`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00861 (U.S. 6,806,652)
`
`
`
`
`Paper No.
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`
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`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, and
`FUJITSU SEMICONDUCTOR AMERICA, INC.,
`Petitioners,
`
`v.
`
`ZOND, LLC,
`Patent Owner
`____________________________________________
`
`Case IPR2014-008611
`Patent 6,806,652 B1
`____________________________________________
`
`PETITIONERS’ MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10(C)
`
`
`
`
`
`
`
`
`1 Case IPR2014-00864 has been joined with the instant proceeding.
`
`
`
`
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`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00861 (U.S. 6,806,652)
`
`
`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
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`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, 6,805,779 and
`
`7,811,421.
`
`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).
`
`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 L. McCombs, USPTO Reg. No. 32,271; and
`
`Backup Counsel: David M. O’Dell, USPTO Reg. No. 42,044.
`
`–1–
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`
`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00861 (U.S. 6,806,652)
`
`
`
`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. 6,806,652 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. 6,806,652. Petitioner
`
`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
`
`
`
`–2–
`
`
`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00861 (U.S. 6,806,652)
`
`
`
`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 L. McCombs/
`David L. McCombs
`Lead Counsel for Petitioner TSMC
`Registration No. 32,271
`
`
`Mr. Fitzpatrick (Ex. 1115).
`
`
`
`Date: December 16, 2014
`
`
`
`
`
`
`
`
`
`–3–
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`
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`
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`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00861 (U.S. 6,806,652)
`
`
`Petitioners’ Updated Exhibit List
`December 16, 2014
`
`U.S. Patent No. 6,806,652 (“’652 Patent”)
`
`Description
`
`Kortshagen Declaration (“Kortshagen Decl.”)
`
`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
`
`Wang, U.S. Pat. No. 6,413,382 (“Wang)
`
`D. W. Fahey, et al., High flux beam source of thermal rare-
`gas metastable atoms, J. Phys. E; Sci. Insrum., Vol. 13, 1980
`(“Fahey”)
`
`A. A. Kudryavtsev, et al, Ionization relaxation in a plasma
`produced by a pulsed inert-gas discharge, Sov. Phys. Tech.
`Phys. 28(1), January 1983
`
`Chistyakov, U.S. Patent No. 7,147,759
`
`Iwamura, U.S. Patent No. 5,753,886
`
`Röepcke et al, Comparison of Optical Emission Spectrometric
`Measurements of the Concentration and Energy of Species in
`Low-pressure Microwave and Radiofrequency Plasma
`Sources, J. Analytical Atomic Spectrometry, September 1993,
`Vol. 8, pp. 803-808
`
`J. Hopwood and J. Asmussen, Neutral gas temperatures in a
`multipolar electron cyclotron resonance plasma, Appl. Phys.
`Let. 58 (22), 2473-2475 (1991)
`
`G. A. Hebner, Spatially resolved, excited state densities and
`neutral and ion temperatures in inductively coupled argon
`plasmas, J. Appl. Physics, 80 (5), 2624- 2636 (1996)
`
`Clarenbach, Time-dependent gas density and
`
`–4–
`
`
`
`Exhibit
`
`1101
`
`1102
`
`1103
`
`1104
`
`1105
`
`1106
`
`1107
`
`1108
`
`1109
`
`1110
`
`1111
`1112
`
`
`
`
`
`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00861 (U.S. 6,806,652)
`
`
`temperature measurements in pulsed
`helicon discharges in argon, Plasma Sources Sci. Technol. 12
`(2003) 345–357
`
`Plasma Etching: An Introduction, by Manos and Flamm, pp.
`185-258, Academic Press (1989) (“Manos”)
`
`Campbell, U.S. Pat. No. 5,429,070 (“Campbell” )
`
`Affidavit of Mr. Fitzpatrick in Support of Motion for Pro Hac
`Vice Admission
`
`
`
`1113
`
`1114
`
`1115
`
`–5–
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`Petitioners’ Motion for Pro Hac Vice Admission
`IPR2014-00861 (U.S. 6,806,652)
`
`
`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 December 16, 2014
`
`Manner of service Email: gonsalves@gonsalveslawfirm.com;
`tarek.fahmi@ascendalaw.com; and patent@ascendalaw.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 1115.
`
`Persons Served Tarek Fahmi
`Ascenda Law Group, PC
`84 W. Santa Clara Street, Suite 550
`San Jose, CA 95113
`
`Dr. Gregory J. Gonsalves
`2216 Beacon Lane
`Falls Church, Virginia 22043
`
`
`
`
`
`
`/David L. McCombs/
`David L. McCombs
`Lead Counsel for Petitioner TSMC
`Registration No. 32,271
`
`
`
`
`
`
`
`–6–
`
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`
`
`
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