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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioner
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`v.
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`IMAGE PROCESSING TECHNOLOGIES, LLC,
`Patent Owner
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`Case IPR2017-00336
`Patent 6,959,293 B2
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`MOTION FOR PRO HAC VICE ADMISSION
`OF MICHAEL N. ZACHARY
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner respectfully requests the pro
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`hac vice admission of Michael N. Zachary as backup counsel for Patent Owner in
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`the current proceedings. A declaration made by Mr. Zachary in support of this
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`motion is attached hereto as Exhibit A.
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`1. Statement of Facts
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`1. Mr. Zachary is a litigation attorney experienced in patent cases, and is
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`admitted to practice law in California, Oregon, and Washington State, as
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`well as the following Federal Courts:
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`U.S. District Court for the Central District of California;
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`U.S. District Court for the Eastern District of California;
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`U.S. District Court for the Northern District of California;
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`U.S. District Court for the Southern District of California;
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`U.S. District Court for the District of Colorado;
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`U.S. District Court for the District of Oregon;
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`U.S. District Court for the Eastern District of Texas;
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`U.S. District Court for the Eastern District of Washington;
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`U.S. District Court for the Western District of Washington.
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`2. Mr. Zachary has not had any application denied for admission to practice,
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`nor has he been sanctioned, cited for contempt, suspended or disbarred
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`from practice, before any court or administrative body.
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`3. Mr. Zachary has an established familiarity with the subject matter at issue
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`in this proceeding, having represented Patent Owner in an Eastern
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`District of Texas court proceeding against Petitioner involving the same
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`technology (Image Processing Technologies, LLC v. Samsung
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`Electronics Co., Ltd., et al., 2:16-cv-00505-JRG).
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`4. Mr. Zachary 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
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`part 42 of the C.F.R.
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`5. Motions for Pro Hac Vice Admission of Mr. Zachary are being
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`concurrently filed in the following additional Inter Partes Review
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`proceedings involving the same parties:
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`a.
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`b.
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`c.
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`d.
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`IPR2017-00347
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`IPR2017-00353
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`IPR2017-00355
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`IPR2017-00357
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`2. Conclusions
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`For the reasons stated above, Patent Owner respectfully submits that there is
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`good cause for the Board to recognize Michael N. Zachary pro hac vice during the
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`/s/ Chris J. Coulson
`Chris J. Coulson (Reg. No. 61,771)
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, New York 1004-1007
`Tel: (212) 425-7200
`Fax: (212) 425-5288
`chriscoulson@andrewskurthkenyon.com
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`Michael Zachary (pro hac vice)
`MichaelZachary@AndrewsKurthKenyon.com
`Mark Chapman (pro hac vice)
`MarkChapman@AndrewsKurthKenyon.com
`Rose Cordero Prey (pro hac vice)
`RosePrey@AndrewsKurthKenyon.com
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`proceeding.
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`Date: March 20, 2017
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on March 20,
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`2017, the foregoing Motion for Pro Hac Vice Admission of Michael N. Zachary is
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`being served via electronic mail upon the following counsel of record for
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`Petitioner:
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`John Kappos (Reg. No. 37,861) jkappos@omm.com
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`Nick Whilt (Reg. No. 72,081) nwhilt@omm.com
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`Brian M. Cook (Reg. No. 59,356) bcook@omm.com
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`IPTSAMSUNGOMM@omm.com
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`/s/ Chris J. Coulson
`Chris J. Coulson
`Registration No. 61,771
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004
`(212) 425-7200
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`Attorney for Patent Owner
`Image Processing Technologies, LLC
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`EXHIBIT A
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`EXHIBIT A
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`I, MICHAEL N. ZACHARY, declare as follows:
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`1. I am a partner at the law firm of Andrews Kurth Kenyon LLP, with offices
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`located at One Broadway, New York, NY 10004, which has been retained
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`by Patent Owner Image Processing Technologies, LLC in this inter partes
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`review. My office is located at 1801 Page Mill Road, Suite 210, Palo Alto,
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`CA 94304, but for convenience, for purposes of this IPR petition I can
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`receive notices and be contacted through our New York office set forth
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`above.
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`2. I make this affidavit in support of the Patent Owner’s application for my
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`admission pro hac vice.
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`3. I am a member in good standing of the Bar in California, Oregon, and
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`Washington State. I am also duly admitted and authorized to practice law
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`before the U.S. District Court for the Central District of California, U.S.
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`District Court for the Eastern District of California, U.S. District Court for
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`the Northern District of California, U.S. District Court for the Southern
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`District of California, U.S. District Court for the District of Colorado, U.S.
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`District Court for the District of Oregon, U.S. District Court for the Eastern
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`District of Texas, U.S. District Court for the Eastern District of Washington,
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`and U.S. District Court for the Western District of Washington.
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`4. I have not had any application denied for admission to practice, nor have I
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`been sanctioned, cited for contempt, suspended or disbarred from practice,
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`before any court or administrative body.
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`5. If admitted pro hac vice in this matter, I will serve as counsel with Chris
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`Coulson, also of the law firm Andrews Kurth Kenyon. Mr. Coulson is lead
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`counsel on this case and is registered to practice in this Court.
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`6. I understand that, upon admission pro hac vice, I will be subject to the
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`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
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`seq. and to disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`7. I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board's Rules of Practice for Trials set forth in part 42 of the C.F.R.
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`8. I hereby agree to notify the Court immediately of any matter affecting my
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`standing at the bar of any other Court.
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`9. I have appeared pro hac vice in the matters Microsoft Corp. v. Bradium
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`Techs. LLC, IPR2015-01432; Microsoft Corp. v. Bradium Techs. LLC,
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`IPR2015-01434; Microsoft Corp. v. Bradium Techs. LLC, IPR2015-01435;
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`Microsoft Corp. v. Bradium Techs. LLC, 2016-00448; Microsoft Corp. v.
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`Bradium Techs. LLC, IPR2016-00449; Microsoft Corp. v. Bradium Techs.
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`LLC, 2016-01897; Prism Pharma Co., Ltd., v. Choongwae Pharma Corp.,
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`IPR2014-00315; Apple Inc., v. Limestone Memory Systems LLC, IPR2016-
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`01561; Apple Inc., v. Limestone Memory Systems LLC, IPR2016-01567. I
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`have not applied to appear pro hac vice in any other matters before the
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`Office in the last three years.
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`10. I have an established familiarity with the subject matter at issue in this
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`proceeding, having represented Patent Owner against petitioner in an
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`Eastern District of Texas court proceeding against Petitioner involving the
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`same technology (Image Processing Technologies, LLC v. Samsung
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`Electronics Co., Ltd., et al., 2:16-cv-00505-JRG).
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`11. Motions for Pro Hac Vice Admission of Mr. Zachary are being concurrently
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`filed in the following related Inter Partes Review proceedings:
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`i. IPR2017-00347
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`ii. IPR2017-00353
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`iii. IPR2017-00355
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`iv. IPR2017-00357
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`12. I hereby respectfully request that the Court grant Patent Owner Image
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`Processing Technologies, LLC’s application to permit me to appear and
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`participate pro hac vice in this case.
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`13. I understand that willful false statements and the like are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. § 1001, and may jeopardize the
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`validity of the application or any patent issuing thereon. I declare under
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`penalty of perjury that the foregoing is true and correct.
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`Executed on March 20, 2017
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`/s/ Michael N. Zachary
`MICHAEL N. ZACHARY
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