`______________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________
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`HTC CORPORATION and HTC AMERICA, INC.,
`Petitioners,
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`v.
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`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner.
`______________________________
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`Case IPR No.: IPR2017-00512
`Patent 5,812,789
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`PATENT OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF AMIR ALAVI UNDER 37 C.F.R. § 42.10(c)
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`I.
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`STATEMENT OF THE PRECISE RELIEF REQUESTED
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`Pursuant to the Board’s “Notice of Filing Date Accorded to Petition and Time
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`for Filing Patent Owner Preliminary Response,” dated February 3, 2017 (Paper No.
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`4), authorizing the parties to file motions for pro hac vice admission under 37 C.F.R.
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`§ 42.10(c), Patent Owner Parthenon Unified Memory Architecture LLC, respectfully
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`requests that the Board allow Amir Alavi to appear pro hac vice on its behalf in this
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`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 has demonstrated good cause to admit Mr. Alavi
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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. Alavi 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 Board
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`to recognize Mr. Alavi pro hac vice; and is being filed concurrently with Exhibit
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`2001, the Declaration of Amir Alavi in Support of Patent Owner’s Unopposed
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`Motion for Pro Hac Vice Admission of Amir Alavi Under 37 C.F.R.§ 42.10(c)
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`(“Alavi Decl.”), all in accordance with the “Order Authorizing Motion for Pro Hac
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`Vice Admission” in Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639,
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`2
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`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 counsel
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`pro hac vice during a proceeding upon a showing of good cause, subject to
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`the condition that lead counsel be a registered practitioner and to any other
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`conditions as the Board may impose. For example, where the lead counsel is
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`a registered practitioner, a motion to appear pro hac vice by counsel who is
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`not a registered practitioner may be granted upon showing that counsel is an
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`experienced litigating attorney and has an established familiarity with the
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`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 Alavi Decl., Mr. Alavi is an experienced litigating
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`attorney, and has been involved 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. Alavi’s biography is
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`attached hereto as Exhibit 2001.
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`4.
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`U.S. Patent No. 5,812,789 (“the ‘789 Patent”) is currently asserted in
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`co-pending litigations in the U.S. District Court for the Eastern District of
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`3
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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 (E.D.
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`Tex.) filed June 12, 2014; and against Petitioner Apple, Inc.; Parthenon
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`Unified Memory Architecture LLC v. Apple, Inc., No. 2:15-cv-00621-JRG-
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`RSP (E.D. Tex) filed May 1, 2015. Mr. Alavi is counsel for Parthenon Unified
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`Memory Architecture, LLC in the co-pending litigation and, as such, has an
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`established familiarity with the subject matter at issue in this proceeding. In
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`the co-pending litigation Mr. Alavi argued the Markman hearings, reviewed
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`prior art references and claim charts for invalidity contentions, and was
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`heavily involved in forming claim construction positions and drafting claim
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`construction briefs, all of which are relied upon in the petition requesting inter
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`parties review of U.S. Patent No. 5,812,789. Patent Owner has expended
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`significant financial resources in the co-pending litigations with Mr. Alavi as
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`counsel, and Patent Owner wishes to continue using Mr. Alavi as counsel in
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`this proceeding. Additionally, Mr. Alavi has thoroughly reviewed the Petition
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`and accompanying Exhibits submitted in this proceeding. (Id.).
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`5. Mr. Alavi has attested to each of the requirements set forth in paragraph
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`2(b)(i)-(viii) of the “Order Authorizing Motion for Pro Hac Vice Admission”
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`in Case IPR2013-00639, Paper 7 at 3. (Alavi Decl., ¶¶ 2-9)
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`4
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`IV. CONCLUSION
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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 Amir Alavi to appear pro hac vice on its behalf in this proceeding.
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`Respectfully Submitted,
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`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: March 1, 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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`CERTIFICATE OF SERVICE
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`I hereby certify that Patent Owner’s Unopposed Motion for Pro Hac Vice
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`Admission of Amir Alavi Under 37 C.F.R.§ 42.10(c) was served on March 1, 2017,
`by electronic mail to the following:
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`Lead Counsel for HTC Corp. and HTC
`America, Inc.
`Joseph A. Micallef
`Registration No. 39,772
`SIDLEY AUSTIN LLP
`1501 K Street NW
`Washington, DC 2005
`jmicallef@sidley.com
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`Back-up Counsel for HTC Corp. and HTC
`America, Inc.
`Stephen M. Everett
`Registration No. 30,050
`SIDLEY AUSTIN LLP
`555 California Street
`Suite 200
`San Francisco, CA 94104
`stephen.everett@sidley.com
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`Samuel A. Dillon
`Registration No. 65,197
`SIDLEY AUSTIN LLP
`1501 K Street NW
`Washington, DC 2005
`samuel.dillon@sidley.com
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`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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`
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`Dated: March 1, 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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