`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD.
`Petitioner
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.
`Patent Owner
`___________________
`
`Patent 5,652,084
`IPR2014-01030
`
`Title: METHOD FOR REDUCED PITCH LITHOGRAPHY
`_________________________________________________________
`
`MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01030 / Patent 5,652,084
`
`Petitioner Taiwan
`
`Semiconductor Manufacturing Company, LTD.
`
`(“TSMC”) respectfully moves that the Board recognize Mr. Scott Cunning as
`
`counsel pro hac vice during this proceeding.
`
`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.
`
`2. Statement of Facts Showing Good Cause for Counsel Pro Hac Vice
`
`The following statement of facts shows that there is good cause for the
`
`Board to recognize Mr. Cunning pro hac vice on behalf of the Petitioner. Further,
`
`the Patent Owner does not oppose Mr. Cunning appearing Pro Hac Vice during
`
`this proceeding.
`
`In summary, Mr. Cunning 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 used in the depositions that occur in this proceeding.
`
`Specifically, U.S. Patent No. 5,652,084 is currently asserted against
`
`Petitioner TSMC in a co-pending litigation, DSS Technology Mgmt. Inc. v. TSMC
`
`Ltd. et al. 2:14-cv-00199-RSP (ED. Tex.), (“the related litigation”). Mr. Cunning
`
`is a member of the Virginia State Bar and the D.C. Bar in good standing, and is
`
`representing the Petitioner, TSMC, in the related litigation.
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01030 / Patent 5,652,084
`
`Mr. Cunning has analyzed prior art
`
`references and claims 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. 5,652,084. TSMC
`
`has expended significant resources in the related litigations with Mr. Cunning as its
`
`counsel, and wishes to apply Mr. Cunning’s knowledge of the patent by employing
`
`him as counsel in this proceeding.
`
`Therefore, TSMC respectfully submits that there is good cause for the Board
`
`to recognize Mr. Cunning as counsel Pro Hac Vice during this proceeding.
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01030 / Patent 5,652,084
`
`3. Affidavit or Declaration of Individual Seeking to Appear
`
`This Motion for Pro Hac Vice Admission is accompanied by an Affidavit of
`
`Mr. Cunning (Ex. 1013).
`
`Date: February 6, 2015
`
`Respectfully submitted,
`
`By: /David M. O’Dell/
`David M. O’Dell
`Registration No. 42,044
`Lead Counsel for Petitioner TSMC
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01030 / Patent 5,652,084
`
`TSMC’S UPDATED EXHIBIT LIST
`
`February 6, 2015
`
`TSMC-1001
`
`Cleeves, U.S. Patent No. 5,652,084
`
`TSMC-1002
`
`Prosecution History of U.S. Patent No. 5,652,084
`
`TSMC-1003
`
`Cleeves (II), U.S. Patent No. 5,710,061
`
`TSMC-1004
`
`Jinbo, Japanese Patent App. No. 04-71222 (English
`
`Translation with Certification)
`
`TSMC-1005
`
`Brownell, U.S. Patent No. 4,591,547
`
`TSMC-1006
`
`McColgin, U.S. Patent No. 4,931,351
`
`TSMC-1007
`
`Matthews, U.S. Patent No. 4,548,688
`
`TSMC-1008
`
`Cooper, U.S. Patent No. 5,158,910
`
`TSMC-1009
`
`Declaration of Richard Blanchard
`
`TSMC-1010
`
`Curriculum Vitae of Richard Blanchard
`
`TSMC-1011
`
`Jinbo, Japanese Patent App. No. 04-71222
`
`TSMC-1012
`
`Affidavit of Erick Hasegawa
`
`TSMC-1013
`
`Affidavit of Mr. Scott Cunning in Support of Motion for
`
`Pro Hac Vice Admission
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-00094 / Patent 5,652,084
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD.
`Petitioner
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.
`Patent Owner
`___________________
`
`Patent 5,652,084
`IPR2014-01030
`
`_____________________
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that
`
`service was made on the Patent Owner as detailed below.
`
`Date of service February 6, 2015
`
`Manner of service Email: andriv.lytvyn@smithhopen.com;
`anton.hopen@smithhopen.com
`
`Documents served
`
`- MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10
`- Exhibit TSMC-1013
`
`Persons Served Email: Andriv Lytvyn and Anton Hopen
`
`/David M. O’Dell/
`David M. O’Dell
`Registration No. 42,044
`
`
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