`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS LTD.
`Patent Owner.
`
`
`
`
`
` Case IPR2019-00030
` U.S. Patent 9,857,568
`
`
`
`
`
`
`
`COREPHOTONICS LTD.’S UNOPPOSED MOTION FOR THE PRO HAC
`VICE ADMISSION OF MARC A. FENSTER
`
`
`
`
`Patent Owner, Corephotonics, Ltd., hereby requests that the Board recognize
`
`Marc A. Fenster as counsel pro hac vice for this proceeding under 37 C.F.R. §
`
`Case IPR2019-00030
`U.S. Patent 9,857,568
`
`42.10(c).
`
`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 Mr. Fenster pro hac vice.
`
`Mr. Fenster is an experienced patent litigation attorney and has litigated
`
`numerous patent infringement litigation matters before U.S. district courts. Mr.
`
`Fenster has practiced patent litigation since 1995, is a partner at Russ August &
`
`Kabat and co-chair of the Litigation Department and head of the Intellectual Property
`
`Department. U.S. Patent No. 9,857,568 is currently asserted by Patent Owner in
`
`pending litigation, (Corephotonics, Ltd. v. Apple, Inc., consolidated Case Nos. 17-
`
`cv-0647 and 18-2555). Mr. Fenster is the principal attorney responsible for the
`
`representation of Patent Owner in those co-pending litigations. Through his role as
`
`principal attorney in the co-pending litigations, Mr. Fenster has an established
`
`familiarity with the subject matter at issue in this IPR proceeding. Mr. Fenster is
`
`heavily involved with issues such as claim construction 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
`
`
`
`Case IPR2019-00030
`U.S. Patent 9,857,568
`
`significant resources in the co-pending litigation with Mr. Fenster as counsel, and it
`
`wishes to continue using him as counsel in this IPR proceeding.
`
`Patent Owner has executed a Power of Attorney authorizing Mr. Fenster
`
`to serve as backup counsel in this IPR proceeding. (Paper 7.)
`
`II. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`
`This Motion for Pro Hac Vice admission is accompanied by Mr. Fenster’s
`
`declaration (Ex. 2004), attesting to the facts required by the Board in Unified
`
`Patents, Inc. v. Parallel Iron, LLC, No. IPR2013-00639 (P.T.A.B. Oct. 15, 2013)
`
`(Paper 7).
`
`Dated: June 4, 2019
`
`
`
`
`
` 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
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2019-00030
`U.S. Patent 9,857,568
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`
`
`The undersigned hereby certifies that the above document was served on June
`
`4, 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:
`
`Michael S. Parsons
`Andrew S. Ehmke
`Jordan Maucotel
`HAYNES AND BOONE, LLP
`michael.parsons.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`jordan.maucotel.ipr@haynesboone.com
`
`
`Date: June 4, 2019
`
` / Neil A. Rubin /
`
`
`
`
`
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`(310) 826-7474
`
`
`
`Neil A. Rubin
`Reg. No. 67,030
`Attorney for Patent Owner
`
`
`
`
`
`
`
`3
`
`
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