UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`APPLE INC.,
`Petitioner,
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`v.
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`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner.
`____________
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`Case IPR2016-01114
`Patent 7,777,753
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`
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`PATENT OWNER’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`JUSTIN CHEN UNDER 37 C.F.R.§ 42.10(c)
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`APPLE INC.,
`Petitioner,
`
`v.
`
`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01114
`Patent 7,777,753
`
`
`
`PATENT OWNER’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF
`JUSTIN CHEN UNDER 37 C.F.R.§ 42.10(c)
`
`
`
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`I. STATEMENT OF THE PRECISE RELIEF REQUESTED
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`Case IPR2016-01114
`Patent No. 7,777,753
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`Pursuant to the Board’s “Notice of Filing Date Accorded to Petition and
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`Time for Filing Patent Owner Preliminary Response,” dated June 7, 2016 (Paper
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`No. 3), authorizing the parties to file motions for pro hac vice admission under 37
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`C.F.R. § 42.10(c), Patent Owner Parthenon Unified Memory Architecture LLC,
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`respectfully requests that the Board allow Justin Chen to appear pro hac vice on its
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`behalf in this proceeding. Petitioner consents to this motion.
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`II. REASONS THE REQUESTED RELIEF SHOULD BE GRANTED
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`As set forth in the Statement of Material Facts below, and as required by 37
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`C.F. R. § 42.10(c), Patent Owner had demonstrated good cause to admit Mr. Chen
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`pro hac vice in this proceeding. In particular, Patent Owner’s lead counsel is a
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`registered practitioner, and Mr. Chen is an experienced litigating attorney having an
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`established familiarity with the subject matter at issue in this proceeding.
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`Furthermore, this motion is being filed more than twenty one days after
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`service of the petition; includes a statement of facts showing good cause for the
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`Board to recognize Mr. Chen pro hac vice; and is being filed concurrently with
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`Exhibit 2008, the Declaration of Justin Chen in Support of Patent Owner’s
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`Unopposed Motion for Pro Hac Vice Admission of Justin Chen Under 37 C.F.R.§
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`42.10(c) (“Chen Decl.”), all in accordance with the “Order Authorizing Motion for
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`2
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`Pro Hac Vice Admission” in Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-
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`Case IPR2016-01114
`Patent No. 7,777,753
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`00639, Paper 7 at 3 (P.T.A. B. Oct. 15, 2013).
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`III. STATEMENT OF MATERIAL FACTS
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`1.
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` 37 C.F. R. § 42.10(c) provides that “[t]he Board may recognize
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`counsel pro hac vice during a proceeding upon a showing of good cause,
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`subject to the condition that lead counsel be a registered practitioner and to
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`any other conditions as the Board may impose. For example, where the lead
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`counsel is a registered practitioner, a motion to appear pro hac vice by
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`counsel who is not a registered practitioner may be granted upon showing
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`that counsel is an experienced litigating attorney and has an established
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`familiarity with the subject matter at the issue in the proceeding.”
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`2. Masood Anjom, lead counsel for Patent Owner Parthenon Unified
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`Memory Architecture LLC in this proceeding, is a registered practitioner
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`holding Registration No. 62,167.
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`3.
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`As set forth in the Chen Decl., Mr. Chen is an experienced litigating
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`attorney, and has been invoiced in numerous litigations involving patent
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`infringement in District Courts across the country. He has experience in
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`Markman hearings in patent infringement matters. Mr. Chen’s biography is
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`attached hereto as Exhibit 2008.
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`3
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`Case IPR2016-01114
`Patent No. 7,777,753
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`U.S. Patent No. 7,777,753 (“the ‘753 Patent”) is currently asserted in
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`4.
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`co-pending litigations in the U.S. District Court for the Eastern District of
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`Texas against HTC Corporation and HTC America, Inc.: Parthenon Unified
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`Memory Architecture LLC v. HTC Corp. et al., No. 2:14-cv-00690-RSP
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`(E.D. Tex.) filed June 12, 2014; and against Petitioner Apple, Inc.:
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`Parthenon Unified Memory Architecture LLC v. Apple, Inc., No. 2:15-cv-
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`00621-JRG-RSP (E.D. Tex) filed May 1, 2015. Mr. Chen is counsel for
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`Parthenon Unified Memory Architecture, LLC in the co-pending litigation
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`and, as such, has an established familiarity with the subject matter at issue in
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`this proceeding. In the co-pending litigation Mr. Chen argued the Markman
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`hearings, reviewed prior art references and claim charts for invalidity
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`contentions, and was heavily involved in forming claim construction
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`positions and drafting claim construction briefs, all of which are relied upon
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`in the petition requesting inter parties review of U.S. Patent No. 7,777,753.
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`Patent Owner has expended significant financial resources in the co-pending
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`litigations with Mr. Chen as counsel, and Patent Owner wishes to continue
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`using Mr. Chen as counsel in this proceeding. Additionally, Mr. Chen has
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`thoroughly reviewed the Petition and accompanying Exhibits submitted in
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`this proceeding. (Id.).
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`4
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`Case IPR2016-01114
`Patent No. 7,777,753
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`5. Mr. Chen has attested to each of the requirements set forth in
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`paragraph 2(b)(i)-(viii) of the “Order Authorizing Motion for Pro Hac Vice
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`Admission” in Case IPR2013-00639, Paper 7 at 3. (Chen Decl., ¶¶ 2-9)
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`IV. CONCLUSION
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`
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`In view of the foregoing, Patent Owner respectfully submits that the
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`requirements of 37 C.F.R. § 42.10(c) have been satisfied, and requests an Order
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`permitting Justin Chen to appear pro hac vice on its behalf in this proceeding.
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`Respectfully Submitted,
`By: /s/ Masood Anjom
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`Masood Anjom
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`Reg. No. 62,167
`Attorney for Patent Owner
`Parthenon Unified Memory
`Architecture, LLC
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`Dated: February 17, 2017
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`AHMAD, ZAVITSANOS, ANAIPAKOS,
`ALAVI &MENSING, P.C.
`1221 McKinney Street, Suite 2500
`Houston, TX 77010
`Telephone: 713-655-1101
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`5
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`Case IPR2016-01114
`Patent No. 7,777,753
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`CERTIFICATE OF SERVICE
`I hereby certify that Patent Owner’s Amended Unopposed Motion for Pro
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`Hac Vice Admission of Justin Chen Under 37 C.F.R.§ 42.10(c) was served on
`February 17, 2017, by electronic mail to the following:
`Lead Counsel for Apple Inc.
`Back-up Counsel for Apple Inc.
`Andrew S. Ehmke, Reg. No. 50,271
`David W. O’Brien, Reg. No. 40,107
`Michael S. Parsons, Reg. No. 58,767
`HAYNES AND BOONE, LLP
`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`2323 Victory Avenue, Suite 700
`Dallas, TX 75219
`Dallas, TX 75219
`Email: andy.ehmke.ipr@haynesboone.com
`david.obrien.ipr@haynesboone.com
`michael.parsons.ipr@haynesboone.com
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`David L. Alberti, Reg. No. 43,465
`dalberti@feinday.com
`Yakov Zolotorev
`yzolotorev@feinday.com
`FEINBERG DAY ALBERTI &
`THOMPSON LLP
`1600 El Camino Real, Suite 280
`Menlo Park, CA 94025
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`Dated: February 17, 2017
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`By: /s/ Masood Anjom
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`Masood Anjom
`
`Reg. No. 62,167
`Attorney for Patent Owner
`Parthenon Unified Memory
`Architecture, LLC
`
`
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`AHMAD, ZAVITSANOS, ANAIPAKOS,
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`ALAVI &MENSING, P.C.
`
`1221 McKinney Street, Suite 2500
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`Houston, TX 77010
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`Telephone: 713-655-1101
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`6
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