UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ADVANCED MICRO DEVICES, INC.
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`Petitioner
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`v.
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`AQUILA INNOVATIONS INC.
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`Patent Owner
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`Case IPR2019-01526
`Patent 6,895,519
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`MOTION FOR PRO HAC VICE ADMISSION OF ROBERT E. FREITAS
`PURSUANT TO 37 C.F.R. § 42.10
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ADVANCED MICRO DEVICES, INC.
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`Petitioner
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`v.
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`AQUILA INNOVATIONS INC.
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`Patent Owner
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`Case IPR2019-01526
`Patent 6,895,519
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`MOTION FOR PRO HAC VICE ADMISSION OF ROBERT E. FREITAS
`PURSUANT TO 37 C.F.R. § 42.10
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`Pursuant to 37 C.F.R. § 42.10 and in response to the authorization provided
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`by the United States Patent and Trademark Office’s Patent Trial and Appeal Board
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`(“Board”) in the Notice of Filing Date Accorded to Petition (Paper No. 5, entered
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`September 25, 2019, and Paper No. 4, entered September 19, 2019) Patent Owner
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`Aquila Innovations Inc. (“Patent Owner”) submits this motion for Mr. Freitas to
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`appear pro hac vice.
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`I.
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`Time for Filing
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`Pursuant to the Notice of Filing Date Accorded to Petition (Paper No. 5,
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`entered September 25, 2019, and Paper No. 4, entered September 19, 2019), this
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`motion for pro hac vice admission is being filed no sooner than twenty-one (21)
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`days after service of the petition.
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`II.
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`Statement of Facts
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`The following statement of facts, supported by the attached Declaration of
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`Robert E. Freitas, shows that there is good cause for the Board to recognize Mr.
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`Freitas pro hac vice. Lead counsel for this proceeding, Jing H. Cherng, is a
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`registered practitioner (Reg. No. 68,144). Mr. Freitas is an experienced litigation
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`attorney, and has served as counsel in numerous patent infringement cases in
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`various district courts and the International Trade Commission. Mr. Freitas has not
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`been suspended or disbarred from practice, and he has not had any application for
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`admission to practice denied, or had any sanctions or contempt citations imposed
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`against him. Mr. Freitas is an active member in good standing of the California Bar
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`and is admitted to practice before the Supreme Court of the United States, the
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`California Supreme Court, the United States Court of Federal Claims, the United
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`States Courts of Appeals for the Federal Circuit, Fifth Circuit, Ninth Circuit, and
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`Tenth Circuit, and various United States district courts and the International Trade.
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`His mailing address is Freitas & Weinberg LLP, 350 Marine Parkway, Suite 200,
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`Redwood Shores, California 94065, his email address is rfreitas@fawlaw.com, and
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`his direct dial telephone number is (650) 730-5527.
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`Mr. Freitas is lead counsel for Patent Owner in Aquila Innovations Inc. v.
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`Advanced Micro Devices, Inc., No. 1:18-cv-0554-LY, co-pending litigation in the
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`United States District Court for the Western District of Texas, Austin Division.
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`That litigation involves U.S. Patent 6,895,519 (“’519 patent”), the patent at issue in
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`this proceeding. In his role as counsel in the co-pending litigation, Mr. Freitas has
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`reviewed the ’519 patent, the asserted references, and the invalidity claim charts.
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`Further, Mr. Freitas is familiar with the factual and legal matters at issue in that
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`case, including the claim construction issues presented in the co-pending litigation.
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`Mr. Freitas has thus established familiarity with the subject matter at issue in this
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`proceeding.
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`Mr. Freitas has read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials Before the Patent Trial and
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`Appeal Board set forth in part 42 of 37 C.F.R., and he agrees to be subject to the
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`USPTO Rules of Professional Conduct set forth in 37 C.F.R. § 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). In the past three (3) years, Mr.
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`Freitas has applied to appear pro hac vice before the Office in Advanced Micro
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`Devices, Inc. v. Aquila Innovations, Inc., IPR2019-01526. As of the date of this
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`filing, the application is still pending. Mr. Freitas was granted pro hac vice
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`admission in Advanced Micro Devices, Inc. v. Polaris Innovations Limited,
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`IPR2019-01527 and Advanced Micro Devices, Inc. v. Polaris Innovations Limited,
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`IPR2019-01514.
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`Patent Owner has expended significant resources in the co-pending litigation
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`with Mr. Freitas as lead counsel, and Patent Owner wishes Mr. Freitas to represent
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`it in this proceeding.
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`III. Affidavit or Declaration of Individual Seeking to Appear
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`This motion for pro hac vice admission is accompanied by a Declaration of
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`Mr. Freitas as required by the Order.
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`IV. Conclusion
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`The facts contained in the Statement of Facts above, and contained in the
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`Declaration of Mr. Freitas, establish that there is good cause to admit Mr. Freitas
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`pro hac vice in this proceeding under 37 C.F.R. § 42.10(c).
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`-4-
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`/Jing H. Cherng/
`Jing H. Cherng
`Reg. No. 68,144
`Counsel for Patent Owner
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`Date: December 26, 2019
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`-5-
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`CERTIFICATE OF SERVICE
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`It is certified that a copy of the foregoing has been served on Petitioner via
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`electronic mail transmission addressed to the person(s) at the address below:
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`Daniel S. Block
`dblock-PTAB@sternekessler.com
`Michael B. Ray
`mray-PTAB@sternekessler.com
`Jonathan Tuminaro
`jtuminar-PTAB@sternekessler.com
`Michael D. Specht
`Mspecht-PTAB@sternekessler.com
`PTAB@sternekessler.com
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`Date: December 26, 2019
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`/Jing H. Cherng/
`Jing H. Cherng
`Reg. No. 68,144
`Counsel for Patent Owner
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`-6-
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