Filed on behalf of Innovative Display Technologies LLC
`By:
`Justin B. Kimble (JKimble-IPR@bcpc-law.com)
`
`Jeffrey R. Bragalone (jbragalone@bcpc-law.com)
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`Tel: 214.785.6670
`Fax: 214.786.6680
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`K.J. PRETECH CO., LTD.,
`Petitioner,
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`v.
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`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner.
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`
`
`Case IPR2015-01867
`U.S. Patent No. 7,537,370
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`
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`PRO HAC VICE MOTION TO ADMIT ATTORNEY
`T. WILLIAM KENNEDY PURSUANT TO 37 C.F.R. § 42.10(c)
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`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`
`
`By:
`Justin B. Kimble (JKimble-IPR@bcpc-law.com)
`
`Jeffrey R. Bragalone (jbragalone@bcpc-law.com)
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`Tel: 214.785.6670
`Fax: 214.786.6680
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`K.J. PRETECH CO., LTD.,
`Petitioner,
`
`v.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner.
`
`
`
`Case IPR2015-01867
`U.S. Patent No. 7,537,370
`
`
`
`PRO HAC VICE MOTION TO ADMIT ATTORNEY
`T. WILLIAM KENNEDY PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`
`
`
`Case IPR2015-01867
`Patent 7,537,370
`
`
`
`Patent Owner Innovative Display Technologies LLC (“IDT”) hereby files this
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`motion pursuant to 37 C.F.R. § 42.10(c) for T. William Kennedy to appear pro hac
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`vice on its behalf before the Patent Trial and Appeal Board in IPR2015-01867. This
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`motion follows the guidelines set forth in IPR2013-00639, Paper 7, entered October
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`15, 2013.
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`
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`This motion is filed concurrently with nearly identical motions in IPR2015-
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`01866 and -01868, all of which are set for oral argument together on January 10,
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`2017.
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`A. Lead Counsel is a Registered Practitioner.
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`IDT has already designated a registered practitioner, Justin B. Kimble (reg.
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`no. 58,591) as lead counsel, and IDT has also designated T. William Kennedy as its
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`back-up counsel, pending the Board granting this motion.
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`B. There is Good Cause for the Board to Recognize T. William Kennedy
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`pro hac vice during this proceeding.
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`Mr. Kennedy is a patent litigator with over ten years’ experience, including
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`significant experience in the area of patent validity. In the many patent litigations in
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`which he has been counsel, he was worked extensively on issues relating to 35
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`U.S.C. §§ 102, 103, and 112 challenges to patent validity including things such as
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`working closely with experts on validity and invalidity reports, preparing invalidity
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`arguments for trial, developing invalidity and validity arguments, and reviewing and
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`Case IPR2015-01867
`Patent 7,537,370
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`analyzing numerous prosecution histories and prior art references. Mr. Kennedy has
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`also spent significant time learning the procedure of inter partes review since its
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`inception.
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`Mr. Kennedy currently represents the Patent Owner Innovative Display
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`Technologies LLC, in its assertion of the patent at issue in this proceeding and its
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`related patents in numerous cases resolved in the Eastern District of Texas and
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`pending in the District of Delaware. See, e.g., Delaware Display Group LLC et al.
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`v. LG Electronics, Inc. et al., No. 1:13-cv-02109 (D. Del., filed Dec. 31, 2013); see
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`also Delaware Display Group LLC et al. v. VIZIO Inc., et al., No. 1:13-cv-02112
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`(D. Del., filed Dec. 31, 2013). As counsel in those actions, Mr. Kennedy has become
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`very familiar with the subject matter at issue in this proceeding, i.e., light emitting
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`panel assemblies. Moreover, during the course of those lawsuits, Mr. Kennedy has
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`analyzed the prior art involved in this petition as it relates to the patent-at-issue as
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`well as its related patents, all of which concern light emitting panel assemblies.
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`Furthermore, in those lawsuits Mr. Kennedy has developed infringement allegations
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`that assert the patent-at-issue in this petition against various light emitting panel
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`assemblies, including those found in smart phones, tablets, laptop computers, and
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`televisions to name a few. In his role as counsel in those litigations, Mr. Kennedy
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`has spent significant time learning the technology involved in light emitting panel
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`assemblies such as those found in the patent-at-issue in this proceeding.
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`Case IPR2015-01867
`Patent 7,537,370
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`As of this date, there are 60 total IPRs covering the patent-at-issue and its
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`related patents. Mr. Kennedy has reviewed and analyzed each of those matters.
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`C. Mr. Kennedy has Submitted Herewith a Declaration1 Attesting the
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`Following Facts.
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`1. Mr. Kennedy is a member in good standing of the Texas State Bar.
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`2. Mr. Kennedy has never been subject to any suspensions or disbarments
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`from practice before any court or administrative body.
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`3.
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`None of Mr. Kennedy’s applications for admission to practice before
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`any court or administrative body has ever been denied.
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`4. Mr. Kennedy has never been sanctioned nor had contempt citations
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`imposed by any court or administrative body.
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`5. Mr. Kennedy has read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in
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`part 42 of 37 C.F.R.
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`6. Mr. Kennedy will be subject to the USPTO Rules of Professional
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`Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a).
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`7.
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`During the past three years, Mr. Kennedy has applied to appear pro hac
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`vice before the PTAB in nine other proceedings, three of which have
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`1 See Declaration of T. William Kennedy, attached hereto as Exhibit 2009.
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`4
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`Case IPR2015-01867
`Patent 7,537,370
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`been granted, two of which involved IPRs that were joined with those
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`for which Mr. Kennedy’s pro hac vice motion had been already granted,
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`and the remainder of which remain pending. All nine of the pro hac
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`vice motions involve the same or related patents as this proceeding and
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`also involve the same or similar subject matter:
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`i. IPR2014-01096 (granted);
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`ii. IPR2014-01097 (pending);
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`iii. IPR2014-01362 (pending);
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`iv. IPR2015-00487 (granted);
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`v. IPR2015-00506 (granted);
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`vi. IPR2015-01666 (joined with IPR2015-00506 above);
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`vii. IPR2015-01717 (joined with IPR2015-00487 above);
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`viii. IPR2015-01866 (pending, filed concurrently herewith); and
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`ix. IPR2015-01868 (pending, filed concurrently herewith).
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`Mr. Kennedy has not applied to appear pro hac vice in any other
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`proceeding before the PTAB.
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`8. Mr. Kennedy has familiarity with the subject matter at issue in the
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`proceeding as set forth in Section B above.
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`5
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`Case IPR2015-01867
`Patent 7,537,370
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`Dated: December 15, 2015 Respectfully submitted,
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`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that this document has been served via
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`electronic mail on December 15, 2016, to Petitioner at the email addresses:
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`rpluta@mayerbrown.com, bpaul@mayerbrown.com, astreff@mayerbrown.com,
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`and alam@mayerbrown.com, ssiddiqui@mayerbrown.com, with a courtesy copy to
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`PretechIPR@mayerbrown.com, pursuant to Petitioner’s consent.
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`_____________________________
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
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`6
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