Paper No.
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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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`_____________________
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`APPLE INC., HTC CORPORATION, AND HTC AMERICA INC.,
`Petitioner,
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`v.
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`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner
`
`_____________________
`
`
`
`Case IPR2016-00923
`Patent No. 5,812,789
`
`_____________________
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10(C)
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
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`
`
`
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`APPLE INC., HTC CORPORATION, AND HTC AMERICA INC.,
`Petitioner,
`
`v.
`
`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner
`
`_____________________
`
`
`
`Case IPR2016-00923
`Patent No. 5,812,789
`
`_____________________
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10(C)
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`Petitioner’s Motion for Pro Hac Vice Admission
`
`IPR2016-00923 (Patent No. 5,812,789)
`Apple Inc. respectfully moves that the Board recognize Mr. Yakov
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`Zolotorev as counsel pro hac vice during this proceeding. Patent Owner does not
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`oppose this Motion.
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`1. Time for Filing
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`This Motion for Pro Hac Vice Admission is being filed no sooner than
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`twenty one (21) days after service of the Petition. See Notice of Filing Date,
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`IPR2016-00923, paper no. 4, at 1.
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`2. Statement of Facts Showing Good Cause for Counsel Pro Hac Vice
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`Petitioner has been authorized to file motions seeking admission pro hac
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`vice under 37 C.F.R. 42.10(c). Id. at 2. Petitioner’s lead and back-up counsel are
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`registered practitioners:
`
`Lead Counsel: Andrew S. Ehmke, USPTO Reg. No. 50,271;
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`Backup Counsel: David W. O’Brien, USPTO Reg. No. 40,107;
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`Michael S. Parsons, USPTO Reg. No. 58,767; and
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`David L. Alberti, USPTO Reg. No. 43,465.
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`The following statement of facts shows that there is good cause for the
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`Board to recognize Mr. Zolotorev pro hac vice on behalf of Petitioner.
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`Mr. Zolotorev is an experienced litigator that has established familiarity with
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`the subject matter at issue in this proceeding from his representation of the
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`Petitioner in Parthenon Unified Memory Architecture LLC v. Apple Inc., Case No.
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`-2-
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2016-00923 (Patent No. 5,812,789)
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`2:15-cv-00621-JRG (E.D. Tex. filed May 1, 2015) (“the co-pending litigation”),
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`where U.S. Patent No. 5,812,789 (“the ’789 patent”) is being asserted against the
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`Petitioner. The co-pending litigation involves the same subject patent, and if
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`admitted, Mr. Zolotorev will be involved in the depositions that occur in this
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`proceeding.
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`Mr. Zolotorev has analyzed prior art references and claim charts in
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`connection with invalidity contentions and has been involved in forming claim
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`construction positions related to the claimed inventions, all of which are relevant to
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`this inter partes review proceeding. Petitioner wishes to apply Mr. Zolotorev’s
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`knowledge of the ’789 patent by employing him as counsel in this proceeding.
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`Admission of Mr. Zolotorev pro hac vice will enable Petitioner to avoid
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`unnecessary expense and duplication of work between this proceeding and the co-
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`pending litigation.
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`Petitioner’s lead and backup counsel are registered practitioners and Mr.
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`Zolotorev is an experienced litigation attorney having familiarity with the subject
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`matter at issue in this proceeding. Therefore, Petitioner respectfully submits that
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`there is good cause for the Board to recognize Mr. Zolotorev as counsel pro hac
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`vice during this proceeding.
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`
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`-3-
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2016-00923 (Patent No. 5,812,789)
`3. Declarations of Individuals Seeking to Appear
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`
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`This Motion for Pro Hac Vice Admission is supported by the Declarations
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`Respectfully submitted,
`
`/Andrew S. Ehmke/
`Andrew S. Ehmke
`Registration No. 50,271
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`
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`
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`of Mr. Zolotorev (Ex. 1042).
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`Dated: January 20, 2017
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`-4-
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2016-00923 (Patent No. 5,812,789)
`PETITIONER’S UPDATED EXHIBIT LIST
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`
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`
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`January 20, 2017
`
`Description
`Exhibit
`Ex. 1001 U.S. Patent No. 5,812,789 (“the ’789 patent”)
`Ex. 1002 File History for U.S. Patent No. 5,812,789
`Ex. 1003 Reserved
`Ex. 1004
`ISO/IEC 11172-2: 1993: Information technology—Coding of moving
`pictures and associated audio for digital storage media at up to about
`1,5 Mbit/s—Part 2: Video, (1st ed. August 1, 1993) (“MPEG
`Standard”)
`Ex. 1005 S. Rathnam et al., “An Architectural Overview of the Programmable
`Multimedia Processor, TM-1,” IEEE Proceedings of COMPCON ’96,
`pp. 319-326 (1996) (“Rathnam”)
`Ex. 1006 R.J. Gove, “The MVP: A Highly-Integrated Video Compression
`Chip,” Proceedings of the IEEE Data Compression Conference (DCC
`’94), pp. 215-224 (March 29-31, 1994)
`Ex. 1007 U.S. Patent No. 5,774,676 (“Stearns”)
`Ex. 1008 Reserved
`Ex. 1009 Reserved
`Ex. 1010 WorldCat Entry for Rathnam
`Ex. 1011 Patent Owner Claim Construction Brief in Case No. 2: 14-cv-690,
`April 7, 2015
`Ex. 1012 Patent Owner Claim Construction Brief in Case No. 2: 14-cv-902, June
`18, 2015
`Ex. 1013 Reserved
`Ex. 1014 Brad Hansen, The Dictionary of Multimedia, 1997
`Ex. 1015 U.S. Patent No. 8,681,164
`Ex. 1016 Excerpt of File History for U.S. Patent No. 8,681,164
`Ex. 1017 Reserved
`Ex. 1018 Reserved
`Ex. 1019 Shanley, et al., “PCI System Architecture,”' Addison-Wesley
`Publishing Company, 1995 (3rd ed.) (“Shanley”)
`-5-
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2016-00923 (Patent No. 5,812,789)
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`Description
`Exhibit
`Ex. 1020 Stone, H., “Microcomputer Interfacing,” Addison-Wesley Publishing
`Company, 1982
`Ex. 1021 Reserved
`Ex. 1022 Reserved
`Ex. 1023 U.S. Patent No. 5,797,028 (“Gulick 028”)
`Ex. 1024
`“Accelerated Graphics Port Interface Specification,” Intel Corporation,
`July 31, 1996 (Revision 1.0) (“AGP”)
`Ex. 1025 VESA Unified Memory Architecture Hardware Specifications
`Proposal, Version 1.0p (“VUMA”)
`Ex. 1026 Reserved
`Ex. 1027 Reserved
`Ex. 1028 Reserved
`Ex. 1029 Curriculum Vitae of Dr. Harold Stone
`Ex. 1030 Expert Declaration of Dr. Harold Stone (“Stone Decl.”)
`Ex. 1031 Reserved
`Ex. 1032 U.S. Patent No. 5,682,484 (“Lambrecht”)
`Ex. 1033 Reserved
`Ex. 1034 Slavenburg, G., “The TriMedia VLIW-Based PCI Multimedia
`Processor,” Microprocessor Forum 1995, Oct. 10-11, 1995
`(“Slavenburg”)
`Ex. 1035 G. Moore, “Cramming more components onto integrated circuits,”
`Electronics, Vol. 38, No. 8, Apr. 19, 1965 (“Moore”)
`Ex. 1036 U.S. Patent No. 5,579,052 (“Artieri”)
`Ex. 1037 Reserved
`Ex. 1038 Reserved
`Ex. 1039 Reserved
`Ex. 1040 Reserved
`Ex. 1041 Declaration of Curt Holbreich in Support of Motion for Pro Hac Vice
`Admission
`Ex. 1042 Declaration of Yakov Zolotorev in Support of Motion for Pro Hac
`Vice Admission
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`-6-
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2016-00923 (Patent No. 5,812,789)
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`CERTIFICATE OF SERVICE
`
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that I
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`caused to be served a true and correct copy of the foregoing “PETITIONER’S
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`MOTION FOR PRO HAC VICE ADMISSION PURSUANT TO 37 C.F.R. §
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`42.10(C)” as detailed below:
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`Date of service January 20, 2017
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`Manner of service Electronic Mail to: manjom@azalaw.com
`aalavi@azalaw.com; sclark@azalaw.com; and
`mmcbride@azalaw.com
`
`Documents served PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION PURSUANT TO 37 C.F.R. § 42.10(C);
`Petitioner’s Updated Exhibit List; and Exhibit 1042
`
`Masood Anjom
`Amir Alavi
`Scott Clark
`Michael McBride
`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI &
`MENSING P.C.
`1221 McKinney, Suite 2500
`Houston, TX 77010
`
`Persons served
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`
`
`/Andrew S. Ehmke/
`Andrew S. Ehmke
`Registration No. 50,271
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`
`
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`-7-
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