`571-272-7822
`
`
`Paper: 9
`Entered: October 18, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICRON TECHNOLOGY, INC., MICRON SEMICONDUCTOR
`PRODUCTS, INC., and MICRON TECHNOLOGY TEXAS LLC,1
`Petitioner,
`v.
`NETLIST, INC.,
`Patent Owner.
`
`IPR2023-00405 (Patent 11,232,054 B2)
`IPR2023-00406 (Patent 11,016,918 B2)
`
`
`
`
`
`
`
`
`
`Before PATRICK M. BOUCHER, JON M. JURGOVAN, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`JURGOVAN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Granting Petitioner’s Motions for
`Pro Hac Vice Admission of Michael R. Rueckheim
`37 C.F.R. § 42.10(c)
`
`
`1 Micron Technology, Inc., Micron Semiconductor Products, Inc., and
`Micron Technology Texas LLC (collectively “Petitioner Micron”) have been
`joined as petitioners in IPR2022-00996 and IPR2022-00999 with Samsung
`Electronics Co. Ltd. (“Petitioner Samsung”) and have agreed to an
`understudy role in those proceedings. Paper 3 at 5–9.
`
`
`
`IPR2023-00405 (Patent 11,232,054 B2)
`IPR2023-00406 (Patent 11,016,918 B2)
`
`
`On September 12, 2023, Petitioner filed a Motion for admission pro
`hac vice of Michael R. Rueckheim in each of the above-identified
`proceedings. IPR2023-00405, Paper 8 and IPR2023-00406, Paper 8
`(collectively “the Motions”).
`In accordance with 37 C.F.R. § 42.10(c), we may recognize counsel
`pro hac vice upon a showing of good cause, subject to the condition that lead
`counsel be a registered practitioner. A motion for pro hac vice admission
`requires a statement of facts showing there is good cause to recognize
`counsel pro hac vice, and an affidavit or declaration of the individual
`seeking to appear. See Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-
`00639, Paper 7 (PTAB Oct. 15, 2013) (Order Authorizing Motion for Pro
`Hac Vice Admission); see also Notice of Filing Date Accorded, Paper 4
`(Notice”).
`In each Motion, Petitioner states that there is good cause for the Board
`to recognize Mr. Rueckheim pro hac vice during these proceedings because
`Mr. Rueckheim “is a litigation attorney with 16 years of litigation
`experience” and “has obtained substantial familiarity with the involved
`patent, the prior art, and the various issues raised in this proceeding.”
`Motions 1–3.
`Each Motion is supported by a Declaration of Mr. Rueckheim
`(Ex. 1076) (collectively, “Declarations”) that attests to the statements above
`and complies with the requirements set forth in the Notice. See Declarations
`¶¶ 1–10.
`Upon consideration, Petitioner has demonstrated that Mr. Rueckheim
`has sufficient legal and technical qualifications and familiarity with the
`subject matter at issue, and that there is a need for Petitioner to have counsel
`
`
`
`IPR2023-00405 (Patent 11,232,054 B2)
`IPR2023-00406 (Patent 11,016,918 B2)
`
`with his experience. See, e.g., Declarations ¶¶ 8–9; Motions, 1–3. Petitioner
`therefore has established good cause for admitting Mr. Rueckheim
`pro hac vice in each of these proceedings.
`Upon review of the record before us, we determine that all
`requirements for admission pro hac vice have been met and there is good
`cause to admit Mr. Rueckheim pro hac vice. Accordingly, Petitioner’s
`Motions for pro hac vice admission of Mr. Rueckheim are granted.
`
`Accordingly, it is
`ORDERED that Petitioner’s Motion (IPR2023-00405, Paper 8; and
`IPR2023-00406, Paper 8) for admission pro hac vice of Michael R.
`Rueckheim in each of the above-identified proceedings is granted; Mr.
`Rueckheim is authorized to act only as back-up counsel in these
`proceedings;
`FURTHER ORDERED that Petitioner Micron is to continue to have a
`registered practitioner represent it as lead counsel for these proceedings;
`FURTHER ORDERED that Mr. Rueckheim shall comply with the
`Consolidated Trial Practice Guide, 84 Fed. Reg. 64,280 (Nov. 21, 2019),2
`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of Title
`37, Code of Federal Regulations; and
`FURTHER ORDERED that Mr. Rueckheim shall be subject to the
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a) and the USPTO
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`
`
`IPR2023-00405 (Patent 11,232,054 B2)
`IPR2023-00406 (Patent 11,016,918 B2)
`
`PETITIONER:
`Eliot D. Williams
`Theodore W. Chandler
`Ferenc Pazmandi
`Mark A. Speegle
`Brianna L. Potter
`BAKER BOTTS L.L.P.
`eliot.williams@bakerbotts.com
`ted.chandler@bakerbotts.com
`ferenc.pazmandi@bakerbotts.com
`aashish.kapadia@bakerbotts.com
`brianna.potter@bakerbotts.com
`
`Juan C. Yaquian
`Michael R. Rueckheim
`WINSTON & STRAWN LLP
`jyaquian@winston.com
`mrueckheim@winston.com
`
`PATENT OWNER:
`Hong Annita Zhong
`Jonathan M. Lindsay
`IRELL & MANELLA LLP
`hzhong@irell.com
`jlindsayg@irell.com
`
`
`
`
`
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