpatrick also declares that he has established familiarity with the
`
`subject matter at issue in the instant proceedings, as he has been representing
`
`Taiwan Semiconductor Manufacturing Company, Ltd., in the related district
`
`court litigation that involves the same patents being challenged in the
`
`proceedings before us. Id. at ¶ ix. Additionally, Mr. Fitzpatrick’s
`
`Declaration complies with the requirements set forth in the Board’s Order
`
`authorizing motions for pro hac vice admission. Id. at ¶¶ i–ix.
`
`On this record, we determine that Mr. Fitzpatrick has sufficient legal
`
`and technical qualifications to represent TSMC in the instant proceedings.
`
`We further recognize that there is a need for TSMC to have its counsel in the
`
`co-pending litigation involved in the proceedings before us. Accordingly,
`
`TSMC has established that there is good cause for Mr. Fitzpatrick’s
`
`admission.
`
`Accordingly, it is
`
`ORDERED that TSMC’s Motions for Pro Hac Vice Admission of
`
`Mr. Anthony J. Fitzpatrick are granted; Mr. Fitzpatrick is authorized to
`
`represent TSMC as back-up counsel in the instant proceedings;
`
`FURTHER ORDERED that TSMC is to continue to have a registered
`
`practitioner represent it as lead counsel for those proceedings;
`
`3
`
`
`
`IPR2014-00828, IPR2014-00829, IPR2014-00917
`Patent 7,808,184 B2
`
`
`FURTHER ORDERED that Mr. Fitzpatrick is to comply with the
`
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`
`Trials, as set forth in Part 42 of Title 37, Code of Federal Regulations; and
`
`FURTHER ORDERED that Mr. Fitzpatrick is 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.
`
`
`
`
`
`4
`
`
`
`IPR2014-00828, IPR2014-00829, IPR2014-00917
`Patent 7,808,184 B2
`
`
`For PATENT OWNER:
`
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`Bruce J. Barker
`CHAO HADIDI STARK & BARKER LLP
`bbarker@chsblaw.com
`
`
`For PETITIONER:
`
`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
`
`Gillette:
`
`Michael A. Diener
`Larissa B. Park
`WILMER, CUTLER, PICKERING, HALE AND DORR, LLP
`michael.diener@wilmerhale.com
`larissa.park@wilmerhale.com
`
`
`
`5
`
`
`
`IPR2014-00828, IPR2014-00829, IPR2014-00917
`Patent 7,808,184 B2
`
`
`AMD:
`
`David M. Tennant
`WHITE & CASE LLP
`dtennant@whitecase.com
`
`Brian M. Berliner
`Byan K. Yagura
`Xin-Yi Zhou
`O’MELVENY & MEYERS LLO
`bberliner@omm.com
`ryagura@omm.com
`vzhou@omm.com
`
`6
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