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Paper No. 11
`
`
`
`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 IPR2014-010891
`U.S. PATENT NO. 6,806,652
`Title: HIGH-DENSITY PLASMA SOURCE USING EXCITED ATOMS
`____________________________________________
`
`
`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 Case IPR2014-01004 has a pending motion seeking joinder with the instant proceeding.
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01089 (U.S. 6,806,652)
`
`
`
`
`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.
`
`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
`
`

`
`that the Board may impose. The facts here establish good cause for the Board to
`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01089 (U.S. 6,806,652)
`
`
`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. 6,806,652 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. 6,806,652. 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.
`
`
`
`2
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01089 (U.S. 6,806,652)
`
`
`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
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/ David M. Tennant
`David M. Tennant
`Lead Counsel for Petitioner
`GlobalFoundries
`Registration No. 48,362
`
`3
`
`Mr. Rismiller (Ex. 1215).
`
`
`
`Date: November 21, 2014
`
`
`
`
`
`
`
`
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01089 (U.S. 6,806,652)
`
`
`Petitioner’s Updated Exhibit List
`November 21, 2014
`
`
`Exhibit
`1201
`
`Description
`U.S. Patent No. 6,806,652 (“’652 Patent”)
`
`1202
`
`Kortshagen Declaration (“Kortshagen Decl.”)
`
`1203
`
`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”)
`
`1204
`
`U.S. Patent No. 6,413,382 (“Wang”)
`
`1205
`
`1206
`
`1207
`
`1208
`
`1209
`
`1210
`
`1211
`
`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 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. 7,147,759 (“Chistyakov”)
`
`U.S. Patent No. 5,753,886 (“Iwamura”)
`
`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 (“Röepcke”)
`
`J. Hopwood and J. Asmussen, Neutral gas temperatures in a
`multipolar electron cyclotron resonance plasma, Appl. Phys.
`Let. 58 (22), 2473-2475 (1991) (“Hopwood”)
`
`G. A. Hebner, Spatially resolved, excited state densities and
`neutral and ion temperatures in inductively coupled argon
`
`
`
`4
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01089 (U.S. 6,806,652)
`
`
`plasmas, J. Appl. Physics, 80 (5), 2624- 2636 (1996)
`(“Hebner”)
`
`Clarenbach, Time-dependent gas density and
`
`temperature measurements in pulsed
`
`helicon discharges in argon, Plasma Sources Sci. Technol. 12
`(2003) 345–357 (“Clarenbach”)
`
`Plaintiff Zond LLC’s Preliminary Proposed Claim
`Constructions, Civil Action No. 13-cv-11634-WGY
`
`List of Related Litigations
`
`Affidavit of Brett C. Rismiller in Support of Petitioner’s
`Motion for Pro Hac Vice Admission
`
`1212
`
`1213
`
`1214
`
`1215
`
`
`
`5
`
`
`
`
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01089 (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 “PETITIONER’S
`
`MOTION FOR PRO HAC VICE ADMISSION PURSUANT TO 37 C.F.R. §
`
`42.10(C)” as detailed below:
`
`
`
`
`
`
`
`Date of service November 21, 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
`
`6

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