`
`____________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`MICRON TECHNOLOGY, INC., AND MICRON MEMORY JAPAN, INC.,
`Petitioners
`
`v.
`
`MASSACHUSETTS INSTITUTE OF TECHNOLOGY
`Patent Owner
`____________________
`
`Case: IPR2015-01087
`U.S. Patent No. 6,057,221
`____________________
`
`AFFIDAVIT OF ROSE CORDERO PREY IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`Submitted Electronically via the Patent Review Processing System
`
`
`
`
`
`
`
`
`1.
`
`I, Rose Cordero Prey, am more than twenty-one years of age, am
`
`competent to present this affidavit, and have personal knowledge of the facts set
`
`forth herein.
`
`2.
`
`This affidavit is given in support of the Motion by Petitioners Micron
`
`Technology, Inc. (“Micron”) and Micron Memory Japan, Inc. (“Micron Memory
`
`Japan”) for Pro Hac Vice Admission of Rose Cordero Prey.
`
`3.
`
`4.
`
`I am a partner at the law firm of Kenyon & Kenyon LLP.
`
`I am an experienced litigation attorney, and have been litigating patent
`
`cases for 10 years. I have experience litigating patent infringement cases in many
`
`district courts and before the U.S. International Trade Commission. I have been
`
`counsel at trial, hearings, and with respect to patent-related summary judgment
`
`proceedings and other patent-related hearings and pleadings concerning, inter alia,
`
`patent validity, claim construction, and infringement issues.
`
`5.
`
`I received a Bachelor’s of Science degree in Mathematics in 2001 and
`
`have several years of experience litigating patents specifically directed to
`
`semiconductor devices (and fabrication thereof), including for clients Micron,
`
`Elpida Memory, Inc. (“Elpida”), and Sony Corporation.
`
`6.
`
`I am trial counsel for Petitioners Micron and Micron Memory Japan in
`
`co-pending district court litigation against the Patent Owner, MIT v. Micron Tech.,
`
`1
`
`
`
`
`
`
`Inc. et al., Civil Action No. 1:15-cv-10374, filed on February 12, 2015, in the U.S.
`
`District Court for the District of Massachusetts, which involves the same patent at
`
`issue in this proceeding (U.S. Patent No. 6,057,221 or the “’221 patent”).
`
`7.
`
`I have been actively involved in all aspects of the aforementioned district
`
`court litigation, including Petitioners’ on-going factual investigation and
`
`development of their non-infringement, invalidity and unenforceability positions
`
`regarding the claims of the ’221 patent, and have consequently gained in-depth
`
`familiarity with the subject matter at issue in this proceeding.
`
`8.
`
`In 2011, I began representing Elpida, which has been succeeded by
`
`Petitioner Micron Memory Japan, in patent-related matters, and, in 2013, I
`
`represented Elpida in licensing negotiations with Patent Owner Massachusetts
`
`Institute of Technology (“MIT”) relating to the ’221 patent.
`
`9.
`
`Through this representation, I acquired specific familiarity with the
`
`claims of the ’221 patent that are the subject matter of this proceeding.
`
`10.
`
`I have stayed up-to-date regarding the documents filed and actions taken
`
`to date in the present matter, Case No. IPR2015-01087, and have carefully
`
`reviewed Petitioners’ petition.
`
`11.
`
`I am a member in good standing of the State Bar of New York, as well as
`
`the following Federal Courts:
`
`2
`
`
`
`
`
`
`
`
` United States District Court for the Eastern District of New York
` United States District Court for the Southern District of New York
`United States Court of Appeals for the Federal Circuit
`
`12.
`
`I have never been suspended or disbarred from practice before any court
`
`or administrative body.
`
`13.
`
`I have never made an application for admission to practice before any
`
`court or administrative body that has been denied.
`
`14. No sanctions or contempt citations have been imposed against me by any
`
`court or administrative body.
`
`15.
`
`I have 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 Title 37 of the
`
`Code of Federal Regulations.
`
`16.
`
`I understand that I will be subject to the USPTO Rules of Professional
`
`Conduct as set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a).
`
`17.
`
`I have not applied to appear pro hac vice in any proceedings before the
`
`United States Patent and Trademark Office in the last three (3) years.
`
`18.
`
`I declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to
`
`be true, and further that these statements were made with the knowledge that
`
`3
`
`
`
`
`
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`
`
`Executed on June 9, 2015.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Rose Cordero Prey
`
`
`
`4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
