IPR20l6-00976
`
`Patent 6,775,235 B2
`
`Andy H. Chan, Reg. No. 56,893
`Charles F. Koch, Reg. No. 58,669
`Pepper Hamilton LLP
`333 Twin Dolphin Drive
`Suite 400
`
`Redwood City, CA 94065
`(650) 802-3602 (telephone)
`(650) 802-3650 (facsimile)
`chana@pepper1aw.com
`kochc@pepperlaw.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TALARI NETWORKS, INC.,
`
`Petitioner,
`
`V.
`
`FATPIPE NETWORKS INDIA LIMITED,
`Patent Owner.
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`Case No. IPR2016-00976
`
`Patent 6,775,235 B2
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`MOTION FOR PRO HAC VYCE ADMISSION OF THOMAS F.
`
`FITZPATRICK UNDER 37 C.R.F. § 42.10(c)
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`

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`IPR20l6-00976
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`Patent 6,775,235 B2
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`Pursuant to 37 C.F.R. § 42.l0(c), Petitioner respectfully requests the pro hac
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`vice admission of Mr. Thomas F. Fitzpatrick as backup counsel for Petitioner in the
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`current proceedings. An affidavit made by Mr. Fitzpatrick in support of this
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`motion is attached hereto as Exhibit A. This motion is not opposed.
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`The Request Is Timely
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`As stated in the Patent Trial and Appeal Board’s (“Board”) May 3, 2016
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`Notice of Filing Date Accorded to Petition And Time For Filing Patent Owner
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`Preliminary Response, any motion for pro hac vice admission must be filed in
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`accordance with the guidance specified in Case IPR2013-00639, Paper 7 (“PHV
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`Admission Order”). According to that guidance, pro hac vice motions can be filed
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`no sooner than (21) days after service of the Petition. This pro hac vice motion is
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`being filed no sooner than twenty one (21) days after service of the Petition and is
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`therefore timely.
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`Statement of Facts
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`As required by the PHV Admission Order, the following statement of facts
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`shows that there is good cause for the Board to recognize Mr. Fitzpatrick pro hac
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`vice. An affidavit by Mr. Fitzpatrick containing the required statements and
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`information is submitted herewith in Exhibit A.
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`

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`IPR20l6-00976
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`Patent 6,775,235 B2
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`The lead counsel for Petitioner Talari Networks, Inc. in these proceedings,
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`Andy H. Chan, is a registered practitioner holding Registration No. 56,893.
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`Mr. Fitzpatrick is a partner with Pepper Hamilton LLP. Mr. Fitzpatrick is an
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`experienced litigation attorney and has been involved in numerous litigations
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`involving patent infringement in district courts across the country. He has
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`experience in jury and bench trials, Markman hearings, and Federal Circuit oral
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`arguments in patent infringement litigation matters. Mr. Fitzpatrick has not had
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`any application denied for admission to practice, nor has he been sanctioned, cited
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`for contempt, suspended or disbarred from practice, before any court or
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`administrative body.
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`U.S. Patent No. 6,775,235 is currently asserted against Petitioner Talari
`
`Networks, Inc. in a co-pending litigation, FatPz'pe, Inc. v. Talari Networks, Inc.,
`
`No. 5:16-cv-00054-BO (EDNC 2016) (“the co-pending litigation”). The co-
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`pending litigation is currently stayed pending this inter partes review proceeding.
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`Mr. Fitzpatrick is advising Talari Networks, Inc. in the co-pending litigation and,
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`as such, has an established familiarity with the subject matter at issue in this
`
`proceeding.
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`Mr. Fitzpatrick represents that he has reviewed and analyzed the patent at
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`issue in this proceeding, the Petition and accompanying exhibits filed in this
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`

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`IPR20l6—OO976
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`Patent 6,775,235 B2
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`proceeding. In the co-pending litigation, Mr. Fitzpatrick reviewed prior art
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`references and claim charts for invalidity contentions and was involved in forming
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`claim construction positions, all of which are relied on in the petition requesting
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`inter partes review of U.S. Patent 6,775,235. Moreover, Petitioner has expended
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`significant financial resources in the co-pending litigation with Mr. Fitzpatrick
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`advising them, and Petitioner wishes to continue using Mr. Fitzpatrick as counsel
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`in this proceeding.
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`Mr. Fitzpatrick 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 part 42 of
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`the C.F.R.
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`Mr. Fitzpatrick is also applying for pro hac vice admission in Case IPR20l6-
`
`00977, in a concurrently filed motion, which involves a patent related to the patent
`
`at issue in the instant proceeding. Mr. Fitzpatrick has not applied to appear pro
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`hac vice before the Office in any other proceeding in the last three (3) years.
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`Counsel for Patent Owner does not oppose Mr. Fitzpatrick appearing pro
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`hac vice during this proceeding.
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`Therefore, Petitioner respectfully submits that there is good cause for the
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`Board to recognize Mr. Fitzpatrick as counsel pro hac vice during this proceeding.
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`

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`IPR2016-00976
`
`Patent 6,775,235 B2
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`Dated: January 11, 2017
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`Respectfully submitted,
`
`By:
`
`/Andy!-I. Chan/
`
`Andy H. Chan, Reg. No. 56,893
`Charles F. Koch, Reg. No. 58,669
`Pepper Hamilton LLP
`333 Twin Dolphin Drive
`Suite 400
`
`Redwood City, CA 94065
`(650) 802-3600 (telephone)
`(650) 802-3650 (facsimile)
`
`#392l3735 vl
`
`Attorneys for Petitioner
`
`

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`IPR2016-0
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`Patent 6,775,23
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`EXHIBIT A
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`

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`IPR2016-00976
`
`Patent 6,775,235 B2
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`AFFIDAVIT OF THOMAS F. FITZPATRICK IN SUPPORT OF
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`MOTION FOR PRO HAC VICE ADMISSION
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`I, THOMAS F. FITZPATRICK, declare as follows:
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`1.
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`I am a partner at the law firm of Pepper Hamilton LLP, with offices
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`located at 333 Twin Dolphin Drive, Suite 400, Redwood City,
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`California 94065, which has been retained by Petitioner Talari
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`Networks, Inc. in this inter partes review.
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`2.
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`I make this declaration in support of the Petitioner’s motion for my
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`admission pro hac vice.
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`3.
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`I am over 18 years of age, and I make this declaration based on my
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`own knowledge.
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`4.
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`I am a member in good standing of the Bar of California, as well as
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`the following federal courts:
`
`a)
`
`b)
`
`c)
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`U.S. Court of Appeals for the Federal Circuit (2005);
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`U.S. Court of Appeals for the Ninth Circuit (1998);
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`U.S. District Court for the Northern District of California
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`(1998);
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`d)
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`U.S. District Court for the Central District of California (1997);
`
`

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`IPR2016-00976
`
`Patent 6,775,235 B2
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`e)
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`U.S. District Court for the Southern District of California
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`(1997);
`
`f)
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`g)
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`U.S. District Court for the Eastern District of California (1997);
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`U.S. District Court for the Eastern District of Texas (2007).
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`I have not been suspended or disbarred from practice before any court
`
`or administrative body.
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`I have never had an application for admission to practice before any
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`court or administrative body denied.
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`No sanction or contempt citation has been imposed against me by any
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`court or administrative body.
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`I have 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 the C.F.R.
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`I will be subject to the USPTO Code of Professional Responsibility
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`set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction
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`under 37 C.F.R. §l1.19(a).
`
`10.
`
`I am also applying for pro hac vice admission in Case IPR2016-
`
`OO977, in a concurrently filed motion, which involves a patent related
`
`to the patent at issue in the instant proceeding. I have not applied to
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`

`
`IPR2016-00976
`
`Patent 6,775,235 B2
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`appear pro hac vice before the Office in any other proceeding in the
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`last three (3) years.
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`11.
`
`I am familiar with the subject matter at issue in this proceeding having
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`reviewed and analyzed the patent at issue in this proceeding, the
`
`Petition and accompanying exhibits filed in this proceeding and
`
`having advised Talari Networks, Inc. in co-pending litigation,
`
`FatPz'pe, Inc. v. Talari Networks, Inc., No. 5:16-cv—0OO54-BO (EDNC
`
`2016) (“the co-pending litigation”). In the co-pending litigation, I
`
`reviewed prior art references and claim charts for invalidity
`
`contentions and was involved in forming claim construction positions,
`
`all of which are relied on in the petition requesting inter partes review
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`of U.S. Patent 6,775,235.
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`12.
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`I hereby respectfully request that the Board grant Petitioner Talari
`
`Networks, Inc.’s motion to permit me to appear and participate pro
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`hac vice in this proceeding.
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`

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`IPR2016—0O976
`
`Patent 6,775,235 B2
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`13.
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`I understand that willful false statements and the like are punishable
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`by fine or imprisonment, or both, under 18 U.S.C. § 1001.
`
`I declare
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`under penalty of perjury that the foregoing is true and correct.
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`Dated:
`
`‘[071 I
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`3}
`
`
`
`Thomas F. Fitzpatrick
`Pepper Hamilton LLP
`333 Twin Dolphin Drive
`Suite 400
`
`Redwood City, CA 94065
`(650) 802-3600 (telephone)
`(650) 802-3650 (facsimile)
`
`

`
`CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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`CIVIL CODE § 1189
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`document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
`
`A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
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`State of California
`County of 56”‘ lmako
`before me,
`on fwuyggfi Q, 910 l/I
`personally appeared
`‘WTDI/Yl6L§
`
`Date
`
`)
`)
`
`DUU/!I3()l’\l/if, N0‘}fl.l/3
`if! Jl$‘2CL’lVl 0&-
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`Name(s) of Signer(s)
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`Here Insert Name and Title 0 he Officer
`
`CL
`
`’
`
`who proved to me on the basis of satisfactory evidence to be the personte)-whose name(s} is/aa=e-
`subscribed to the within instrument and acknowledged to me that helehelthey. executed the same in
`hisfherftheir authorized Capacity(ies), and that by his/henltheir signature(s) on the instrument the person(s),
`or the entity upon behalf of which the person(s) acted, executed the instrument.
`
`
`
`SHERI DARBONNE
`,f§,';‘,';“::';’,','c"_'
`San mm county
`comm. is
`as my 25. 2017
`
`A
`
`I certify under PENALTY OF PERJURY under the laws
`of the State of California that the foregoing paragraph
`is true and correct.
`WITNESS my hand and official seal.
`_
`ac/5,707/L
`
`Signature
`
`Signature of Notary Public
`
`Place Notary Seal Above
`
`OPTIONAL
`
`Though this section is optional, completing this information can deter alteration of the document or
`fraudulent reattachment of this form to an unintended document.
`
`Description of Attached Document
`
`Title or Type of Document:
`Number of Pages:
`
`Document Date:
`Signer(s) Other Than Named Above:
`
`Capacity(ies) Claimed by Signer(s)
`Signer’s Name:
`Corporate Officer — Tit|e(s):
`Partner — D Limited
`General
`
`Signer’s Name:
`_ Corporate Officer — Tit|e(s):
`_ Partner —
`Limited D General
`
`I Individual
`Trustee
`_ Other:
`
`E Attorney in Fact
`E Guardian or Conservator
`
`_ Individual
`El Trustee
`l: Other:
`
`E Attorney in Fact
`Guardian or Conservator
`
`Signer ls Representing:
`
`Signer ls Representing:
`
`5'.‘5/6‘8/4‘,4‘5/4\~:/,6‘€14‘ ,’\5/’.\-3,/'5‘.6‘-‘/4‘,4\~°_/,4‘.4‘87'.‘,4‘3/4‘U4‘-‘/’o‘-‘/’.‘.6‘,4%://‘.4‘.6‘,4‘,4‘.-6‘3/’o‘8/’oi~1,/’&~Z’.‘,’.§-1,/’.‘,4‘€/’.\-:,/’.‘ 9/4‘9/4‘.6‘9/4‘,’o‘,4‘9/4‘5/4‘,4‘
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`

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`IPR2016-00976
`
`Patent 6,775,235 B2
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 11th day of January, 2017, a true and correct
`
`copy of the foregoing Motion for Pro Hac Vice Admission and a copy of the
`
`Affidavit of Thomas F. Fitzpatrick in Support of Motion for Pro Hac Vice
`
`Admission were served on the following counsel for Patent Owners via email:
`
`Robert C. Mattson
`
`Thomas C. Yebernetsky
`Oblon LLP
`
`1940 Duke Street
`
`Alexandria, VA 22314
`
`cpdocketmattson@oblon.com
`cpdocketyebernetsky@oblon.com
`
`Dated: January 11, 2017
`
`By:
`
`/Ana’yH. Chan/
`
`Andy H. Chan, Reg. No. 56,893
`Charles F. Koch, Reg. No. 58,669
`Pepper Hamilton LLP
`333 Twin Dolphin Drive
`Suite 400
`
`Redwood City, CA 94065
`(650) 802-3600 (telephone)
`(650) 802-3650 (facsimile)
`
`Attorneys for Petitioner