`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`CISCO SYSTEMS, INC. and QUANTUM CORPORATION,
`Petitioners,
`
`v.
`
`CROSSROADS SYSTEMS, INC.,
`Patent Owner.
`________________
`
`Case IPR2014-01463
`Patent 7,934,041
`
`________________
`
`PETITIONERS’ UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION PURSUANT TO 37 C.F.R. § 42.10(C)
`
`
`
`Petitioners’ Unopposed Motion for Pro Hac Vice Admission
`
`IPR2014-01463
`Pat. No. 7,934,041
`
`Petitioners Cisco Systems, Inc. and Quantum Corporation respectfully move
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`that the Board recognize Mr. Clement S. Roberts as counsel pro hac vice during
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`this proceeding. Patent Owner does not oppose this motion, and Mr. Roberts has
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`already been admitted pro hac vice in a related proceeding, IPR2014-01226.
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`1. Time for Filing
`
`This Motion for Pro Hac Vice Admission is being filed no sooner than
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`twenty one (21) days after service of the petition.
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`2. Statement of Facts Showing Good Cause for Counsel Pro Hac Vice
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`Petitioners have been authorized to file motions seeking admission pro hac
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`vice under 37 C.F.R. 42.10(c). (Paper No. 4 at 2.). Petitioners’ lead and back-up
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`counsel are registered practitioners:
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`Lead Counsel:
`
`David L. McCombs, USPTO Reg. No. 32,271;
`
`Backup Counsel: Andrew S. Ehmke, USPTO Reg. No. 50,271
`
`Scott T. Jarratt, USPTO Reg. No. 70,297.
`
`The following statement of facts shows that there is good cause for the Board to
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`recognize Mr. Roberts pro hac vice on behalf of the Petitioners.
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`In summary, Mr. Roberts is an experienced litigator, has established
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`familiarity with the subject matter at issue in this proceeding from his participation
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`in co-pending litigation involving the subject patent, and if admitted, will be
`
`–1–
`
`
`
`Petitioners’ Unopposed Motion for Pro Hac Vice Admission
`
`IPR2014-01463
`Pat. No. 7,934,041
`
`involved in the depositions that occur in this proceeding. Specifically, U.S. Patent
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`No. 7,934,041 is currently asserted against Petitioner Quantum Corporation in a
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`co-pending litigation, Crossroads Systems, Inc. v. Quantum Corporation, 1:14-cv-
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`00150-SS (W.D. Tex.) (“the co-pending litigation”). Mr. Roberts is a member of
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`the California bar in good standing, and is representing Quantum Corporation in
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`the co-pending litigation.
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`Mr. Roberts has analyzed prior art references and claim charts in connection
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`with invalidity contentions and has been involved in forming claim construction
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`positions related to the claimed inventions, all of which are relevant to the petition
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`requesting inter partes review of U.S. Patent No. 7,934,041. Petitioners wish to
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`apply Mr. Roberts’ knowledge of the patent by employing him as counsel in this
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`proceeding. Admission of Mr. Roberts pro hac vice will enable the Petitioners to
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`avoid unnecessary expense and duplication of work between this proceeding and
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`the co-pending litigation.
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`Petitioners’ lead and backup counsel are registered practitioners and Mr.
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`Roberts is an experienced litigation attorney having familiarity with the subject
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`matter at issue in this proceeding. Therefore, Petitioners respectfully submit that
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`there is good cause for the Board to recognize Mr. Roberts as counsel pro hac vice
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`during this proceeding.
`
`–2–
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`
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`Petitioners’ Unopposed Motion for Pro Hac Vice Admission
`
`IPR2014-01463
`Pat. No. 7,934,041
`
`3. Affidavit of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is supported by an Affidavit of
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`Mr. Roberts (CQ-1012).
`
`Date: April 3, 2015
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`Respectfully submitted,
`
`By: /Andrew S. Ehmke/
`Andrew S. Ehmke
`USPTO Reg. No. 50,271
`Haynes and Boone, LLP
`Counsel for Petitioner
`
`–3–
`
`
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`Petitioners’ Unopposed Motion for Pro Hac Vice Admission
`
`IPR2014-01463
`Pat. No. 7,934,041
`
`PETITIONERS’ EXHIBIT LIST
`
`April 3, 2015
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`CQ-1001 U.S. Patent No. 7,934,041
`CQ-1002
`Prosecution History of U.S. Patent No. 7,934,041
`CQ-1003 Declaration of Andrew Hospodor Under 37 C.F.R. § 1.68
`CQ-1004 CMD Technology, Inc., CRD-5500 SCSI Raid Controller User's
`Manual, Revision 1.3, November 21, 1996
`CQ-1005 CMD Technology CRD-5500 RAID,
`http://web.archive.org/web/19961226091552/http://www.cmd.com/br
`ochure/crd5500.htm, archived December 26, 1996 by archive.org
`CQ-1006 Hewlett-Packard Journal, Volume 47, Number 5, October 1996
`
`CQ-1009
`
`CQ-1008
`
`CQ-1007 American National Standard for Information Systems, Fibre Channel
`Physical and Signaling Interface (FC-PH) X3.230, Rev. 4.3, June 1,
`1994 (“ANSI Fibre Channel FC-PH Standard”)
`Sun Microsystems Computer Company, SPARCstorage Array
`Configuration Guide, Revision A, March 1995 (“SPARCstorage
`Guide”)
`SPARCstorage Array – Product Brief,
`http://web.archive.org/web/19961220045017/http://www.sun.com/pro
`ducts-n-solutions/hw/peripherals/array.html, archived December 20,
`1996 by archive.org (“SPARCstorage Product Brief”)
`CQ-1010 ORDER of November 8, 2011, Crossroads Systems, Inc. v. 3PAR,
`Inc., et. al., case no. 1-10-cv-00652 (W.D. Tex. 2010)
`CQ-1011 HP Journal Online - Home, available at
`http://www.hpl.hp.com/hpjournal/journal.html, accessed July 31,
`2014
`CQ-1012 Affidavit of Clement S. Roberts In Support of Petitioners’ Unopposed
`Motion for Pro Hac Vice Admission
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`
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`Petitioners’ Unopposed Motion for Pro Hac Vice Admission
`
`IPR2014-01463
`Pat. No. 7,934,041
`
`CERTIFICATE OF SERVICE
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that
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`service was made on the Patent Owner as detailed below.
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`Date of service April 3, 2015
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`Manner of service Federal Express
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`Documents served Petitioners’ Unopposed Motion For Pro Hac Vice Admission
`Pursuant To 37 C.F.R. § 42.10(c)
`Petitioner’s Exhibit List of April 3, 2015
`Exhibit CQ-1012
`Persons served Steven R. Sprinkle
`Russell Wong
`John L. Adair
`James Hall
`
`Sprinkle IP Law Group
`ATTN: Crossroads IPR
`1301 W. 25th Street, Suite 408
`Austin, TX 78705
`
`/Andrew S. Ehmke/
`Andrew S. Ehmke
`USPTO Reg. No. 50,271
`Haynes and Boone, LLP
`Counsel for Petitioner
`
`