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Paper No. 17
`
`
`
`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 IPR2014-011001
`U.S. PATENT NO. 7,604,716
`Title: METHODS AND APPARATUS FOR GENERATING HIGH-DENSITY
`PLASMA
`____________________________________________
`
`
`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 IPR2014-00973 has been joined with the instant proceeding.
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01100 (U.S. 7,604,716)
`
`
`
`
`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. IPR2014-01100, Paper No. 10.
`
`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
`IPR2014-01100 (U.S. 7,604,716)
`
`
`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. 7,604,716 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. 7,604,716. 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
`IPR2014-01100 (U.S. 7,604,716)
`
`
`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. 1119).
`
`
`
`Date: November 21, 2014
`
`
`
`
`
`
`
`
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01100 (U.S. 7,604,716)
`
`
`Petitioner’s Updated Exhibit List
`November 21, 2014
`
`
`Exhibit
`1101
`
`1102
`
`Description
`U.S. Patent No. 7,604,716 (“’716 Patent”)
`
`Kortshagen Declaration (“Kortshagen 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”)
`
`U.S. Pat. No. 6,413,382 (“Wang”)
`
`US 6,190,512 (“Lantsman”)
`
`U.S. Pat. No. 6,853,142 (“ ‘142 Patent”)
`
`File History for U.S. Pat. No. 7,604,716, Office Action dated
`March 27, 2008 (“03/27/08 Office Action”)
`
`File History for U.S. Pat. No. 7,604,716, Response dated
`September 24, 2008 (“09/24/08 Response”)
`
`File History for U.S. Pat. No. 7,604,716, Notice of Allowance
`dated June 11, 2009 (“06/11/09 Allowance”)
`
`European Patent Application 1560943, Response of April 21,
`2008 (“04/21/08 Response in EP 1560943”)
`
`U.S. Patent No. 7,147,759 (“’759 Patent”)
`
`File History for U.S. Pat. No. 7,147,759, Response dated May
`2, 2006 (“05/02/06 Response of ‘759 Patent File History”)
`
`Plasma Etching: An Introduction, by Manos and Flamm,
`Academic Press (1989) (“Manos”)
`
`The Materials Science of Thin Films, by Ohring M.,
`
`1103
`
`1104
`
`1105
`
`1106
`
`1107
`
`1108
`
`1109
`
`1110
`
`1111
`
`1112
`
`1113
`
`1114
`
`
`
`4
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01100 (U.S. 7,604,716)
`
`
`Academic Press (1992) (“Ohring”)
`
`Thin-Film Deposition: Principles & Practice by Smith, D.L.,
`McGraw Hill (1995) (“Smith”)
`
`Claim Chart Based on Mozgrin as used in 1:13-cv-11570-
`RGS (“Claim Chart based on Mozgrin and Lantsman”)
`
`Claim Chart Based on Wang as used in 1:13-cv-11570-RGS
`(“Claim Chart based on Wang and Lantsman”)
`
`List of Related Litigations
`
`Affidavit of Brett C. Rismiller in Support of Petitioner’s
`Motion for Pro Hac Vice Admission
`
`1115
`
`1116
`
`1117
`
`1118
`
`1119
`
`
`
`5
`
`
`
`
`
`

`
`Petitioner’s Motion for Pro Hac Vice Admission
`IPR2014-01100 (U.S. 7,604,716)
`
`
`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: tarek.fahmi@ascendalaw.com;
`gonsalves@gonsalveslawfirm.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 Tarek Fahmi
`84 W. Santa Clara Street, Suite 550
`San Jose, CA 95113
`
`Dr. Gregory J. Gonsalves
`2216 Beacon Lane
`Falls Church, Virginia 22043
`
`
`
`
`
`
`
`
`/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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