`Tel: 571-272-7822
`
`
`Paper 16
`Entered: December 3, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`GLOBALFOUNDRIES U.S., INC., GLOBALFOUNDRIES DRESDEN
`MODULE ONE LLC & CO. KG, GLOBALFOUNDRIES DRESDEN MODULE
`TWO LLC & CO. KG, and THE GILLETTE COMPANY,
`Petitioners,
`v.
`ZOND, LLC,
`Patent Owner.
`____________
`Case IPR2014-010981
`Patent 6,853,142 B2
`____________
`Before KEVIN F. TURNER, Administrative Patent Judge.
`
`
`DECISION2
`Motions for Pro Hac Vice Admission of Mr. Brett C. Rismiller
`37 C.F.R. § 42.10
`
`
`
`
`1 Case IPR2014-01016 has been joined with the instant proceeding.
`2 This Decision addresses the same issues in the inter partes reviews listed in
`the Appendix. 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.
`
`
`
`IPR2014-01098 (Patent 6,853,142 B2) et al.
`
`
`GLOBALFOUNDRIES U.S., Inc., GLOBALFOUNDRIES Dresden
`Module One LLC & Co. KG, and GLOBALFOUNDRIES Dresden Module
`Two LLC & Co. KG (hereafter “GlobalFoundaries”) filed Motions for Pro
`Hac Vice Admission of Brett C. Rismiller in each of the proceedings
`identified in the Appendix. Paper 13 (“Mot.”).3 GlobalFoundaries indicates,
`in a separate email, that these Motions were being filed without opposition.
`For the reasons provided below, GlobalFoundaries’ Motions are granted.4
`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 proceedings
`identified in the Appendix.
`In the proceedings at issue, lead counsel for GlobalFoundaries, David
`M. Tennant, is a registered practitioner. Mot. 1. GlobalFoundaries’ Motions
`indicate that there is good cause for us to recognize Mr. Brett C. Rismiller
`pro hac vice during these proceedings, and is supported by a Declaration of
`
`3 For the purpose of clarity and expediency, we treat IPR2014-01098 as
`representative, and all citations are to IPR2014-01098 unless otherwise
`noted.
`4 We note that GlobalFoundaries filed Motions for Pro Hac Vice Admission
`of Brett C. Rismiller in the following cases: IPR2014-01042, IPR2014-
`01047, IPR2014-01059, and IPR2014-01061. However, those cases were
`terminated (Papers 12, 14, 12, and 12, respectively), such that no papers
`should be filed in those cases. Papers should be filed, instead, in the cases
`into which those proceedings were joined, respectively.
`2
`
`
`
`IPR2014-01098 (Patent 6,853,142 B2) et al.
`
`the same (Ex. 1421). Mot. 3.
`Mr. Rismiller 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. 1421 ¶ 8. Mr. Rismiller also
`declares that he has established familiarity with the subject matter at issue in
`the proceedings identified in the Appendix, as he has been representing
`GlobalFoundaries in the related district court litigation that involves the
`same patents being challenged in the proceedings before us. Id. ¶ 9.
`Additionally, Mr. Rismiller’s Declaration complies with the requirements set
`forth in the Board’s Order authorizing motions for pro hac vice admission.
`Id. ¶¶ 1–9.
`On this record, we determine that Mr. Rismiller has sufficient legal
`and technical qualifications to represent GlobalFoundaries in the
`proceedings identified in the Appendix. We further recognize that there is a
`need for GlobalFoundaries to have its counsel in the co-pending litigation
`involved in the proceedings before us. Accordingly, GlobalFoundaries has
`established that there is good cause for Mr. Rismiller’s admission.
`For the foregoing reasons, it is
`ORDERED that GlobalFoundaries’ motions for pro hac vice
`admission of Mr. Rismiller for the instant proceeding are granted; he is
`authorized to represent GlobalFoundaries as back-up counsel in the
`proceedings identified in the Appendix;
`FURTHER ORDERED that GlobalFoundaries is to continue to have a
`registered practitioner as lead counsel in the instant proceedings; and
`
`3
`
`
`
`IPR2014-01098 (Patent 6,853,142 B2) et al.
`
`
`FURTHER ORDERED that Mr. Rismiller is to comply with the
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`Trials, as set forth in Title 37, Part 42 of the C.F.R., and he 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
`
`
`
`IPR2014-01098 (Patent 6,853,142 B2) et al.
`
`
`
`U.S. Patent Numbers
`
`6,805,779 B2
`
`6,806,652 B2
`6,853,142 B2
`
`7,147,759 B2
`
`7,604,716 B2
`
`
`
`
`
`APPENDIX
`
`Inter Partes Reviews
`IPR2014-01073
`IPR2014-01076
`IPR2014-01089
`IPR2014-01088
`IPR2014-01098
`IPR2014-01086
`IPR2014-01087
`IPR2014-01083
`IPR2014-01099
`IPR2014-01100
`
`Paper No. for Motion
`15
`15
`11
`14
`13
`17
`15
`15
`17
`17
`
`5
`
`
`
`IPR2014-01098 (Patent 6,853,142 B2) et al.
`
`For PETITIONER:
`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
`
`
`For PATENT OWNER:
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`Bruce J. Barker
`CHAO HADIDI STARK & BARKER LLP
`bbarker@chsblaw.com
`
`
`6