`
`Reg. No. 42,557
`
`
`
`
`
`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`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
`U.S. Patent No. RE40,264 E
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF ROBERT M. SPALDING
`
`
`
`
`
`
`
`
`
`Inter Partes Review of U.S. Pat. No. RE40,264 E
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`
`
`
`I.
`
`Relief Requested
`
`Pursuant to 37 C.F.R. § 42.10 and with the Board’s authorization (Paper 3,
`
`dated August 25, 2015), Patent Owner Daniel L. Flamm (Flamm), by its attorney,
`
`respectfully requests admission of Robert M. Spalding pro hac vice in this
`
`proceeding.
`
`II.
`
`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel pro hac vice during the Proceeding
`
`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, subject to the conditions set forth therein, and any
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`others that the Board may impose. Petitioners set forth these facts in support of this
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`motion:
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`1. Lead counsel for Petitioners in this proceeding, Christopher Frerking, is a
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`registered practitioner (Registration No. 42557).
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`2. Mr. Spalding is an experienced litigator and has established familiarity with
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`the subject matter of this proceeding. Accompanying this motion as Ex. 2007,
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`the Declaration of Robert M. Spalding in Support of this Motion for Admission
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`Pro Hac Vice (“Spalding Dec.” Ex. 2007 ¶ 1.)
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`3. Mr. Spalding is a member in good standing of the Bar of Illinois. (Id. ¶ 2.)
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`4. Mr. Spalding has had no suspensions or disbarments from practice before any
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`court or administrative body. (Id. ¶ 3.) In addition, no application for
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`admission to practice before any court or administrative body ever denied and
`
`
`
`Inter Partes Review of U.S. Pat. No. RE40,264 E
`
`
`no sanctions or contempt citations have been imposed on Mr. Spalding by any
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`court or administrative body. (Id.)
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`5. Mr. Spalding has read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37
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`C.F.R. (Id. ¶ 4.)
`
`6. Mr. Spalding agrees to be subject to the United States Patent and Trademark
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`Office Rules of Professional Conduct as set forth in 37 C.F.R. §§ 11.101 et
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`seq., and disciplinary jurisdiction under 37 C.F.R. § 11.19(a). (Id. ¶ 5.)
`
`7. Mr. Spalding has familiarity with the subject matter at issue in the proceeding.
`
`(Id. ¶ 7.) He has reviewed the patent-at-issue as well as the prior art in the
`
`instant proceeding. (Id. ¶ 8.)
`
`III. No Opposition to this Motion
`
`Patent Owner has confirmed with Petitioner that Petitioner does not oppose
`
`
`
`the present motion.
`
`
`
`
`
`Inter Partes Review of U.S. Pat. No. RE40,264 E
`
`
`
`
`III. Conclusion
`
`For the foregoing reasons, Patent Owner respectfully requests that the
`
`Board admit Mr. Spalding pro hac vice in this proceeding.
`
`
`
`Date: July 18, 2016
`
`
`Respectfully Submitted:
`
`By: /Christopher Frerking, reg. no. 42,557/
`Christopher Frerking, reg. no. 42,557
`174 Rumford Street
`Concord, New Hampshire 03301
`Telephone: (603) 706-3127
`Email: chris@ntknet.com
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE: Pursuant to 37 C.F.R. § 42.6(e), the undersigned
`certifies that on July 18, 2016, a complete and entire copy of the forgoing, was
`provided by email to Petitioner’s counsel, Michael Fleming, Samuel K. Lu and
`Kamran Vakili, IRELL & MANELLA LLP, 1800 Avenue of the Stars, Suite 900,
`Los Angeles, California 90067, via email, pursuant to 37 C.F.R. § 42.105, by serving
`the email addresses of record as follows: mfleming@irell.com; slu@irell.com;
`kvakili@irell.com.
`
`
`
`
`
`
`
`
`
`
`
`
`By: /s/ Beata Ichou
` Beata Ichou
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