UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`INTEL CORPORATION,
`GLOBALFOUNDRIES U.S., INC., AND
`MICRON TECHNOLOGY, INC.,
`
`
`
`Petitioners
`
`v.
`
`DANIEL L. FLAMM,
`
`Patent Owner
`
`
`
`
`Case IPR No. 2017-00279
`U.S. Patent No. RE40,264 E
`Reissued: April 29, 2008
`Named Inventor: Daniel L. Flamm
`
`Title: MULTI-TEMPERATURE PROCESSING
`
`
`
`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF JARED
`BOBROW PURSUANT TO 37 C.F.R. §42.10
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`INTEL CORPORATION,
`GLOBALFOUNDRIES U.S., INC., AND
`MICRON TECHNOLOGY, INC.,
`
`
`
`Petitioners
`
`v.
`
`DANIEL L. FLAMM,
`
`Patent Owner
`
`
`
`
`Case IPR No. 2017-00279
`U.S. Patent No. RE40,264 E
`Reissued: April 29, 2008
`Named Inventor: Daniel L. Flamm
`
`Title: MULTI-TEMPERATURE PROCESSING
`
`
`
`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF JARED
`BOBROW PURSUANT TO 37 C.F.R. §42.10
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. §42.10, Petitioner Micron Technology, Inc., Intel
`
`Corporation, and GLOBALFOUNDRIES U.S., Inc. (collectively “Petitioners”)
`
`respectfully request that the Board admit Jared Bobrow pro hac vice in this
`
`proceeding.
`
`II.
`
`STATEMENT OF FACTS
`
`Pursuant to 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. For example, where the 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 showing that counsel is an experienced
`litigating attorney and has an established familiarity
`with the subject matter at issue in the proceeding.
`
`
`The facts, supported by the accompanying Affidavit of Jared Bobrow in
`
`Support of Petitioner’s Motion for Admission Pro Hac Vice (”Bobrow
`
`Declaration,” Ex.1023), establish good cause to admit Mr. Bobrow pro hac vice in
`
`this proceeding.
`
`1.
`
`2.
`
`Lead counsel Jonathan McFarland is a registered practitioner.
`
`Backup counsel Tyler Bowen, Daniel Keese, Jeremy Jason Lang, David
`
`Tennant, and Nathan Zhang are all registered practitioners.
`
`
`
`2
`
`
`
`
`
`3.
`
`Jared Bobrow is an experienced litigation attorney. Mr. Bobrow has
`
`been a litigating attorney for more than 28 years. Bobrow Decl. ¶ 1. Mr. Bobrow
`
`has been litigating patent cases for approximately 25 of those years. Id. Mr.
`
`Bobrow is a member in good standing of the California State Bar, with no
`
`suspensions or disbarments from practice, nor any application for admission to
`
`practice denied, nor any sanctions or contempt citations, and is admitted to
`
`practice in the United States Court of Appeals for the Federal Circuit, United
`
`States Court of Appeals for the Ninth Circuit, United States Court of Appeals
`
`for the First Circuit; California State Supreme Court; the United States District
`
`Court for the Eastern District of Texas; and the United States District Courts for
`
`the Central, Eastern, Northern and Southern Districts of California. Id. ¶¶ 1-4.
`
`4. Mr. Bobrow has familiarity with the subject matter at issue in this
`
`proceeding based on his work as counsel in the pending district court case Daniel
`
`L. Flamm v Micron Technology, Inc., Case No. 5:16-cv-01581-BLF (N.D. Cal.), in
`
`which U.S. Patent Nos. 5,711,849, 6,017,221, and RE40,264 are asserted by the
`
`Patent Owner. Id. ¶ 9. Mr. Bobrow has been actively involved in all aspects of the
`
`pending district court case, including the issue of validity of the patents-in-suit.
`
`Id.
`
`5. Mr. Bobrow has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules for Practice for Trials set forth in part 42 of
`
`
`
`3
`
`
`
`
`
`the C.F.R, and he agrees to be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.F.R. §§10.20 et seq., and to disciplinary
`
`jurisdiction under 37 C.F.R. §11.19(a). Id. ¶¶ 5-6.
`
`III. ANALYSIS
`The facts contained in the Statement of Facts above, and contained in the
`
`Bobrow Declaration, establish that there is good cause to admit Mr. Bobrow
`
`pro hac vice in this proceeding under 37 C.F.R. §42.10. Lead counsel and Back-
`
`up Counsel are registered practitioners, Mr. Bobrow is an experienced litigation
`
`attorney, and Mr. Bobrow has an established familiarity with the subject matter
`
`at issue in the proceeding.
`
`IV. CONCLUSION
`For the foregoing reasons, Petitioners respectfully request that the Board
`admit Jared Bobrow pro hac vice in this proceeding.
`
`
`
`
`4
`
`
`
`
`
`Respectfully submitted,
`
`/Jonathan McFarland/
`Lead Counsel
`Jonathan McFarland, Reg. No. 61,109
`
`Back-up Counsel
`Chad Campbell, Pro Hac Vice
`Tyler Bowen, Reg. No. 60,461
`Daniel Keese, Reg. No. 69,315
`Jeremy Jason Lang, Reg. No. 73,604
`Jared Bobrow, Pro Hac Vice
`David M. Tennant, Reg. No. 48,362
`Nathan Zhang, Reg. No. 71,401
`
`Attorneys for Petitioners
`
`5
`
`Dated: January 20, 2017
`
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
`206-359-8000
`
`WEIL, GOTSHAL & MANGES LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`650-802-3237
`
`WHITE & CASE LLP
`701 Thirteenth Street, NW
`Washington, DC 20005-3807
`202-626-3600
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that
`
`service was made on the Patent Owner as detailed below.
`
`Date of Service
`
`January 20, 2017
`
`Manner of Service
`
`FedEx® mail delivery service
`
`Documents Served
`
`Persons Served
`
`Petitioner’s Motion for Admission Pro Hac Vice of
`Jared Bobrow Pursuant to 37 C.F.R. §42.10
`Exhibit 1023 (Affidavit of Jared Bobrow In Support of
`Petitioner’s Motion for Admission Pro Hac Vice)
`
`Patent Owner’s Counsel of Record
`
`Daniel L. Flamm
`476 Green View Drive
`Walnut Creek, CA, 94596
`Additional Addresses Known as Likely to Effect
`Service:
`
`George C. Summerfield
`Rolf O. Stadheim
`Robert M. Spalding
`STANDHEIM & GREAR, LTD.
`400 N. Michigan Avenue, Suite 2200
`Chicago, IL 60611
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Jonathan McFarland/
`Lead Counsel
`Jonathan McFarland, Reg. No. 61,109
`
`Back-up Counsel
`Chad Campbell, Pro Hac Vice
`Tyler Bowen, Reg. No. 60,461
`Daniel Keese, Reg. No. 69,315
`Jeremy Jason Lang, Reg. No. 73,604
`Jared Bobrow, Pro Hac Vice
`David M. Tennant, Reg. No. 48,362
`Nathan Zhang, Reg. No. 71,401
`
`Attorneys for Petitioners
`
`Dated: January 20, 2017
`
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
`206-359-8000
`
`WEIL, GOTSHAL & MANGES LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`650-802-3237
`
`WHITE & CASE LLP
`701 Thirteenth Street, NW
`Washington, DC 20005-3807
`202-626-3600
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