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DOCKET NO.: 0107131-00351US3
`Filed on behalf of Intel Corporation
`By: Grant K. Rowan, Reg. No. 41,278
`Yung-Hoon Ha, Reg. No. 56,368
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: Grant.Rowan@wilmerhale.com
`
` Yung-Hoon.Ha@wilmerhale.com
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`
`
`
`INTEL CORPORATION
`Petitioner
`
`v.
`
`DSS Technology Management, Inc.
`Patent Owner
`
`Case IPR2016-00287
`
`
`
`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF
`MICHAEL J. SUMMERSGILL
`
`

`
`Case No. IPR2016-00287
`Petitioner’s Motion for Admission Pro Hac Vice of Michael J. Summersgill
`
`
`Statement of Precise Relief Requested
`
`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 4 authorizing the parties to
`
`
`I.
`
`
`
`file motions for pro hac vice admission under 37 C.F.R. § 42.10(c), Petitioner
`
`requests that the Patent Trial and Appeal Board (the “Board”) admit Michael J.
`
`Summersgill pro hac vice in this proceeding, IPR2016-00287.
`
`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
`
`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. Section 42.10(c) indicates that “where 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 a showing that counsel is an
`
`experienced litigating attorney and has an established familiarity with the subject
`
`matter at issue in the proceeding.” The facts here establish good cause for the
`
`Board to recognize Michael J. Summersgill pro hac vice in this proceeding.
`
`
`
`1.
`
`Lead counsel, Grant Rowan, is a registered practitioner. Backup
`
`counsel, Yung-Hoon Ha, is also a registered practitioner.
`
`
`
`2. Counsel, Michael J. Summersgill, is an experienced litigator and has
`
`an established familiarity with the subject matter at issue in the proceeding.
`
`1
`
`

`
`Case No. IPR2016-00287
`Petitioner’s Motion for Admission Pro Hac Vice of Michael J. Summersgill
`
`
`
`Accompanying this motion as Exhibit 1026 is the March 22, 2016 Declaration of
`
`Michael J. Summersgill in Support of this Motion for Admission Pro Hac Vice
`
`(“Summersgill Decl.”). In his declaration, Mr. Summersgill asserts:
`
`I am a member in good standing of the Bar of the Commonwealth of
`Massachusetts, and am admitted to practice before the Massachusetts
`Supreme Judicial Court, the United States Courts of Appeal for the
`First, Second, Ninth, and Federal Circuits, and the United States
`District Court for the District of Massachusetts.
`
`Summersgill Decl. ¶ 3 (Ex. 1026). Mr. Summersgill also asserts:
`
`I am familiar with the subject matter at issue in this proceeding. I
`participated in the drafting of the Petition filed in this proceeding, and
`I have reviewed the papers filed in this proceeding. I have
`represented Intel Corporation in multiple patent-related matters,
`including the following United States District Court cases: DSS Tech.
`Mgmt., Inc. v. Intel Corp. et al., 6:15-CV-130-JRG (E.D. Tex.), which
`is related to and involves the same patent at issue in this proceeding;
`Memory Integrity, LLC v. Intel Corp., No. 3:15-cv-00262-SI (D. Or.);
`X2Y Attenuators, LLC v. Intel Corp.et al., 1:11-cv-00117-CB (W.D.
`Penn.); and X2Y Attenuators, LLC v. Intel Corp.et al., 1:11-cv-00218-
`CB (W.D. Penn.); and the following United States International Trade
`Commission case: Certain Microprocessors, Components Thereof,
`and Products Containing Same, Inv. No. 337-TA-781 (USITC).
`Summersgill Decl. ¶¶ 11-12 (Ex. 1026).
`
`2
`
`

`
`Case No. IPR2016-00287
`Petitioner’s Motion for Admission Pro Hac Vice of Michael J. Summersgill
`
`
`
`In his declaration, Mr. Summersgill also attests to each of the
`3.
`
`listed items required by the “Order – Authorizing Motion for Pro Hac Vice
`Admission” in Case IPR2013-00639, Paper 7. See Summersgill Decl. ¶¶1-
`12 (Ex. 1026).
`
`III. Conclusion
`
`
`
`For the foregoing reasons, Petitioners respectfully request that the Board
`
`admit Michael J. Summersgill pro hac vice in this proceeding.
`
`Respectfully Submitted,
`
`/Grant K. Rowan/
`
`_____________________
`
`Grant K. Rowan, Reg. No. 41,278
`Yung-Hoon Ha, Reg. No. 56,368
`Wilmer Cutler Pickering Hale & Dorr
`LLP
`
`
`
`
`
`
`
`
`
`
`Dated: March 25, 2016
`
`
`
`
`
`3
`
`

`
`Case No. IPR2016-00287
`Petitioner’s Motion for Admission Pro Hac Vice of Michael J. Summersgill
`
`
`List of Exhibits for U.S. Patent No. 6,784,552 Petition for Inter Partes Review
`
`
`
`
`
`Exhibit
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`Description
`
`U.S. Patent No. 6,784,552
`
`Declaration of John A. Bravman, Ph.D.
`
`U.S. Patent No. 4,686,000 (“Heath”)
`
`European Patent Publ. No. 592078 (“Hawley”)
`
`U.S. Patent No. 5,541,427 (“Chappell”)
`
`U.S. Patent No. 5,338,700 (“Dennison”)
`
`U.S. Patent No. 6,066,555
`
`DSS’s Infringement Contentions, July 30, 2015, Ex. B
`
`U.S. Patent No. 5,374,836 (“Vinal”)
`
`J. Dulak et al., Etch mechanism in the reactive ion etching of silicon
`nitride, Journal of Vacuum Science & Technology A 9, 775 (1991)
`(“Dulak”)
`
`’555 Decl. Under Rule 131, Feb. 25, 1999
`
`U.S. Patent No. 5,053,351
`
`Application, Mar. 31, 2000
`
`Prelim. Amendment, Mar. 31, 2000
`
`Office Action, June 1, 2001
`
`Amendment, Oct. 1, 2001
`
`Office Action, Jan. 9, 2002
`
`Amendment, May. 20, 2002
`
`i
`
`

`
`
`
`Case No. IPR2016-00287
`Petitioner’s Motion for Admission Pro Hac Vice of Michael J. Summersgill
`
`
`1019
`
`1020
`
`1021
`
`1022
`
`1023
`
`1024
`
`1025
`
`1026
`
`1027
`
`Office Action, Sept. 11, 2002
`
`Request for Reconsideration, Mar. 4, 2003
`
`Office Action, May 20, 2003
`
`Amendment, Feb. 6, 2004
`
`Corrected Amendment, Mar. 31, 2004
`
`Allowance, Apr. 20, 2004
`
`Compilation of Claim Construction Deadlines and Filings in DSS
`Tech. Mgm’t, Inc. v. Intel Corp. et al., 6:15-cv-00130-RWS (E.D.
`Tex.)
`
`Declaration Of Michael J. Summersgill In Support Of Motion For
`Admission Pro Hac Vice
`
`Declaration Of Louis W. Tompros In Support Of Motion For
`Admission Pro Hac Vice
`
`ii
`
`

`
`Case No. IPR2016-00287
`Petitioner’s Motion for Admission Pro Hac Vice of Michael J. Summersgill
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on March 25, 2016, I caused a true and correct copy of
`the foregoing materials:
`
`• Petitioner’s Motion for Admission Pro Hac Vice of Michael J.
`Summersgill
`• Exhibit 1026
`• List of Exhibits (Ex. 1001-1027)
`
`
`
`to be served via electronic mail on the following lead and backup counsel:
`
`Lead Counsel Andriy Lytvyn, Reg. No. 65,166
`SMITH & HOPEN, P.A.
`180 Pine Avenue North
`Oldsmar, FL 34677
`Tel: 813-925-8505
`Fax: 800-726-1491
`Email: andriy.lytvyn@smithhopen.com
`
`
`
`
`
`Back-Up Counsel Anton J. Hopen, Reg. No. 41,849
` SMITH & HOPEN, P.A.
` 180 Pine Avenue North
` Oldsmar, FL 34677
` Tel: 813-925-8505
` Fax: 800-726-1491
` Email: anton.hopen@smithhopen.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`Case No. IPR2016-00287
`Petitioner’s Motion for Admission Pro Hac Vice of Michael J. Summersgill
`
`
`Back-Up Counsel Nicholas Pfeifer, Reg. No. 70,568
` SMITH & HOPEN, P.A.
` 180 Pine Avenue North
` Oldsmar, FL 34677
` Tel: 813-925-8505
` Fax: 800-726-1491
` Email: nicholas.pfeifer@smithhopen.com
`
`
`
`
`
`/Yung-Hoon Ha/
`Yung-Hoon Ha
`Registration No. 56,368

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