`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS LTD.
`Patent Owner.
`
`
`
`
`
` Case IPR2018-01133
` U.S. Patent 9,538,152 B2
`
`
`
`
`
`
`
`COREPHOTONICS LTD.’S MOTION FOR THE PRO HAC VICE ADMISSION
`OF MARC A. FENSTER AND BAHRAD A. SOKHANSANJ
`
`
`
`
`Case IPR2018-01133
`U.S. Patent 9,538,152 B2
`
`Patent Owner, Corephotonics, Ltd., hereby requests that the Board recognize
`
`Marc A. Fenster and Bahrad A. Sokhansanj as counsel pro hac vice for this
`
`proceeding under 37 C.F.R. § 42.10(c). Counsel for Apple has indicated that Apple
`
`does not oppose this motion.
`
`I.
`
`STATEMENT OF FACTS
`
`As required by § 42.10(c), the following statement of facts demonstrates that
`
`there is good cause for the Board to recognize Messrs. Fenster and Sokhansanj pro
`
`hac vice.
`
`Messrs. Fenster and Sokhansanj are both experienced patent litigation
`
`attorneys. Mr. Fenster has practiced patent litigation since 1995, and Mr. Sokhansanj
`
`since 2012. Mr. Fenster is a partner at Russ August & Kabat and co-chair of the
`
`Litigation Department and head of the Intellectual Property Department. Both have
`
`experience litigating numerous patent infringement litigation matters before U.S.
`
`district courts. U.S. Patent No. 9,538,152 B2 is currently asserted by Patent Owner
`
`in pending litigation, (Corephotonics, Ltd. v. Apple, Inc., consolidated Case Nos.
`
`17-cv-0647 and 18-2555). Messrs. Fenster and Sokhansanj are the principal
`
`attorneys responsible for the representation of Patent Owner in those co-pending
`
`litigations. Through their roles as principal attorneys in the co-pending litigations,
`
`both attorneys have an established familiarity with the subject matter at issue in this
`
`IPR proceeding. Both are heavily involved with issues such as claim construction
`
`
`
`Case IPR2018-01133
`U.S. Patent 9,538,152 B2
`
`and Patent Owner’s responses to Petitioner’s invalidity defenses in that litigation,
`
`many of which overlap with the grounds presented in this IPR proceeding. Patent
`
`Owner has expended significant resources in the co-pending litigation with Messrs.
`
`Fenster and Sokhansanj as counsel, and it wishes to continue using them as counsel
`
`in this IPR proceeding.
`
`Patent Owner has executed a Power of Attorney authorizing Messrs. Fenster
`
`and Sokhansanj to serve as backup counsel in this IPR proceeding. (Paper 7.)
`
`II. DECLARATION OF INDIVIDUALS SEEKING TO APPEAR
`
`This Motion for Pro Hac Vice admission is accompanied by declarations of
`
`Mr. Fenster (Ex. 2001) and Mr. Sokhansanj (Ex. 2002), attesting to the facts required
`
`by the Board in Unified Patents, Inc. v. Parallel Iron, LLC, No. IPR2013-00639
`
` Respectfully submitted,
`
` / Neil A. Rubin /
`Neil A. Rubin
`Reg. No. 67,030
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`nrubin@raklaw.com
`
`(P.T.A.B. Oct. 15, 2013) (Paper 7).
`
`Dated: January 17, 2019
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2018-01133
`U.S. Patent 9,538,152 B2
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`
`
`The undersigned hereby certifies that the above document was served on
`
`January 17, 2019, by filing this document through the Patent Review Processing
`
`System as well as delivering a copy via electronic mail upon the following attorneys
`
`of record for the Petitioner:
`
`David W. O’Brien
`Andrew S. Ehmke
`Hong Shi
`HAYNES AND BOONE, LLP
`david.obrien.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`hong.shi.ipr@haynesboone.com
`
`
`Date: January 17, 2019
`
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`(310) 826-7474
`
`
`
` / Neil A. Rubin /
`
`
`
`
`
`Neil A. Rubin
`Reg. No. 67,030
`Attorney for Patent Owner
`
`
`
`
`
`
`
`3
`
`
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