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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 IPR2014-009171
`U.S. PATENT NO. 6,805,779
`Title: PLASMA GENERATION USING MULTI-STEP IONIZATION
`____________________________________________
`
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION PURSUANT TO 37 C.F.R. § 42.10(C)
`
`
`
`
`
`
`1 Cases IPR2014-01074, IPR2014-01025, and IPR2014-00918 have been joined with the instant
`proceeding.
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00917 (U.S. 6,805,779)
`
`
`
`
`I.
`
`Relief Requested
`
`This Motion for Pro Hac Vice admission is filed solely on behalf of
`
`Petitioner GLOBALFOUNDRIES U.S., Inc., GLOBALFOUNDRIES Dresden
`
`Module One LLC & Co. KG, and GLOBALFOUNDRIES Dresden Module Two
`
`LLC & Co. KG (collectively, “GlobalFoundries” or “Petitioner”).
`
`GlobalFoundries respectfully requests that the Board recognize Mr. Brett C.
`
`Rismiller as counsel pro hac vice during this proceeding.
`
`II. 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.
`
`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
`
`vice under 37 C.F.R. 42.10(c). (Paper No. 3). Petitioner’s lead and back-up
`
`counsel are registered practitioners.
`
`In accordance with 37 C.F.R. § 42.10(c), the Board 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 and to any other conditions
`
`that the Board may impose. The facts here establish good cause for the Board to
`
`recognize Brett C. Rismiller pro hac vice on behalf of Petitioner during this
`
`
`
`1
`
`

`
`proceeding.
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00917 (U.S. 6,805,779)
`
`
`In summary, Mr. Rismiller 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. 6,805,779 is currently asserted against Petitioner in co-pending litigation, in
`
`the District of Massachusetts, 1:13-cv-11577-LTS (Zond v. AMD, et al.) (“the co-
`
`pending litigation”). Mr. Rismiller is a member of the California bar in good
`
`standing and works closely with the team representing the Petitioner in the co-
`
`pending litigation.
`
`Mr. Rismiller 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
`
`wishes to apply Mr. Rismiller’s knowledge of the patent by employing him as
`
`counsel in this proceeding. Admission of Mr. Rismiller 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.
`
`Rismiller is an experienced litigation attorney having familiarity with the subject
`
`
`
`2
`
`

`
`matter at issue in this proceeding. Therefore, Petitioners respectfully submit that
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00917 (U.S. 6,805,779)
`
`
`there is good cause for the Board to recognize Mr. Rismiller as counsel pro hac
`
`vice during this proceeding.
`
`IV. Affidavit of Individual Seeking to Appear
`
`This Motion for Pro Hac Vice Admission is supported by an Affidavit of
`
`Mr. Rismiller (Ex. 1417).
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/ David M. Tennant
`David M. Tennant
`Lead Counsel for Petitioner
`GlobalFoundries
`Registration No. 48,362
`
`3
`
`
`
`
`
`
`
`Date: April 3, 2015
`
`
`
`
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00917 (U.S. 6,805,779)
`
`
`Petitioner’s Updated Exhibit List
`December 12, 2014
`
`
`Description
`U.S. Patent No. 6,805,779 (“’779 Patent”)
`
`Kortshagen Decl. 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
`(“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,
`Printed in the UK
`
`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
`
`Exhibit
`1401
`
`1402
`
`1403
`
`1404
`
`1405
`
`1406
`
`1407
`
`1408
`
`1409
`
`1410
`
`1411
`
`1412
`
`
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00917 (U.S. 6,805,779)
`
`
`Printed in the UK
`
`EP 0146509 (“Gruber”)
`
`WO 83/01349 (“Wells”)
`
`Plantiff Zond LLC’s preliminary proposed claim
`constructions
`
`Affidavit of Mr. Fitzpatrick in Support of Motion for Pro Hac
`Vice Admission
`
`Affidavit of Brett C. Rismiller in Support of Petitioner’s
`Motion for Pro Hac Vice Admission
`
`1413
`
`1414
`
`1415
`
`1416
`
`1416
`
`
`
`5
`
`
`
`
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00917 (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 “PETITIONER’S
`
`MOTION FOR PRO HAC VICE ADMISSION PURSUANT TO 37 C.F.R. §
`
`42.10(C)” as detailed below:
`
`
`
`
`
`
`
`Date of service April 3, 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
`
`6

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