UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARISTA NETWORKS, INC.,
`Petitioner
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`V°
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`CISCO SYSTEMS, INC.,
`Patent Owner
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`Case IPR2016-00309
`Patent No. 7,224,668
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`PETITIONER ARISTA NETWORKS, INC.'S UNOPPOSED MOTION
`FOR PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
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`Proceeding No." IPR2016-00309
`Attorney Docket" 40963-0006IP3
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`Pursuant to 37 C.F.R. § 42.10(c), the Petitioner ("Arista Networks, Inc." or
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`"Arista") respectfully requests that the Board recognize Matthew Powers as
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`counsel pro hac vice in this proceeding. Petitioner seeks the counsel of Mr.
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`Powers due to his experience in representing clients in patent cases in every major
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`patent venue, including U.S. district courts all over the country, as well as the ITC,
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`and would like Mr. Powers to participate in the trial of this IPR proceeding. Mr.
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`Powers's litigation experience spans a wide variety of technologies. This motion is
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`authorized by the Notice of Filing Date Accorded to Petition and Time for Filing
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`Patent Owner Preliminary Response that was mailed on December 15, 2015.
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`Patent Owner had indicated that it will not oppose this motion.
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`Statement of Facts
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`Mr. Powers is a patent litigation attorney with 34 years of experience
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`representing clients in cases involving computer hardware and software; operating
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`systems and databases; networking; semiconductor devices, processing, and
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`packaging; mobile phones and other consumer electronics; mobile commerce;
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`medical devices; Wi-Fi and location services. Mr. Powers regularly litigates patent
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`cases before the United States Court of Appeals for the Federal Circuit, various
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`federal district courts, and the International Trade Commission. Through his
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`2
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`Proceeding No." IPR2016-00309
`Attorney Docket" 40963-0006IP3
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`practice in such cases, Mr. Powers has gained substantial experience in jury trials,
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`bench trials, discovery, Markman hearings, and appeals. Arista provides Exhibit
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`A, as evidence, Mr. Powers's biography.
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`Mr. Powers also has particular experience and familiarity with the
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`substantive and technical issues involved in this inter partes review proceeding.
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`Mr. Powers has been advising Arista in connection with the concurrent ITC
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`Investigation No. 337-TA-945, instituted on January 20, 2015, in which U.S.
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`Patent No. 7,224,668 has been asserted. He also has reviewed and considered the
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`Petition and supporting exhibits filed by Arista, Patent Owner's Preliminary
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`Response, the Institution Decision, the public version of Patent Owner's Response
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`and supporting public exhibits, U.S. Patent No. 7,224,668, and other material
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`related to these proceedings. Should the present motion be granted, Arista intends
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`for Mr. Powers to participate in the trial of this IPR proceeding.
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`Affidavit of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by an Affidavit of
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`Matthew Powers, as required by the Order Authorizing Motion for Pro Hac Vice
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`mailed December 15, 2015.
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`Accordingly, Arista submits that there is good cause under 3 7 C.F.R. §
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`42.10(c) for the Board to recognize Matthew Powers as counsel pro hac vice
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`3
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`Proceeding No.' IPR2016-00309
`Attorney Docket: 40963-0006IP3
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`Respectfully submitted,
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`Reg. No. 40,584
`Counsel for Petitioner
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`during this proceeding.
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`Date:
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile" (612) 288-9696
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`4
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`EXHIBIT A
`EXHIBIT A
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`Tensegrity Law Group LLP" Profile - Matthew Powers 1/26/17, 1:36 PM
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`MATTHEW POWERS
`Partner
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`Matt Powers is known for taking tough cases to trial and winning them. He tries patent cases, trade secret cases,
`fraud cases, fiduciary duty cases, antitrust cases and contract cases. He has tried patent cases in every major patent
`venue, including U.S. district courts all over the country and the ITC, as well as maintaining a successful appellate
`CONTACT practice at the Federal Circuit Court of Appeals. His litigation experience spans a wide variety of technologies,
`Email: matthew.powers including computer hardware and software; operating systems and databases; networking; semiconductor devices,
`(mailto:matthew.powers@tensegritylawgr°uPc£r6ÿ'ÿssing, and packaging; mobile phones and other consumer electronics; mobile commerce; medical devices; Wi-Fi
`Phone; 650-802-6010
`and location services. Many of the world's leading companies have called on him to lead trial teams in difficult cases,
`and he is often called on to replace another firm's litigation team for trial on very short notice. He has led teams
`winning billion dollar cases for many of the leading companies in the world.
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`555 Twin Dolphin Drive
`Suite 650
`Redwood Shores, CA 94065
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`EDUCATION
`Harvard Law School, J.D. (1982)
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`Northwestern University (1979)
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`Mr. Powers is one the founding partners of the Tensegrity Law Group LLP, a boutique law firm specializing in patent
`litigation trials, and appellate and counseling matters. Many of the patent cases handled by Tensegrity are further
`complicated by trade secret, contract, or other issues. Prior to forming Tensegrity, Mr. Powers was a managing partner
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`at Weil, Gotshal & Manges LLP.
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`Mr. Powers is a Fellow of the American College of Trial Lawyers and of the International Society of Barristers. He is
`continually recognized as a "Star Performer" by Chambers USA and in 2011 he received top rankings in the national,
`local, federal circuit, and ITC categories in Managing Intellectual Property magazine. Managing Intellectual Property
`magazine also named him "Outstanding IP Practitioner of the Year" in 2010. He was named one of Northern
`California's top ten lawyers in 2009 by Super Lawyers. In 2014, Mr. Powers received his 1 lth consecutive recognition
`by Super Lawyers. Commentators in Chambers USA 2010 noted that he is" universally recognized as a star in the
`field" because of "his impressive trial work." Chambers USA 2009 notes that clients lauded him as a "mesmerizing trial
`lawyer" whose peers claim he "continues to soar," and emphasize his "unmistakable star quality." Mr. Powers was
`distinguished as a "Leading Lawyer" by Legal 500 US 2009 and described by clients as "a litigator you don't want to
`argue against in court." He was singled out by Chambers USA 2008 as "king of the jungle...a master trial litigator and
`a genius when it comes to patents.., fantastically clever and exceptionally talented." Chambers USA 2007 also
`recognized him as a "Star Performer" - the only patent litigator in the country so recognized - calling him "genuinely
`feared as a courtroom opponent" and "a dominant force in the market." In 2007, The American Lawyer described Mr.
`Powers as a "bona fide litigation superstar." The National Law Journal named him one of the top ten litigators in the
`country in 2006, and in 2005 he was named "Trial Lawyer of the Year" by the Santa Clara County Trial Lawyers
`Association. He was also named a "Father of the Year" for 2004 by the Father's Day Council of San Francisco.
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`Mr. Powers is a frequent lecturer nationally and internationally on intellectual property litigation issues.
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`ADMISSIONS AND QUALIFICATIONS
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`• 1982, California
`• United States Supreme Court
`• United States Court of Appeals
`• United States Court of Appeals
`• United States Court of Appeals
`° United States District Court for
`° United States District Court for
`• United States District Court for
`• United States District Court for
`° United States District Court for
`• United States District Court for
`• United States District Court for
`• United States District Court for
`• United States District Court for
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`for the Federal Circuit
`for the 2nd Circuit
`for the 9th Circuit
`the Northern District of California
`the Central District of California
`the Eastern District of California
`the Southern District of California
`the Eastern District of Texas
`the Western District of Texas
`the Northern District of Indiana
`the Eastern District of Michigan
`the Western District of Wisconsin
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`http://tensegritylawgroup.com/profiles/powers.html
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`Page 1 of 1
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`@2015 I ellen.hart@tensegritylawgroup.com
`(mailto:ellen.hart@tensegritylawgroup.com) I650-802-6000
`555 Twin Dolphin Dr., Suite 650 I Redwood Shores, CA 94065
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on January
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`27, 2017, a complete and entire copy of this Petitioner’s Motion for Pro Hac Vice
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`Admission and its supporting exhibit were provided via email to the Petitioner by
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`serving the correspondence email address of record as follows:
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`Jon E. Wright
`Robert Greene Sterne
`Lori A. Gordon
`Daniel S. Block
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue, NW
`Washington, DC 20005
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`Email: jwright-PTAB@skgf.com
`Email: rsterne-PTAB@skgf.com
`Email: lgordon-PTAB@skgf.com
`Email: dblock-PTAB@skgf.com
`Email: ptab@skgf.com
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`/Edward G. Faeth/
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`Edward G. Faeth
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(202) 626-6420
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`