`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 IPR2015-01868
`U.S. Patent No. 7,434,974
`
`
`
`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 IPR2015-01868
`Patent 7,434,974
`
`
`
`Patent Owner Innovative Display Technologies LLC (“IDT”) hereby files this
`
`motion pursuant to 37 C.F.R. § 42.10(c) for T. William Kennedy to appear pro hac
`
`vice on its behalf before the Patent Trial and Appeal Board in IPR2015-01868. This
`
`motion follows the guidelines set forth in IPR2013-00639, Paper 7, entered October
`
`15, 2013.
`
`
`
`This motion is filed concurrently with nearly identical motions in IPR2015-
`
`01866 and -01867, all of which are set for oral argument together on January 10,
`
`2017.
`
`A. Lead Counsel is a Registered Practitioner.
`
`IDT has already designated a registered practitioner, Justin B. Kimble (reg.
`
`no. 58,591) as lead counsel, and IDT has also designated T. William Kennedy as its
`
`back-up counsel, pending the Board granting this motion.
`
`B. There is Good Cause for the Board to Recognize T. William Kennedy
`
`pro hac vice during this proceeding.
`
`Mr. Kennedy is a patent litigator with over ten years’ experience, including
`
`significant experience in the area of patent validity. In the many patent litigations in
`
`which he has been counsel, he was worked extensively on issues relating to 35
`
`U.S.C. §§ 102, 103, and 112 challenges to patent validity including things such as
`
`working closely with experts on validity and invalidity reports, preparing invalidity
`
`arguments for trial, developing invalidity and validity arguments, and reviewing and
`
`
`
`2
`
`
`
`Case IPR2015-01868
`Patent 7,434,974
`
`analyzing numerous prosecution histories and prior art references. Mr. Kennedy has
`
`also spent significant time learning the procedure of inter partes review since its
`
`inception.
`
`Mr. Kennedy currently represents the Patent Owner Innovative Display
`
`Technologies LLC, in its assertion of the patent at issue in this proceeding and its
`
`related patents in numerous cases resolved in the Eastern District of Texas and
`
`pending in the District of Delaware. See, e.g., Delaware Display Group LLC et al.
`
`v. LG Electronics, Inc. et al., No. 1:13-cv-02109 (D. Del., filed Dec. 31, 2013); see
`
`also Delaware Display Group LLC et al. v. VIZIO Inc., et al., No. 1:13-cv-02112
`
`(D. Del., filed Dec. 31, 2013). As counsel in those actions, Mr. Kennedy has become
`
`very familiar with the subject matter at issue in this proceeding, i.e., light emitting
`
`panel assemblies. Moreover, during the course of those lawsuits, Mr. Kennedy has
`
`analyzed the prior art involved in this petition as it relates to the patent-at-issue as
`
`well as its related patents, all of which concern light emitting panel assemblies.
`
`Furthermore, in those lawsuits Mr. Kennedy has developed infringement allegations
`
`that assert the patent-at-issue in this petition against various light emitting panel
`
`assemblies, including those found in smart phones, tablets, laptop computers, and
`
`televisions to name a few. In his role as counsel in those litigations, Mr. Kennedy
`
`has spent significant time learning the technology involved in light emitting panel
`
`assemblies such as those found in the patent-at-issue in this proceeding.
`
`
`
`3
`
`
`
`Case IPR2015-01868
`Patent 7,434,974
`
`As of this date, there are 60 total IPRs covering the patent-at-issue and its
`
`related patents. Mr. Kennedy has reviewed and analyzed each of those matters.
`
`C. Mr. Kennedy has Submitted Herewith a Declaration1 Attesting the
`
`Following Facts.
`
`1. Mr. Kennedy is a member in good standing of the Texas State Bar.
`
`2. Mr. Kennedy has never been subject to any suspensions or disbarments
`
`from practice before any court or administrative body.
`
`3.
`
`None of Mr. Kennedy’s applications for admission to practice before
`
`any court or administrative body has ever been denied.
`
`4. Mr. Kennedy has never been sanctioned nor had contempt citations
`
`imposed by any court or administrative body.
`
`5. Mr. Kennedy has 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 37 C.F.R.
`
`6. Mr. Kennedy will be subject to the USPTO Rules of Professional
`
`Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a).
`
`7.
`
`During the past three years, Mr. Kennedy has applied to appear pro hac
`
`vice before the PTAB in nine other proceedings, three of which have
`
`
`1 See Declaration of T. William Kennedy, attached hereto as Exhibit 2010.
`
`
`
`4
`
`
`
`Case IPR2015-01868
`Patent 7,434,974
`
`been granted, two of which involved IPRs that were joined with those
`
`for which Mr. Kennedy’s pro hac vice motion had been already granted,
`
`and the remainder of which remain pending. All nine of the pro hac
`
`vice motions involve the same or related parties as this proceeding and
`
`also involve the same or similar subject matter:
`
`i. IPR2014-01096 (granted);
`
`ii. IPR2014-01097 (pending);
`
`iii. IPR2014-01362 (pending);
`
`iv. IPR2015-00487 (granted);
`
`v. IPR2015-00506 (granted);
`
`vi. IPR2015-01666 (joined with IPR2015-00506 above);
`
`vii. IPR2015-01717 (joined with IPR2015-00487 above);
`
`viii. IPR2015-01866 (pending, filed concurrently herewith); and
`
`ix. IPR2015-01867 (pending, filed concurrently herewith).
`
`Mr. Kennedy has not applied to appear pro hac vice in any other
`
`proceeding before the PTAB.
`
`8. Mr. Kennedy has familiarity with the subject matter at issue in the
`
`proceeding as set forth in Section B above.
`
`5
`
`
`
`
`
`
`
`Case IPR2015-01868
`Patent 7,434,974
`
`Dated: December 15, 2015 Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this document has been served via
`
`
`
`
`
`
`
`electronic mail on December 15, 2016, to Petitioner at the email addresses:
`
`rpluta@mayerbrown.com, bpaul@mayerbrown.com, astreff@mayerbrown.com,
`
`and
`
`alam@mayerbrown.com,
`
`with
`
`a
`
`courtesy
`
`copy
`
`to
`
`PretechIPR@mayerbrown.com, pursuant to Petitioner’s consent.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_____________________________
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy P.C.
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`
`
`
`6
`
`
`
`
`
`
`
`