UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`LAM RESEARCH CORP.,
`Petitioner,
`
`v.
`
`DANIEL L. FLAMM,
`Patent Owner.
`___________________
`
`Case IPR2015-01768
`Patent No. RE 40,264 E
`___________________
`
`
`
`LAM RESEARCH CORPORATION’S UNOPPOSED MOTION FOR
`ADMISSION PRO HAC VICE OF MORGAN CHU
`UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`8687712.3 01
`
`
`
`
`
`
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`LAM RESEARCH CORP.,
`Petitioner,
`
`v.
`
`DANIEL L. FLAMM,
`Patent Owner.
`___________________
`
`Case IPR2015-01768
`Patent No. RE 40,264 E
`___________________
`
`
`
`LAM RESEARCH CORPORATION’S UNOPPOSED MOTION FOR
`ADMISSION PRO HAC VICE OF MORGAN CHU
`UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`8687712.3 01
`
`
`
`
`
`
`
`
`Case IPR2015-01768
`Patent No. RE 40,264 E
`
`RELIEF REQUESTED
`
`
`
`I.
`
`Pursuant to 37 C.F.R. § 42.10(c) and the Board’s “Notice of Filing Date
`
`Accorded to the Petition and Time for Filing Patent Owner’s Preliminary
`
`Response” entered August 27, 2015, Paper 3, granting authorization to file motions
`
`for pro hac vice admission under 37 C.F.R. § 42.10(c), Patent Owner Lam
`
`Research Corporation requests that the Board admit Morgan Chu pro hac vice in
`
`this proceeding.
`
`II.
`
`STATEMENT OF FACTS
`
`Pursuant to 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 as the Board may impose. For
`example, where the lead counsel is a registered
`practitioner, a motion to appear pro hac vice by counsel
`who is not a registered practitioner may be granted upon
`showing that counsel is an experienced litigating
`attorney and has an established familiarity with the
`subject matter at issue in the proceeding.
`
`37 C.F.R. § 42.10(c). The facts, supported by the Declaration of Morgan Chu in
`
`Support of Motion for Admission Pro Hac Vice (“Chu Decl.”, Ex. 1016), establish
`
`good cause to admit Morgan Chu pro hac vice in this proceeding.
`
`8687712.3 01
`
`
`- 1 -
`
`
`
`
`
`Case IPR2015-01768
`Patent No. RE 40,264 E
`
`
`1.
`
`Lead counsel Michael R. Fleming is a registered practitioner and is
`
`experienced in inter partes proceedings before the USPTO.
`
`2.
`
`Backup counsel Samuel Lu
`
`is a registered practitioner and
`
`experienced in inter partes proceedings before the USPTO.
`
`3. Morgan Chu is an experienced litigating attorney. Mr. Chu has
`
`extensive experience in patent law and has been litigating patent cases for nearly
`
`forty (40) years. Chu Decl. ¶ 9. Mr. Chu is a member in good standing of the
`
`California State Bar, with no suspensions or disbarments from practice, nor any
`
`application for admission to practice denied, nor any sanctions or contempt
`
`citations. Mr. Chu is also admitted to practice before the United States Supreme
`
`Court, the United States Courts of Appeals for the Federal, Second, Fifth, Ninth,
`
`and Eleventh Circuits, and the United States District Courts for the Central District
`
`of California, Northern District of California, Southern District of California,
`
`Eastern District of California, United States District Court for District of Colorado,
`
`United States District Court for the Western District of Wisconsin, and United
`
`States District Court for the Eastern District of Texas.
`
`4. Mr. Chu has familiarity with the subject matter at issue in this
`
`proceeding.
`
`5. Mr. Chu has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules for Practice for Trials set forth in Title 42 of
`
`8687712.3 01
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`- 2 -
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`
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`
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`Case IPR2015-01768
`Patent No. RE 40,264 E
`
`
`the C.F.R., and he agrees to be subject to the USPTO Code of Professional
`
`Responsibility set forth in 37 C.F.R. §§ 11.101 et seq., and to disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a).
`
`6. Mr. Chu has appeared pro hac vice before the United States Patent
`
`and Trademark Office in IPR2013-00004, IPR2013-00007, IPR2014-00727,
`
`IPR2014-01510, IPR 2014-01511, IPR2014-01513 and IPR2015-01719.
`
`III. ANALYSIS
`The facts contained in the Statement of Facts above, and contained in the
`
`Chu Declaration, establish that there is good cause to admit Morgan Chu pro hac
`
`vice in this proceeding under 37 C.F.R. § 42.10. Lead and backup counsel are
`
`registered practitioners, Mr. Chu is an experienced litigating attorney, and Mr. Chu
`
`has an established familiarity with the subject matter at issue in the proceeding.
`
`IV. NO OPPOSITION TO THIS MOTION
`Petitioner has confirmed with Patent Owner that Petitioner does not oppose
`
`the present motion.
`
`V. CONCLUSION
`For the foregoing reasons, Lam Research Corporation respectfully requests
`
`that the Board admit Morgan Chu pro hac vice in this proceeding.
`
`
`
`
`
`8687712.3 01
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`- 3 -
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`
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`Case IPR2015-01768
`Patent No. RE 40,264 E
`
`
`Dated: May 9, 2016
`
`Respectfully submitted,
`
`By:
`
` /Michael R. Fleming/
` Michael R. Fleming
`
`
`
`Michael R. Fleming (Reg. No. 67,633)
`Samuel Lu (Reg. No. 40,707)
`Morgan Chu (Pro hac vice to be requested)
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`Telephone: (310) 277-1010
`Fax: (310) 203-7199
`Email: LamFlammIPR@irell.com
`Attorneys for Patent Owner,
`Lam Research Corporation
`
`8687712.3 01
`
`
`- 4 -
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`
`
`
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`Case IPR2015-01768
`Patent No. RE 40,264 E
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on May 9, 2016,
`
`a copy of the foregoing document and supporting Declaration (Ex. 1016) were
`
`served, by electronic mail, as agreed to by the parties, upon the following:
`
`Lead Counsel for Petitioner
`DANIEL L. FLAMM
`Christopher Frerking
`chris@ntknet.com
`Registration No. 42,557
`174 Rumford Street
`Concord, New Hampshire 03301
`Telephone: (603) 706-3127
`
`
`
`Back-up Counsel for Petitioner
`DANIEL L. FLAMM
`George C. Summerfield
`summerfield@stadheimgrear.com
`(To be admitted Pro Hac Vice)
`STADHEIM & GREAR, LTD.
`400 N. Michigan Ave., Ste. 2200
`Chicago, Illinois 60611
`Telephone: (312) 755-4400
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Susan M. Langworthy/
` Susan M. Langworthy
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