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`Case No. IPR2017-01406
`U.S. Patent No. 7,673,072
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`INTEL CORP., CAVIUM, INC.,
`WISTRON CORPORATION, and DELL INC.
`Petitioners,
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`v.
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`ALACRITECH, INC.,
`Patent Owner
`________________
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`Case IPR2017-014061
`U.S. Patent No. 7,673,072
`________________
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`UNOPPOSED PATENT OWNER ALACRITECH, INC.'S MOTION FOR
`ADMISSION PRO HAC VICE OF ANTONIO SISTOS
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`1 Cavium, Inc., which filed a Petition in Case IPR2017-01718, Wistron
`Corporation, which filed a Petition in Case IPR2018-00327, and Dell Inc., which
`filed a Petition in Case IPR2018-00371, have been joined as petitioners in this
`proceeding.
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`Case No. IPR2017-01406
`U.S. Patent No. 7,673,072
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`Exhibit List
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`Exhibit Name
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`Declaration of Antonio Sistos in support
`of Alacritech
`Inc.’s Motion
`for
`Admission Pro Hac Vice of Antonio
`Sistos
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`Exhibit #
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`2700
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`Case No. IPR2017-01406
`U.S. Patent No. 7,673,072
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`Patent Owner Alacritech, Inc. (“Alacritech”) respectfully requests that the
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`Board recognize Antonio Sistos, Esq. as pro hac vice counsel for Alacritech in this
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`proceeding. Petitioner has indicated that it does not oppose this motion.
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`I.
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` BACKGROUND
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`Alacritech’s Motion for Pro Hac Vice Admission is being filed pursuant to
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`and in compliance with the Notice of Filing Date Accorded to Petition and Time
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`Period for Filing Patent Owner Preliminary Response, which was filed June 5,
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`2017 (Paper 6) (the “Notice”). The Notice authorizes parties to file motions for
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`pro hac vice admission under 37 C.F.R. § 42.10(c). Further to the Notice, such
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`“motions shall be filed in accordance with the ‘Order– Authorizing Motion for Pro
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`Hac Vice Admission’ in Case IPR2013-00639” (the “Order”).
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`II. TIME OF FILING
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`This Motion for Pro Hac Vice Admission is being filed in accordance with
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`the Notice Authorizing the Filing of a Motion for Pro Hac Vice Admission, and is
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`filed greater than 21 days after that Notice.
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`III. STATEMENT OF FACTS
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`As required by the Order, the following statement of facts, supported by the
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`attached Declaration of Antonio Sistos in Support of Motion for Pro Hac Vice
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`Admission (Ex. 2700), shows that there is good cause for the Patent Trial and
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`Appeal Board (“Board”) to recognize Mr. Sistos pro hac vice in this proceeding.
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`Case No. IPR2017-01406
`U.S. Patent No. 7,673,072
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`As required by 37 C.F.R. § 42.10(c), Alacritech’s lead counsel, James M. Glass, is
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`a registered practitioner experienced in proceedings before the USPTO.
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`Mr. Sistos is an experienced litigation attorney. Mr. Sistos has been
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`litigating cases for more than 13 years, and has been involved in numerous patent
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`litigation cases in federal courts. Mr. Sistos’s experience includes representing a
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`wide range of clients in complex intellectual property and commercial litigation in
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`various Appellate and District Courts. This will be Mr. Sistos’s first appearance
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`pro hac vice before the Board. Mr. Sistos is a member in good standing of the
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`California State Bar, with no suspensions or disbarments from practice, nor any
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`application for admission to practice denied, nor any sanctions or contempt
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`citations. Additionally, Mr. Sistos is admitted to practice in the United States
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`District Court, Northern District of California. His mailing address is: Quinn
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`Emanuel Urquhart & Sullivan LLP, 50 California Street, Floor 22, San Francisco,
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`California 94111. His email address is: antoniosistos@quinnemanuel.com, and his
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`direct dial is: (415) 875-6334.
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`Mr. Sistos has worked with lead counsel in most aspects of his participation
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`in this proceeding. As such, he has reviewed and is very familiar with (i) U.S.
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`Patent No. 7,673,072, the patent at issue in this proceeding, (ii) the prior art relied
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`upon by Petitioner, (iii) the legal and factual arguments made by Petitioner in both
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`its Petition for inter partes review and in the supporting declaration of Dr. Horst
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`Case No. IPR2017-01406
`U.S. Patent No. 7,673,072
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`(Ex. 1003), as well as the legal and factual arguments addressed by Alacritech in
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`its Patent Owner Response; and (iv) the developments and relevant briefs in this
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`proceeding since Petitioner filed its Petition, as well as the developments in related
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`matters before the Board.
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`Mr. Sistos is counsel for Patent Owner Alacritech, Inc. (“Alacritech”), which
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`is the plaintiff in related pending litigations in the United States District Court for
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`the Eastern District of Texas (Alacritech v. Dell, No. 2:16-cv-00695, Alacritech v.
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`Wistron et al., No. 2:16-cv-00692, and Alacritech v. CenturyLink et al., No. 2:16-
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`cv-00693), in which the subject patent of this proceeding, U.S. Patent No.
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`7,673,072, is asserted. Mr. Sistos is familiar with the subject matter at issue in this
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`proceeding as a result of his representation of Alacritech in the related litigation,
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`including the alleged prior art that Petitioner presents in this proceeding, as well as
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`issues of claim construction.
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`Even though Mr. Sistos has not been involved in other proceedings before
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`the Board, he has fully familiarized himself with its established practices.
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`Accordingly, he has established familiarity with the subject matter at issue in these
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`proceedings and the conduct of these proceedings to date.
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`Mr. Sistos has read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules for Practice for Trials set forth in part 42 of 37
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`C.F.R., and he agrees to be subject to the USPTO Rules of Professional Conduct
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`Case No. IPR2017-01406
`U.S. Patent No. 7,673,072
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`set forth in 37 C.F.R. §§ 11.01 et seq., and to disciplinary jurisdiction under 37
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`C.F.R. § 11.19(a).
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`IV. ANALYSIS
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`The facts contained in the Statement of Facts above, and contained in the
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`Sistos Declaration, establish that there is good cause to admit Mr. Sistos pro hac
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`vice in this proceeding under 37 C.F.R. § 42.10(c). Alacritech’s lead counsel is a
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`registered practitioner, Mr. Sistos is an experienced litigating attorney, and Mr.
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`Sistos has an established familiarity with the subject matter at issue in these
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`proceedings.
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`V. CONCLUSION
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`Therefore, Alacritech respectfully submits that there is good cause for the
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`Board to recognize Mr. Sistos as Pro Hac Vice for Alacritech during these
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`proceedings. Alacritech’s Motion for Pro Hac Vice Admission is accompanied by
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`a Declaration of Mr. Sistos (Ex. 2700) as required by the Order.
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`Date: September 5, 2018
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` Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
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`Case No. IPR2017-01406
`U.S. Patent No. 7,673,072
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`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`Case No. IPR2017-01406
`U.S. Patent No. 7,673,072
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that
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`UNOPPOSED PATENT OWNER ALACRITECH, INC.'S MOTION FOR
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`ADMISSION PRO HAC VICE OF ANTONIO SISTOS was served on
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`September 5, 2018 by filing it through the Patent Review Processing System, as
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`well as by e-mailing copies to:
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`Garland T. Stephens (Reg. No. 37,242)
`garland.stephens@weil.com
`intel.alacritech.ipr@weil.com
`WEIL, GOTSHAL & MANGES LLP
`700 LOUISIANA, SUITE 1700
`HOUSTON, TX 77002-2784
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`Anne M. Cappella (Reg. No. 43,217)
`Adrian Percer (Reg. No. 46,986)
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3141
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
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`Patrick McPherson (Reg. No. 46,255)
`David T. Xue
`Karineh Khachatourian
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
`DTXue@duanemorris.com
`karinehk@duanemorris.com
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`Christopher TL Douglas (Reg. No. 56,950)
`Kirk Bradley
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`Case No. IPR2017-01406
`U.S. Patent No. 7,673,072
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`ALSTON & BIRD LLP
`101 South Tryon Street, Suite 4000
`Charlotte, North Carolina 28280
`christopher.douglas@alston.com
`kirk.bradley@alston.com
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`Benjamin E. Weed
`Erik J. Halverson
`K&L GATES LLP
`benjamin.weed.ptab@klgates.com
`erik.halverson@klgates.com
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`Date: September 5, 2018
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`Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`9
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