`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`____________
`
`Case No. IPR2020-00878
`U.S. Patent No. 10,330,897
`____________
`
`
`PATENT OWNER’S UNOPPOSED MOTION
` FOR PRO HAC VICE ADMISSION OF
` MARC A. FENSTER AND JAMES S. TSUEI
`
`Patent Owner, Corephotonics, Ltd., hereby requests that the Board rec-
`
`ognize Marc A. Fenster and James S. Tsuei as counsel pro hac vice for this
`
`proceeding under 37 C.F.R. § 42.10(c). Counsel for Petitioner Apple Inc. has
`
`indicated that Petitioner does not oppose this motion.
`
`
`
`Case No. IPR2020-00878
`U.S. Patent No. 10,330,897
`
`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 Tsuei
`
`pro hac vice.
`
`Messrs. Fenster and Tsuei are both experienced patent litigation attorneys.
`
`Mr. Fenster has practiced patent litigation since 1995, and Mr. Tsuei 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 be-
`
`fore U.S. district courts. U.S. Patent No. 10,330,897 and numerous related
`
`patents are currently asserted by Patent Owner in pending district court litiga-
`
`tion against Petitioner, (Corephotonics, Ltd. v. Apple, Inc., Case Nos. 17-6457,
`
`18-2555, and 19-4809 (Northern District of California). Messrs. Fenster and
`
`Tsuei are among the principal attorneys responsible for the representation of
`
`Patent Owner in those co-pending litigations. Through their roles as 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 in-
`
`volved with issues such as claim construction and invalidity present in those
`
`2
`
`
`
`Case No. IPR2020-00878
`U.S. Patent No. 10,330,897
`
`litigations, many of which overlap with the grounds presented in this IPR pro-
`
`ceeding. Patent Owner has expended significant resources in the co-pending
`
`litigation with Messrs. Fenster and Tsuei 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 Tsuei to serve as backup
`
`counsel in this IPR proceeding. (Paper 5.)
`
`II. DECLARATIONS OF INDIVIDUALS SEEKING TO
`APPEAR
`
`This motion for pro hac vice admission is accompanied by declarations
`
`of Mr. Fenster (Ex. 2010) and Mr. Tsuei (Ex. 2011), attesting to the facts re-
`
`quired by the Board in Unified Patents, Inc. v. Parallel Iron, LLC, Case. No.
`
`IPR2013-00639, Paper 7 (Oct. 15, 2013).
`
`
`
`Dated: June 2, 2021
`
`Respectfully submitted,
`
`
`
` /Neil A. Rubin/
`Neil A. Rubin (Reg. No. 67,030)
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`Telephone: 310-826-7474
`
`Attorney for Patent Owner,
`COREPHOTONICS, LTD.
`
`3
`
`
`
`Case No. IPR2020-00878
`U.S. Patent No. 10,330,897
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that “Patent Owner’s Unopposed Motion for Pro Hac Vice
`
`Admission of Marc A. Fenster and James S. Tsuei” was served on June 2,
`
`2021 by email sent to:
`
`Michael S. Parsons
`Andrew S. Ehmke
`Jordan Maucotel
`Stephanie N. Sivinski
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`Telephone: 214-651-5000
`Email: michael.parsons.ipr@haynesboone.com
`Email: andy.ehmke.ipr@haynesboone.com
`Email: jordan.maucotel.ipr@haynesboone.com
`Email: stephanie.sivinski.ipr@haynesboone.com
`
` /Neil A. Rubin/
`
`
`
`
`4
`
`
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