UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`VERVAIN, LLC,
`Patent Owner.
`____________________________
`Case No.: IPR2021-01549
`U.S. Patent No. 9,997,240
`Original Issue Date: June 12, 2018
`
`Title: LIFETIME MIXED LEVEL NON-VOLATILE MEMORY SYSTEM
`
`
`
`
`
`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
`
`
`
`
`
`
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`VERVAIN, LLC,
`Patent Owner.
`____________________________
`Case No.: IPR2021-01549
`U.S. Patent No. 9,997,240
`Original Issue Date: June 12, 2018
`
`Title: LIFETIME MIXED LEVEL NON-VOLATILE MEMORY SYSTEM
`
`
`
`
`
`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF
`JARED BOBROW PURSUANT TO 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`
`
`LISTING OF EXHIBITS
`
`Exhibit
`
`Description
`
`1001-1004
`
`Intentionally omitted
`
`1005
`
`1006
`
`U.S. Patent No. 9,997,240 (the “240 patent”)
`
`File History of U.S. Patent No. 9,997,240
`
`1007-1008
`
`Intentionally omitted
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`Declaration of Dr. David Liu (“Liu Decl.”) – IPR2021-01549
`
`U.S. Patent Application Publication No. 2011/0099460
`(“Dusija”)
`
`U.S. Patent Application Publication No. 2008/0140918
`(“Sutardja”)
`
`U.S. Patent Application Publication No. 2009/0327591
`(“Moshayedi”)
`
`Intentionally omitted
`
`Betty Prince, Semiconductor Memories – A Handbook of
`Design, Manufacture, and Application (2d ed. 1991) (“Prince”)
`
`U.S. Patent No. 8,120,960 (“Varkony”)
`
`U.S. Patent No. 7,000,063 (“Friedman”)
`
`U.S. Patent Application Publication No. 2005/0251617
`(“Sinclair”)
`
`Jan Axelson, USB Mass Storage: Designing and Programming
`Devices and Embedded Hosts (2006) (“Axelson”)
`
`Rino Micheloni et al., Inside NAND Flash Memories (1st ed.
`2010) (“Micheloni”)
`
`
`
`
`
`
`
`Exhibit
`
`Description
`
`1020
`
`1021
`
`1022
`
`1023
`
`1024
`
`1025
`
`1026
`
`1027
`
`1028
`
`1029
`
`1030
`
`1031
`
`1032
`
`1033
`
`1034
`
`U.S. Patent Application Publication No. 2011/0115192
`(“Y. Lee”)
`
`U.S. Patent No. 7,453,712 (“Kim”)
`
`U.S. Patent Application Publication No. 2011/0096601
`(“Gavens”)
`
`U.S. Patent No. 8,078,794 (“C. Lee”)
`
`U.S. Patent No. 7,733,729 (“Boeve”)
`
`Microsoft Computer Dictionary, Fifth Edition, 2002, definition
`of read-after-write
`
`Merriam-Webster’s Collegiate Dictionary, Eleventh Edition,
`2006, definition of periodic
`
`New Oxford American Dictionary, 3rd Edition, 2010, definition
`of module
`
`U.S. Patent Application Publication No. 2010/0172180
`(“Paley”)
`
`U.S. Patent No. 7,853,749 (“Kolokowsky”)
`
`U.S. Patent Application Publication No. 2010/0017650
`(“Chin”)
`
`European Patent Specification No. EP 2,291,746 B1 (“Radke”)
`
`U.S. Patent Application Publication No. 2015/0214476
`(“Matsui”)
`
`Intentionally omitted
`
`Complaint for Patent Infringement, Dkt. No. 1, Vervain, LLC v.
`Micron Technology, Inc., Micron Semiconductor Products,
`Inc., and Micron Technology Texas, LLC, Case No. 6:21-cv-
`00487-ADA (May 10, 2021 W.D. Tex.)
`
`
`
`
`
`
`
`Exhibit
`
`Description
`
`1035
`
`Agreed Scheduling Order, Dkt. No. 24, dated September 16,
`2021, in Vervain, LLC v. Micron Technology, Inc., Micron
`Semiconductor Products, Inc., and Micron Technology Texas,
`LLC, Case No. 6:21-cv-00487-ADA
`
`1036-1037
`
`Intentionally omitted
`
`1038
`
`1039
`
`1040
`
`1041
`
`1042
`
`1043
`
`Scott McKeown, “WDTX ‘Implausible Schedule’ & Cursory
`Markman Order Highlighted,” Ropes & Gray, Patents Post-
`Grant, Inside Views & News Pertaining to the Nation’s Busiest
`Patent Court, June 2, 2021
`
`Dani Kass, Judge Albright Now Oversees 20% of New U.S.
`Patent Cases, Law360, March 10, 2021
`
`Brian Dipert and Markus Levy, Designing with Flash Memory
`(1994) (“Dipert & Levy”)
`
`U.S. Patent No. 7,366,826 (“Gorobets”)
`
`U.S. Patent No. 6,901,498 (“Conley”)
`
`U.S. Patent No. 8,356,152 (“You”)
`
`1044-1046
`
`Intentionally omitted
`
`1047
`
`1048
`
`1049
`
`Ashok Sharma, Advanced Semiconductor Memories,
`Architectures, Designs, and Applications (2003) (“Sharma”)
`
`Intentionally omitted
`
`U.S. Patent No. 5,936,971 (“Harari”)
`
`1050-1054
`
`Intentionally omitted
`
`
`
`1055
`
`1056
`
`New Oxford American Dictionary, 3rd Edition, 2010,
`definitions of frequency and threshold
`
`Declaration of Jared Bobrow in Support of Petitioner’s Motion
`for Admission Pro Hac Vice - IPR2021-01549
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.10, Petitioner Micron Technology, Inc.
`
`(“Petitioner”) respectfully requests that the Board admit Jared Bobrow pro hac vice
`
`in this proceeding.
`
`I.
`
`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. 1056, “Bobrow
`
`Declaration”), establish good cause to admit Mr. Bobrow pro hac vice in this
`
`proceeding.
`
`Lead counsel Jeremy Jason Lang 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 Vervain, LLC v. Micron Technology, Inc., et al.,
`
`Case No. 6:21-cv-00487 (W.D. Tex., filed May 10, 2021), in which U.S. Patent Nos.
`
`8,891,298, 9,196,385, 9,997,240, and 10,950,300 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.
`
`II. 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.
`
`III. CONCLUSION
`For the foregoing reasons, Petitioner respectfully requests that the Board
`
`admit Jared Bobrow pro hac vice in this proceeding.
`
`
`
`Dated: January 12, 2022
`
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`
`
`
`
`
`By:
`Jeremy Jason Lang
`Lead Counsel for Petitioner
`Reg. No. 73,064
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`T: (650) 614-7400
`F: (650) 614-7401
`Email: PTABDocketJJL2@orrick.com
`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
`
`January 12, 2022
`
`Manner of Service
`
`Electronic Mail
`
`Documents Served
`
`Petitioner’s Motion for Admission Pro Hac Vice of Jared
`Bobrow Pursuant to 37 C.F.R. § 42.10; Ex. 1056,
`Declaration of Jared Bobrow In Support of Petitioner’s
`Motion for Admission Pro Hac Vice
`
`Persons Served
`
`Patent Owner’s Counsel of Record
`Alan Whitehurst
`Reg. No. 43,263
`awhitehurst@mckoolsmith.com
`MCKOOL SMITH, P.C.
`1999 K St. NW
`Suite 600
`Washington, DC 20006
`Telephone: (202) 370-8300
`Facsimile: (202) 370-8344
`
`James E. Quigley
`Reg. No. 78,596
`jquigley@mckoolsmith.com
`MCKOOL SMITH, P.C.
`303 Colorado Street, Suite 2100
`Austin, Texas 78701
`Telephone: (512) 692-8700
`Facsimile: (512) 692-8744
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Christopher P. McNett
`Reg. No. 64,489
`cmcnett@mckoolsmith.com
`MCKOOL SMITH, P.C.
`1999 K St. NW
`Suite 600
`Washington, DC 20006
`Telephone: (202) 370-8300
`Facsimile: (202) 370-8344
`
`
`Copy: Vervain-Mic-MS@McKoolSmith.com
`
`
`/Valerie Cloyd/
` Valerie Cloyd
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
