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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`APPLIED MATERIALS, INC.
`Petitioner,
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`v.
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`DEMARAY LLC
`Patent Owner.
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`_________________________
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`Case IPR2021-00103
`Patent No. 7,544,276
`___________________
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`DEMARAY LLC’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF DARISH HUYNH UNDER 37 C.F.R. § 42.10(c)
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`109788894
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`IPR2021-00103
`Patent No. 7,544,276
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`I. RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Demaray LLC, by and
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`through its attorneys, respectfully requests that the Board admit Darish Huynh pro
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`hac vice in this proceeding.
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`II. GOVERNING LAW, RULES, AND PRECEDENT
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`37 C.F.R. § 42.10(c) states as follows:
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`The Board may recognize counsel pro hac vice during a
`proceeding upon a showing of good cause, subject to the
`condition that lead counsel be a registered practitioner and
`to any other conditions as the Board may impose. For
`example, where the lead counsel is a registered
`practitioner, a motion to appear pro hac vice by counsel
`who is not a registered practitioner may be granted upon
`showing that counsel is an experienced litigating attorney
`and has an established familiarity with the subject matter
`at issue in the proceeding.
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`IPR2021-00103
`Patent No. 7,544,276
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`III. STATEMENT OF FACTS
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`Based on the following statement of facts, and supported by the Declaration
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`of Darish Huynh submitted herewith (Exhibit 2008), Demaray LLC submits that a
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`showing of good cause has been made and respectfully requests the pro hac vice
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`admission of Darish Huynh in this proceeding:
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`1.
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`Petitioner’s Lead Counsel, H. Annita Zhong, is a registered practitioner
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`(Reg. No. 66,530). First Back-up Counsel, C. Maclain Wells, is also a
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`registered practitioner (Reg. No. 48,991) and Back-up Counsel,
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`Benjamin Hattenbach, is also a registered practitioner (Reg. No.
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`41,820).
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`2. Mr. Huynh is an associate at the law firm of Irell & Manella LLP.
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`Ex. 2008 ¶ 3.
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`3. Mr. Huynh is a litigating attorney and has been litigating cases relating
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`to patents for roughly 20 months. Id. ¶ 4.
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`4. Mr. Huynh is a member in good standing of the California State Bar,
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`and has never been suspended or disbarred from practice before any
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`court or administrative body. Id. ¶ 5.
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`5.
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`No application filed by Mr. Huynh for admission to practice before any
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`court or administrative body has ever been denied. Id. ¶ 6.
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`IPR2021-00103
`Patent No. 7,544,276
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`6.
`No sanctions or contempt citations have been imposed against Mr.
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`Huynh by any court or administrative body. Id. ¶ 7.
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`7. Mr. Huynh has read and agrees to comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials, as set forth
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`in Part 42 of Title 37, Code of Federal Regulations. Id. ¶ 8.
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`8. Mr. Huynh understands that he will be subject to the USPTO Rules of
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`Professional Conduct 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a). Id. ¶ 9.
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`9. Mr. Huynh has never appeared pro hac vice before the United States
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`Patent and Trademark Office. Id. ¶ 10.
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`10. Mr. Huynh is also concurrently applying for pro hac vice admission in
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`IPR2021-00104. Id. ¶ 11.
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`11. Mr. Huynh has an established familiarity with the subject matter at
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`issue in this proceeding. Id. ¶ 12. Mr. Huynh is involved in the related
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`civil actions, Demaray, LLC v. Intel Corporation, Case No. 20-cv-
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`00634 (W.D. Tex) and Demaray LLC v. Samsung Electronics Co., Ltd.
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`et al., Case No. 6:20-cv-00636 (W.D. Tex) involving the ’276 patent,
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`which is at the issue in this proceeding. Id. Mr. Huynh has acquired a
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`substantial understanding of the underlying legal and technological
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`IPR2021-00103
`Patent No. 7,544,276
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`issues at stake in the related proceeding, including issues related to
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`validity of the ’276 patent. Id. Patent Owner has expended significant
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`time and resources with Mr. Huynh and wishes to continue using Mr.
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`Huynh as counsel in this proceeding as appropriate. Id.
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`IV. GOOD CAUSE EXISTS FOR PRO HAC VICE ADMISSION OF
`DARISH HUYNH
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`The facts outlined above in the Statement of Facts, and contained in the
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`Declaration of Darish Huynh (Ex. 2008), establish that there is good cause to admit
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`Mr. Huynh pro hac vice in this proceeding under 37 C.F.R. § 42.10. Patent Owner’s
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`lead counsel, first back-up counsel and back-up counsel are registered practitioners.
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`Mr. Huynh is an experienced litigating attorney and has an established familiarity
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`with the subject matter at issue.
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`V. NO OPPOSITION TO THE MOTION
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`Patent Owner has conferred with Petitioner with regard to this Motion, and
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`Petitioner confirmed that it would not oppose the motion.
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`VI. CONCLUSION
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`In light of the foregoing, Patent Owner respectfully requests that the Board
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`admit Darish Huynh pro hac vice in this proceeding.
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`IPR2021-00103
`Patent No. 7,544,276
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`Dated: July 21, 2021
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`Respectfully submitted,
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`/Hong Annita Zhong/
`H. Annita Zhong, Reg. No. 66,530
`Benjamin Hattenbach, Reg. 41,820
`C. Maclain Wells, Reg. No. 48,991
`Darish Huynh, Pro Hac Vice to be requested
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`Telephone: (310) 277-1010
`Fax: (310) 203-7199
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`Attorney for Patent Owner
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`IPR2021-00103
`Patent No. 7,544,276
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on July 21, 2021, a
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`copy of the foregoing document DEMARAY LLC’S UNOPPOSED MOTION
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`FOR PRO HAC VICE ADMISSION OF DARISH HUYNH and EXHIBIT 2008
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`were served by electronic mail, as agreed to by the parties, upon the following:
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`PAUL HASTINGS LLP
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`Naveen Modi, Reg. No. 46,224
`Joseph E. Palys, Reg. No. 46,508
`Howard Herr (pro hac admission to be requested)
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`PH-Applied_Materials-Demaray-IPR@paulhastings.com
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`/Susan M. Langworthy/
` Susan M. Langworthy
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