`By:
`Justin B. Kimble (jkimble@bcpc-law.com)
`
`Jeffrey R. Bragalone (jbragalone@bcpc-law.com)
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`Tel: 214.785.6670
`Fax: 214.786.6680
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG DISPLAY CO., LTD.
`Petitioner
`
`v.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC
`Patent Owner
`
`
`Case IPR2014-01097
`U.S. Patent No. 7,300,194
`
`
`
`
`PRO HAC VICE MOTION TO ADMIT ATTORNEY T. WILLIAM
`KENNEDY PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`
`
`
`Case IPR2014-01097
`Patent 7,300,194
`
`
`
`Patent Owner Innovative Display Technologies LLC (“IDT”) hereby files this
`
`motion pursuant to 37 C.F.R. § 42.10(c) for T. William Kennedy to appear pro hac
`
`vice on its behalf before the Patent Trial and Appeal Board in IPR2014-01097. This
`
`motion follows the guidelines set forth in IPR2013-00639, Paper 7, entered October
`
`15, 2013.
`
`I.
`
`Statement of Facts.
`
`IDT has already designated a registered practitioner, Justin B. Kimble (reg.
`
`no. 58,591) as lead counsel, and IDT intends to designate T. William Kennedy as
`
`one of its back-up counsel in the event this motion is granted. The following
`
`statement of facts shows that there is good cause for the Board to recognize T.
`
`William Kennedy pro hac vice during this proceeding.
`
`Mr. Kennedy is a patent litigator with over eight years’ experience, including
`
`significant experience in the area of patent validity. In the many patent litigations in
`
`which he has been counsel, he was worked extensively on issues relating to 35
`
`U.S.C. §§ 102, 103, and 112 challenges to patent validity including things such as
`
`working closely with experts on validity and invalidity reports, preparing invalidity
`
`arguments for trial, developing invalidity and validity arguments, and reviewing and
`
`analyzing numerous prosecution histories and prior art references. Mr. Kennedy has
`
`also spent significant time learning the procedure of inter partes review.
`
`
`
`2
`
`
`
`Case IPR2014-01097
`Patent 7,300,194
`
`Mr. Kennedy currently represents the Patent Owner in its assertion of the
`
`patent at issue in this proceeding and its related patents in numerous cases pending
`
`in the District of Delaware and the Eastern District of Texas. See, e.g., Innovative
`
`Display Technologies LLC v. Sprint Corporation et al., No. 2:13-cv-00721 (E.D.
`
`Tex., filed June 25, 2014); see also Delaware Display Group LLC et al. v. Sony Corp
`
`et al., No. 1:13-cv-02111 (D. Del., filed Dec. 31, 2013). As counsel in those actions,
`
`Mr. Kennedy has become very familiar the subject matter at issue in this proceeding,
`
`i.e., light emitting panel assemblies. Moreover, during the course of those lawsuits,
`
`Mr. Kennedy has analyzed the prior art involved in this petition as it relates to the
`
`patent-at-issue as well as its related patents, all of which concern light emitting panel
`
`assemblies. Furthermore, in those lawsuits Mr. Kennedy has developed infringement
`
`allegations that assert the patent-at-issue in this petition against various light
`
`emitting panel assemblies, including those found in smart phones, tablets, laptop
`
`computers, and televisions to name a few. In his role as counsel in those litigations,
`
`Mr. Kennedy has spent significant time learning the technology involved in light
`
`emitting panel assemblies such as those found in the patent-at-issue in this
`
`proceeding.
`
`As of this date, there are currently 38 total pending IPRs covering the patent-
`
`at-issue and its related patents. Mr. Kennedy has familiarized himself which each of
`
`those pending petitions. Given the sheer number of pending IPRs related to this
`
`
`
`3
`
`
`
`Case IPR2014-01097
`Patent 7,300,194
`
`patent family and Mr. Kennedy’s already extensive knowledge of the patents, prior
`
`art, and IPRs, Patent Owner asks the PTAB to grant this motion to afford Patent
`
`Owner the benefit of having an additional attorney authorized on this matter.
`
`II. Mr. Kennedy has Submitted Herewith a Declaration1 Attesting the
`
`Following Facts.
`
`1. Mr. Kennedy is a member in good standing of the Texas State Bar.
`
`2. Mr. Kennedy has never been subject to any suspensions or disbarments
`
`from practice before any court or administrative body.
`
`3.
`
`None of Mr. Kennedy’s applications for admission to practice before
`
`any court or administrative body has ever been denied.
`
`4. Mr. Kennedy has never been sanctioned nor had contempt citations
`
`imposed by any court or administrative body.
`
`5. Mr. Kennedy has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules of Practice for Trials set forth in
`
`part 42 of 37 C.F.R.
`
`6. Mr. Kennedy will be subject to the USPTO Rules of Professional
`
`Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a).
`
`
`1 See Declaration of T. William Kennedy, attached hereto as Exhibit 2007.
`
`
`
`4
`
`
`
`Case IPR2014-01097
`Patent 7,300,194
`
`7.
`
`During the past three years, Mr. Kennedy has applied to appear pro hac
`
`vice before the PTAB in one other proceeding (IPR2014-01096), the
`
`motion for which was filed concurrently with this motion. Mr.
`
`Kennedy intends to file pro hac vice motions for the remainder of the
`
`IPRs asserted in this patent family.
`
`8. Mr. Kennedy has familiarity with the subject matter at issue in the
`
`proceeding as set forth in Section I above.
`
`
`
`5
`
`
`
`Case IPR2014-01097
`Patent 7,300,194
`
`Dated: April 10, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this document has been served via
`
`electronic mail on April 10, 2015, to Petitioner at the email addresses
`
`rpluta@mayerbrown.com, bpaul@mayerbrown.com, astreff@mayerbrown.com,
`
`alam@mayerbrown.com,
`
`jbeaber@mayerbrown.com,
`
`and
`
`DDGIPR@mayerbrown.com, pursuant to Petitioner’s consent in its revised
`
`mandatory notice.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_____________________________
`
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`
`
`
`
`
`
`
`
`
`
`
`
`
`6
`
`