`
`Paper No. 14
`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`
`
`
`GLOBALFOUNDRIES U.S., INC., GLOBALFOUNDRIES DRESDEN
`MODULE ONE LLC & CO. KG, and GLOBALFOUNDRIES DRESDEN
`MODULE TWO LLC & CO. KG.
`Petitioner
`
`v.
`
`ZOND, INC.
`Patent Owner
`____________________________________________
`
`Case IPR2014-010421
`U.S. PATENT NO. 7,808,184
`Title: METHODS AND APPARATUS FOR GENERATING STRONGLY-
`IONIZED PLASMAS WITH IONIZATINAL INSTABILITIES
`____________________________________________
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L.C. MITCHELL, and JENNIFER M. MEYER,
` Administrative Patent Judges
`__________________________________________________________________
`
`
`PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION PURSUANT TO 37 C.F.R. § 42.10(C)
`
`
`1 The instant proceeding has been joined with IPR2014-00799.
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01042 (U.S. 7,808,184)
`
`
`
`
`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. IPR2014-00799, Paper No. 11.
`
`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:
`
`Lead Counsel:
`
`David M. Tennant, USPTO Reg. No. 48,362; and
`
`Backup Counsel: Dohm Chankong, USPTO Reg. No. 70,524
`
`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
`
`
`
`1
`
`
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`that the Board may impose. The facts here establish good cause for the Board to
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01042 (U.S. 7,808,184)
`
`
`recognize Brett C. Rismiller pro hac vice on behalf of Petitioner during this
`
`proceeding.
`
`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. 7,808,184 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
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`the petition requesting inter partes review of U.S. Patent No. 7,808,184. 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
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`Petitioner to avoid unnecessary expense and duplication of work between this
`
`proceeding and the co-pending litigation.
`
`
`
`2
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01042 (U.S. 7,808,184)
`
`
`Petitioner’s lead and backup counsel are registered practitioners and Mr.
`
`Rismiller 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. 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. 1025).
`
`
`
`Date: November 26, 2014
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ David M. Tennant
`David M. Tennant
`Lead Counsel for Petitioner
`GlobalFoundries
`Registration No. 48,362
`
`
`
`
`
`3
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01042 (U.S. 7,808,184)
`
`
`Petitioner’s Updated Exhibit List
`November 26, 2014
`
`
`Exhibit
`1001
`
`Description
`U.S. Patent No. 7,808,184 (“the ‘184 Patent”)
`
`1002
`
`Declaration of Dr. Richard DeVito (“DeVito 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, pp. 400-
`409, 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. Pat. No. 6,413,382 (“Wang”)
`
`Certified Translation of D.V. Mozgrin, High-Current Low-
`Pressure Quasi-Stationary Discharge in a Magnetic Field:
`Experimental Research, Thesis at Moscow Engineering
`Physics Institute, 1994 (“Mozgrin Thesis”)
`
`Mozgrin Thesis (Original Russian)
`
`Catalogue Entry at the Russian State Library for of the
`Mozgrin Thesis
`
`File History for U.S. Pat. No. 7,808,184, Office Action of
`December 8, 2009 (“12/08/09 Office Action”)
`
`File History for U.S. Pat. No. 7,808,184, Response dated June
`3, 2010 (“06/03/10 Response”)
`
`File History for U.S. Pat. No. 7,808,184, Notice of
`Allowance, (“06/28/10 Notice of Allowance”)
`
`Plasma Etching: An Introduction, by Manos and Flamm, pp.
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`
`
`4
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01042 (U.S. 7,808,184)
`
`
`185-258, Academic Press (1989) (“Manos”)
`
`U.S. Patent No. 7,147,759 (“the ‘759 Patent”)
`
`File History for U.S. Pat. No. 7,147,759, Response of May 2,
`2006 (“05/02/06 Resp. of ‘759 patent file history”)
`
`J. T. Gudmundsson et al., Evolution of the electron energy
`distribution and plasma parameters in a pulsed magnetron
`discharge, Applied Physics Letters, 78(22), pp. 3427-2429,
`2001 (“Gudmundsson”)
`
`J. A. Thornton Magnetron sputtering: basic physics and
`application to cylindrical magnetrons, J. Vac. Sci. Technol.,
`15(2), pp. 171-177, 1978 (“Thornton”)
`
`European Patent Application 1560943, Response of April 21,
`2008 (“04/21/08 Response in EP 1560943”)
`
`Leipold et al., High Electron Density, Atmospheric Pressure
`Air Glow Discharges, IEEE pp. 130-133, (2002) (“Leipold”)
`
`Claim Chart Based on Mozgrin and Kudryavtsev as used in
`1:13-cv-11570-RGS (“Claim Chart based on Mozgrin and
`Kudryavtsev”)
`
`Claim Chart Based on Mozgrin and the Mozgrin Thesis as
`used in 1:13-cv-11570-RGS (“Claim Chart based on Mozgrin
`and the Mozgrin Thesis”)
`
`Claim Chart Based on Mozgrin, Kudryavtsev and Wang as
`used in 1:13-cv-11570-RGS (“Claim Chart based on Mozgrin,
`Kudryavtsev and Wang”)
`
`Claim Chart Based on Mozgrin, Mozgrin Thesis and Wang as
`used in 1:13-cv-11570-RGS (“Claim Chart based on Mozgrin,
`Mozgrin Thesis and Wang”)
`
`Claim Chart Based on Wang and Kudryavtsev as used in
`1:13-cv-11570-RGS (“Claim Chart based on Wang and
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`1020
`
`1021
`
`1022
`
`1023
`
`
`
`5
`
`
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`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01042 (U.S. 7,808,184)
`
`
`Kudryavtsev”)
`
`1024
`
`1025
`
`List of Related Litigations
`
`Affidavit of Brett C. Rismiller in Support of Petitioner’s
`Motion for Pro Hac Vice Admission
`
`
`
`6
`
`
`
`
`
`
`
`
`
`
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01042 (U.S. 7,808,184)
`
`
`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 November 26, 2014
`
`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
`
`7
`
`
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