UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MICROSOFT CORPORATION,
`Petitioner
`
`v.
`
`DAEDALUS BLUE, LLC,
`Patent Owner
`
`
`
`
`Case No. IPR2021-00832
`U.S. Patent No. 8,381,209
`Original Issue Date: February 19, 2013
`
`Title: MOVEABLE ACCESS CONTROL LIST (ACL) MECHANISMS FOR
`HYPERVISORS AND VIRTUAL MACHINES AND VIRTUAL PORT
`FIREWALLS
`
`
`
`
`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF
`JARED BOBROW PURSUANT TO 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MICROSOFT CORPORATION,
`Petitioner
`
`v.
`
`DAEDALUS BLUE, LLC,
`Patent Owner
`
`
`
`
`Case No. IPR2021-00832
`U.S. Patent No. 8,381,209
`Original Issue Date: February 19, 2013
`
`Title: MOVEABLE ACCESS CONTROL LIST (ACL) MECHANISMS FOR
`HYPERVISORS AND VIRTUAL MACHINES AND VIRTUAL PORT
`FIREWALLS
`
`
`
`
`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF
`JARED BOBROW PURSUANT TO 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT
`NO.
`1001
`1002
`
`1003
`
`1004
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`LISTING OF EXHIBITS
`
`DESCRIPTION
`
`U.S. Patent No. 8,381,209 to Reumann et al. (the “209 Patent”)
`
`File History of U.S. Patent No. 8,381,209 (the “209 FH”)
`
`Declaration of Dr. Markus Jakobsson (“Jakobsson”) re U.S. Patent
`No. 8,381,209
`
`Curriculum Vitae of Dr. Markus Jakobsson
`
`U.S. Patent Publication No. 2007/0079307 to Dhawan et al.
`(”Dhawan”)
`
`C. Clark et al, Live Migration of Virtual Machines, NSDI ’05: 2nd
`Symposium on Networked Systems Design & Implementation
`(May 2-4, 2005) (“Clark”)
`
`Isolation of Shared Network Resources in XenoServers to Warfield
`et al. (“Warfield”)
`
`U.S. Patent No. 8,107,370 to Chandika et al. (“Chandika”).
`
`Declaration of Diana Friedrich, German National Library of
`Science and Technology re: Proceedings of the 2nd Symposium on
`Networked Systems Design & Implementation (NSDI ’05) (May 2-
`4, 2005)
`
`Complaint for Patent Infringement, Daedalus Blue, LLC v.
`Microsoft Corporation, Case No. 6:20-cv-01152-ADA (Dec. 16,
`2020 W.D. Tex.)
`
`1011
`
`U.S. Patent No. 7,484,208 to Nelson (“Nelson”)
`
`1012
`
`Chen et al., When Virtual Is Better Than Real, The Eighth IEEE
`Workshop on Hot Topics in Operating Systems, HotOS-VIII,
`pp.116-121 (May 20-23, 2001)
`
`1013
`
`U.S. Patent Application No. 2005/0268298 to Hunt (“Hunt”)
`
`
`
`
`
`
`
`EXHIBIT
`NO.
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`1020
`
`1021
`
`1022
`
`1023
`
`1024
`
`DESCRIPTION
`
`U.S. Patent No. 6,397,242 to Devine (“Devine”)
`
`Karger, Multi-Level Security Requirements for Hypervisors, IBM
`Search Report, RC 23624 (W0506-041), June 6, 2005 (rev. Oct. 19,
`2005), 21st Annual Computer Security Applications Conference,
`Tucson, AZ (Dec. 5-9, 2005) (“Karger”).
`
`Sailer et al., Building a MAC-Based Security Architecture for the
`Xen Open-Source Hypervisor, Proceedings of the 21st Annual
`Computer Security Applications Conference (ASCAC 2005)
`
`U.S. Patent No. 6,182,226 to Reid et al. (“Reid”)
`
`Eck, Access Control Lists to Protect a Network from Worm/DoS
`Attacks, SANS Institute (2004)
`
`Huang et al., A Case for High Performance Computing with Virtual
`Machines, ICS ’06 June 28-30, Cairns, Queensland, Australia
`
`Keahey et al., Virtual Workspaces in the Grid, 11th International
`Euro-Par Conferences, Lisbon, Portugal (Sept. 2005)
`
`R. Siles, Real World ARP Spoofing, SANS Institute (August 2003)
`
`V. Antoine et al, Router Security Configuration Guide, Router
`Security Guidance Activity of the System and Network Attack
`Center (SNAC) (Sept. 27, 2002)
`
`Jiang et al., VIOLIN: Virtual Internetworking on Overlay
`Infrastructure, In: Cao J., Yang L.T., Guo M., Lau F. (eds) Parallel
`and Distributed Processing and Applications (ISPA 2004), Lecture
`Notes in Computer Science, vol 3358. Springer, Berlin, Heidelberg
`
`Karlin, PlanetLab: A Blueprint for Introducing Disruptive
`Technology into the Internet (Nov. 20, 2003), available at
`https://web.archive.org/web/20031208153742/http://www.planet-
`lab.org/pubs/2003-11-20-PlanetLab-IEEE.pdf
`
`
`
`
`
`
`
`EXHIBIT
`NO.
`
`DESCRIPTION
`
`1025
`
`1026
`
`1027
`
`1028
`
`1029
`
`1030
`
`1031
`
`1032
`
`1033
`
`1034
`
`Welcome to PlanetLab website (2002), available at
`https://web.archive.org/web/20021212060940/http:l/planet-
`lab.org/php/top.php
`
`PlanetLab – About, available at
`https://planetlab.cs.princeton.edu/about.html
`
`PlanetLab front page (2006), available at
`https://web.archive.org/web/20061007191534/http://www.planet-
`lab.org/
`
`Declaration of Dr. Timothy L. Harris regarding Isolation of Shared
`Network Resources in XenoServers to Warfield et al. (“Warfield”)
`
`PlanetLab Design Notes (2002), available at
`https://web.archive.org/web/20021212035424/http:/planet-
`lab.org:80/php/pdn.php
`
`PlanetLab Consortium (2006), available at
`https://web.archive.org/web/20061007234024/http://www.planet-
`lab.org/consortium/overview.php
`
`Email from Andrew Warfield submitting Isolation of Shared
`Network Resources in XenoServers to Warfield et al. (“Warfield”)
`to PlanetLab for publication (Oct. 30, 2002)
`
`PlanetLab Design Notes (PDNs) (2003), available at
`https://web.archive.org/web/20031002004416/http://planet-
`lab.org/php/pdn.php
`
`PlanetLab Design Note 02-2006 (2006), available at
`https://web.archive.org/web/20060129235541/http://www.planet-
`lab.org/PDN/PDN-02-006/
`
`Web capture from
`https://web.archive.org/web/20070715165444/http://planet-
`lab.org/files/pdn/PDN-02-006/pdn-02-006.pdf
`
`
`
`
`
`
`
`EXHIBIT
`NO.
`
`DESCRIPTION
`
`1035
`
`1036
`
`1037
`
`1038
`
`1039
`
`1040
`
`1041
`
`1042
`
`1043
`
`PlanetLab Design Notes (2008), available at
`https://web.archive.org/web/20081021030221%20/http://www.plan
`et-lab.org/doc/pdn
`
`PlanetLab Design Notes (2014), available at
`https://web.archive.org/web/20140531154741/http://www.planet-
`lab.org/doc/pdn
`
`Planet Law Design Notes (2021), available at
`https://planetlab.cs.princeton.edu/doc/pdn.html
`
`Cocciarini, Meccanismi Scalabili di Accesso a Content Distribution
`Network: Uno Studio Speriomentale, Undergraduate Thesis
`submitted at the University of Bologna, Italy (2005)
`
`University of Bologna’s listing of Cocciarini, Meccanismi Scalabili
`di Accesso a Content Distribution Network: Uno Studio
`Speriomentale, Undergraduate thesis submitted to the University of
`Bologna, Italy (2005), available at
`http://www.cs.unibo.it/~ghini/tesisti/MarcoCocciarini/
`
`University of Cambridge, listing of NetOS publications (2003),
`available at web.archive.org/web/2003112410371
`O/http://www.cl.cam.ac.uk/Research/SRG/netos/papers/
`
`University of Cambridge, listing of NetOS publications (2004),
`available at web.archive.org/web/200411230357
`40/http://www.cl.cam.ac.uk/Research/SRG/netos/papers/
`
`University of Cambridge, listing of NetOS publications (2006),
`available at
`http://web.archive.org/web/20061008131740/http://www.cl.cam.ac.
`uk/research/srg/netos/papers/#2002
`
`University of Cambridge, listing of NetOS publications (2021),
`available at https://www.cl.cam.ac.uk/research/srg/netos/papers/
`
`
`
`
`
`
`
`EXHIBIT
`NO.
`
`DESCRIPTION
`
`1044
`
`University of Cambridge, listing of Xenoservers publications
`(2021), available at
`https://www.cl.cam.ac.uk/research/srg/netos/projects/archive/xeno/
`publications.html
`1045 Warfield, Virtual Devices for Machines, Ph.D. dissertation
`submitted to the University of Cambridge (May 5, 2006)
`
`1046
`
`1047
`
`1048
`
`Varian, VM and the VM Community: Past, Present, and Future,
`Office of Computing and Information Technology, Princeton
`University, Princeton, NJ, 1, 19-22 (April 1991) (“Varian”)
`
`Email from Jun Zheng dated May 4, 2021 in Daedalus Blue, LLC
`v. Microsoft Corporation, Case No. 6:20-cv-01152-ADA (W.D.
`Tex.)
`
`Declaration of Jared Bobrow in Support of Petitioner’s Motion for
`Admission Pro Hac Vice
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.10, Petitioner Microsoft Corporation
`
`(“Petitioner”) respectfully requests that the Board admit Jared Bobrow pro hac vice
`
`in this proceeding.
`
`STATEMENT OF FACTS
`Pursuant to 37 C.F.R. § 42.10(c), 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.
`
`The facts, supported by the accompanying Declaration of Jared Bobrow in
`
`Support of Petitioner’s Motion for Admission Pro Hac Vice (Ex. 1048, “Bobrow
`
`Declaration”), establish good cause to admit Mr. Bobrow pro hac vice in this
`
`proceeding.
`
`Lead counsel Don Daybell is a registered practitioner.
`
`
`
`
`
`
`
`Jared Bobrow is an experienced litigation attorney. Mr. Bobrow has been a
`
`litigating attorney for more than 32 years. Bobrow Declaration ¶ 1. Mr. Bobrow
`
`has been litigating patent cases for over 30 of those years. Id. Mr. Bobrow is a
`
`member in good standing of the California State Bar, with no suspensions or
`
`disbarments from practice, nor any application for admission to practice denied, nor
`
`any sanctions or contempt citations, and is admitted to practice in the United States
`
`Court of Appeals for the Federal Circuit, United States Court of Appeals for the
`
`Ninth Circuit, United States Court of Appeals for the First Circuit; California State
`
`Supreme Court; the United States District Court for the Eastern District of Texas;
`
`and the United States District Courts for the Central, Eastern, Northern and Southern
`
`Districts of California. Id. ¶¶ 1-4.
`
`Mr. Bobrow has familiarity with the subject matter at issue in this proceeding
`
`and in the related district court case Daedalus Blue, LLC v. Microsoft Corporation,
`
`Case No. 6:20-cv-01152-ADA (W.D. Tex., filed Dec. 16, 2020), in which U.S.
`
`Patent Nos. 8,572,612, 8,671,132, and 8,381,209 (and two other patents that are not
`
`being challenged in IPR proceedings) are asserted by the Patent Owner. Id. ¶ 9.
`
`Mr. Bobrow has read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules for Practice for Trials set forth in part 42 of the C.F.R,
`
`and he agrees to be subject to the USPTO Code of Professional Responsibility set
`
`
`
`
`
`
`
`forth in 37 C.F.R. §§ 10.20 et seq., and to disciplinary jurisdiction under 37 C.F.R.
`
`§ 11.19(a). Id. ¶¶ 5-6.
`
`ANALYSIS
`The facts contained in the Statement of Facts above, and contained in the
`
`Bobrow Declaration, establish that there is good cause to admit Mr. Bobrow pro hac
`
`vice in this proceeding under 37 C.F.R. § 42.10. Lead counsel is a registered
`
`practitioner, Mr. Bobrow is an experienced patent litigation attorney, and Mr.
`
`Bobrow has familiarity with the subject matter at issue in this proceeding.
`
`CONCLUSION
`For the foregoing reasons, Petitioner respectfully requests that the Board
`
`admit Jared Bobrow pro hac vice in this proceeding.
`
`
`
`Dated: August 26, 2021
`
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`
`
`
`/Don Daybell/
`By:
`Don Daybell
`Lead Counsel for Petitioner
`USPTO Reg. No. 50,877
`Orrick, Herrington & Sutcliffe LLP
`2050 Main Street, Suite 1100
`Irvine, CA 92614-8255
`
`Attorney for Petitioner
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that service
`
`was made on the Patent Owner as detailed below.
`
`Date of Service
`
`August 26, 2021
`
`Manner of Service
`
`Electronic Mail
`
`Petitioner’s Motion for Admission Pro Hac Vice of Jared
`Bobrow Pursuant to 37 C.F.R. § 42.10; Declaration of
`Jared Bobrow In Support of Petitioner’s Motion for
`Admission Pro Hac Vice
`Patent Owner’s Counsel of Record
`Lauren N. Robinson
`Reg. No. 74,404
`Bunsow De Mory LLP
`701 El Camino Real
`Redwood City, CA 94063
`lrobinson@bdiplaw.com
`
`Brenda Entzminger
`Reg. No. 76,896
`Bunsow De Mory LLP
`701 El Camino Real
`Redwood City, CA 94063
`bentzminger@bdiplaw.com
`
`Copy: BDIP_DaedalusMsftIPR@bdiplaw.com
`
`
`/Karen Johnson/
` Karen Johnson
`
`Documents Served
`
`Persons Served
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