`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND
`QIOPTIQ PHOTONICS
`GMBH & CO. KG,
`Petitioner,
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`v.
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`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`_____________
`
`Case IPR2015-01375
`Patent 9,048,000
`_____________
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`
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
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`ENERGETIQ TECHNOLOGY, INC.’S MOTION FOR
`PRO HAC VICE ADMISSION OF SAFRAZ W. ISHMAEL
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`I.
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`Statement of Precise Relief Requested
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`Pursuant to 37 C.F.R. § 42.10, Patent Owner Energetiq Technology, Inc.
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`(“Energetiq”) requests that the Board admit Safraz W. Ishmael pro hac vice in this
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`proceeding.
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`II. Good Cause Exists for the Board to Recognize Counsel Pro Hac Vice
`During the Proceeding
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
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`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. More specifically, 37 C.F.R. § 42.10(c) indicates that
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`“where the lead counsel is a registered practitioner, a motion to appear pro hac vice
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`by counsel who is not a registered practitioner may be granted upon showing that
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`counsel is an experienced litigating attorney and has an established familiarity with
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`the subject matter at issue in the proceeding.” The facts here establish good cause
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`for the Board to recognize Safraz W. Ishmael pro hac vice during this proceeding.
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`Lead Counsel, Steven M. Bauer, is a registered practitioner, having USPTO
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`Registration No. 31,481.
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`Counsel, Safraz W. Ishmael, is an experienced patent litigator and has an
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`established familiarity with the subject matter at issue in the proceeding.
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`Accompanying this motion is the Declaration of Safraz W. Ishmael in Support of
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`Motion for Admission Pro Hac Vice (Ex. 2001). Mr. Ishmael is a litigating
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`2
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`attorney with over 12 years of patent litigation experience. Ex. 2001 at ¶ 9-10. He
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`is a member in good standing with the Bar of the Commonwealth of
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`Massachusetts. Id. at ¶ 2. He has never been suspended, disbarred, sanctioned,
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`denied admission to practice, or cited for contempt by any court or administrative
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`body. Id. at ¶ 3-5. Mr. Ishmael is familiar with the subject matter at issue, and his
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`technical experience will aid Energetiq in this proceeding. Id. at ¶ 11. He also
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`satisfies the remaining conditions for admissibility identified by the Board. See Id.
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`at ¶¶ 6-8.
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`III. Conclusion
`For the foregoing reasons, Energetiq respectfully requests that the Board
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`admit Safraz W. Ishmael pro hac vice in this proceeding.
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`Respectfully submitted,
`Proskauer Rose LLP
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`
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`
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`/ Steven M. Bauer /
`
`
`Steven M. Bauer, Reg. No. 31,481
`Attorney for Patent Owner
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`Date: July 9, 2015
`PROSKAUER ROSE LLP
`One International Place
`Boston, Massachusetts 02110
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`3
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`EXHIBIT LIST
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`Exhibit
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`Reference
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`2001
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`Declaration of Safraz W. Ishmael in Support of Motion for
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`Admission Pro Hac Vice
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`1
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 9th day of July, 2015 copies of this Motion for
`Pro Hac Vice Admission of Safraz W. Ishmael, the Declaration of Safraz W.
`Ishmael in Support of Motion for Admission Pro Hac Vice, and Exhibit list are
`being served pursuant to 37 C.F.R. § 42.6 electronically (by consent of the parties)
`on the following email addresses for Petitioner:
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`Don.Steinberg@wilmerhale.com
`David.Cavanaugh@wilmerhale.com
`MichaelH.Smith@wilmerhale.com
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`Respectfully submitted,
`Proskauer Rose LLP
`
`/ Gregory J. Penoyer /
`Gregory J. Penoyer, Reg. No. 67,193
`Attorney for Patent Owner
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`Date: July 9, 2015
`PROSKAUER ROSE LLP
`One International Place
`Boston, Massachusetts 02110
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