UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MERCEDES-BENZ USA, LLC,
`Petitioner
`v.
`
`DAEDALUS PRIME LLC
`Patent Owner
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`PETITIONER MERCEDES-BENZ USA, LLC’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF JIAXING (KYLE) XU
`UNDER 37 C.F.R. § 42.10(c)
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MERCEDES-BENZ USA, LLC,
`Petitioner
`v.
`
`DAEDALUS PRIME LLC
`Patent Owner
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`PETITIONER MERCEDES-BENZ USA, LLC’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF JIAXING (KYLE) XU
`UNDER 37 C.F.R. § 42.10(c)
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`TABLE OF CONTENTS
`
`Page
`INTRODUCTION ........................................................................................... 1
`I.
`STATEMENT OF FACTS .............................................................................. 2
`II.
`III. GOOD CAUSE EXISTS FOR THIS MOTION ............................................. 3
`IV. DECLARATION OF INDIVIDUALS SEEKING TO APPEAR ................... 4
`V.
`CONCLUSION ................................................................................................ 4
`
`- i -
`
`
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`UPDATED LIST OF EXHIBITS1
`
`U.S. Patent No. 10,049,080 to George et al. (“the ’080 Patent”)
`Declaration of Dr. Trevor Mudge submitted in IPR2023-00567
`Curriculum Vitae of Dr. Trevor Mudge
`Prosecution History of the ’080 Patent (Application No.
`15/431,527)
`U.S. Patent Pub. No. 2011/0213950 to Mathieson et al.
`(“Mathieson”)
`U.S. Patent Pub. No. 2009/0309243 to Carmack et al. (“Carmack”)
`U.S. Patent Pub. No. 2008/0288748 to Sutardja et al. (“Sutardja
`’748”)
`U.S. Patent Pub. No. 2007/0083785 to Sutardja (“Sutardja ’785”)
`U.S. Patent Pub. No. 2011/0145615 to Rychlik et al. (“Rychlik”)
`Prosecution History of U.S. Patent No. 9,569,278 (“the ’278
`Patent”)
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`
`Ex-1001
`Ex-1002
`Ex-1003
`Ex-1004
`
`Ex-1005
`
`Ex-1006
`Ex-1007
`
`Ex-1008
`Ex-1009
`Ex-1010
`
`Ex-1011
`Ex-1012
`Ex-1013
`Ex-1014
`
`1 Four-digit pin citations that begin with 0 are to the branded numbers added by
`
`Mercedes in the bottom right corner of the exhibits. All other pin citations are to
`
`original page, column, paragraph, or line numbers.
`
`- ii -
`
`
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`Ex-1015
`Ex-1016
`Ex-1017
`Ex-1018
`Ex-1019
`Ex-1020
`Ex-1021
`Ex-1022
`
`Ex-1023
`Ex-1024
`
`Ex-1025
`
`Ex-1026
`Ex-1027
`
`Ex-1028
`
`Ex-1029
`
`Ex-1030
`
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`INTENTIONALLY LEFT BLANK
`Claim Mapping Table
`INTENTIONALLY LEFT BLANK
`U.S. Patent Pub. No. 2006/0095807 to Grochowski
`(“Grochowski”)
`U.S. Patent Pub. No. 2012/0317568 to Aasheim (“Aasheim”)
`Jeffrey C. Mogul et al., Operating Systems and Asymmetric Single-
`ISA CMPs: The Potential for Saving Energy, Hewlett-Packard
`Development Company, L.P. (2007)
`Juan Carlos Saez et al., Operating System Support for Mitigating
`Software Scalability Bottlenecks on Asymmetric Multicore
`Processors, ACM 978-1-4503-004-5/10/05 (2010)
`U.S. Patent No. 7,093,147 to Farkas et al. (“Farkas”)
`Charles Lefurgy et al., Energy Management for Commercial
`Servers, Computer 39 (Dec. 2003).
`Yushi Shen et al., Enabling the New Era of Cloud Computing:
`Data Security, Transfer, and Management (Information Science
`Reference 2014).
`Stefanos Kaxiras and Margaret Martonosi, Computer Architecture
`Techniques for Power-Efficiency, in Synthesis Lectures on
`Computer Architecture #4 (Morgan & Claypool 2008).
`Vasanth Venkatachalam and Michael Franz, Power Reduction
`Techniques For Microprocessor Systems, 37 ACM Computing
`Surveys 195 (2005).
`
`- iii -
`
`
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`Euiseong Seo et al., Energy Efficient Scheduling of Real-Time
`Tasks on Multicore Processors, 19 IEEE Transactions on Parallel
`and Distributed Systems 1540 (Nov. 2008).
`Rakesh Kumar et al., Single-ISA Heterogeneous Multi-Core
`Architectures: The Potential for Processor Power Reduction,
`Proceedings of the 36th International Symposium on
`Microarchitecture (MICRO-36 2003), IEEE Computer Society
`(2003).
`U.S. Patent No. 8,615,647 to Hum et al. (“Hum”)
`Declaration of Dr. Robert Horst
`Curriculum Vitae of Dr. Robert Horst
`Declaration of Damon M. Lewis in Support of Motion for Pro Hac
`Vice Admission
`Declaration of Jiaxing (Kyle) Xu in Support of Motion for Pro Hac
`Vice Admission
`
`Ex-1031
`
`Ex-1032
`
`Ex-1033
`Ex-1034
`Ex-1035
`Ex-1036
`
`Ex-1037
`
`- iv -
`
`
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`I.
`
`INTRODUCTION
`Pursuant to 37 C.F.R. § 42.10(c) and the Notice of Filing Date Accorded to
`
`Petition (Paper 7), Petitioner Mercedes-Benz USA, LLC. (“Petitioner”), respectfully
`
`requests that the Board recognize Jiaxing (Kyle) Xu as counsel pro hac vice in this
`
`proceeding. Petitioner is not seeking to replace either its current lead or back-up lead
`
`counsel with Mr. Xu. Petitioner has conferred with Patent Owner’s counsel, who
`
`stated Patent Owner does not oppose this motion.
`
`Where the lead counsel is a registered practitioner, a non-registered
`
`practitioner may be permitted to appear pro hac vice “upon a showing that counsel
`
`is an experienced litigating attorney and has established familiarity with the subject
`
`matter at issue in the proceeding.” 37 C.F.R. § 42.10(c); Unified Patents, Inc. v.
`
`Parallel Iron, LLC, Case IPR2013-00639 (P.T.A.B. Oct. 15, 2013) (Paper 7) (setting
`
`forth requirements for pro hac vice admission).
`
`As set forth in the accompanying Declaration (EX1037), Jiaxing (Kyle) Xu is
`
`a Senior Associate at Hogan Lovells US LLP and an experienced patent litigation
`
`attorney with significant experience representing clients in patent matters before the
`
`courts. Based on the facts detailed below and in his declaration, Mr. Xu has
`
`significant familiarity with the particular subject matter in this IPR proceeding.
`
`This motion is authorized by the Notice of Filing Date Accorded that was
`
`- 1 -
`
`
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`mailed on August 29, 2023. See Paper 4, 2.
`
`II.
`
`STATEMENT OF FACTS
`Mr. Xu has focused his practice on patent law since 2019 and has extensive
`
`experience representing clients in patent matters before courts and agencies,
`
`including U.S. District Courts and the International Trade Commission. EX1037, ¶8.
`
`Mr. Xu has significant knowledge and experience in patent litigation,
`
`including through litigating invalidity defenses, preparing witnesses for deposition
`
`and materials for taking depositions, and handling evidentiary issues. Id., ¶9.
`
`Mr. Xu has previously been involved in proceedings before the Board and has
`
`worked on such matters since 2021. Id., ¶10. This experience includes: assisting with
`
`the preparation of petitions and other submissions and preparing witnesses for
`
`deposition. Id. He has not applied to appear pro hac vice in any other proceedings
`
`before the Board in the last three (3) years. Id.
`
`Based on his involvement to date, Mr. Xu has developed an established
`
`familiarity with the subject matter of this proceeding, including a close familiarity
`
`with the arguments and evidence in the petition. Id., ¶11. He has gained this
`
`familiarity through review and analysis of the challenged patent, the prosecution
`
`history of the challenged patent, technical literature, the expert declaration, and other
`
`sources of information. Id.
`
`- 2 -
`
`
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`Petitioner is concurrently filing a motion for pro hac vice admission of Mr.
`
`Xu in related proceeding IPR2023-01344.
`
`Mr. Xu is a member in good standing of the state bars of California and New
`
`York and is admitted to the United States District Court for the Northern District of
`
`California. Id., ¶2.
`
`Mr. Xu has never been suspended or disbarred from practice before any court
`
`or administrative body (id., ¶3), has never been denied admission to practice before
`
`any court or administrative body (id., ¶4), and has never received sanctions or
`
`contempt citations against him from any court or administrative body (id., ¶5).
`
`Mr. Xu certifies that he has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37
`
`C.F.R. EX1037, ¶6. Mr. Xu certifies that he understands that he will be subject to
`
`the Rules of Professional Conduct under 37 C.F.R. §§ 11.101 et seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a). EX1037, ¶7.
`
`Mr. Xu certifies that in this proceeding he will work in coordination with lead
`
`counsel Celine Jimenez Crowson, who is a registered practitioner. Id., ¶12.
`
`III. GOOD CAUSE EXISTS FOR THIS MOTION
`The Board may recognize counsel pro hac vice during a proceeding upon a
`
`showing of good cause. Based on the facts above, as supported by Mr. Xu’s
`
`- 3 -
`
`
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`declaration (EX1037), there is good cause to admit Mr. Xu pro hac vice in this
`
`proceeding given his extensive experience and qualifications (EX1037 ¶¶2, 8-10)
`
`and established familiarity with the subject matter at issue in this proceeding
`
`(EX1037 ¶11).
`
`In addition, Mr. Xu has significant knowledge and experience in patent
`
`litigation, including preparing witnesses for deposition and handling evidentiary
`
`issues. Id., ¶8-10. These skills are readily applicable to post-grant proceedings and
`
`favor admitting Mr. Xu to represent Petitioner.
`
`Petitioner will maintain a registered practitioner as lead counsel for at least as
`
`long as Mr. Xu is admitted pro hac vice. Mr. Xu certifies that he will coordinate and
`
`associate with the designated lead counsel for Petitioner, Celine Jimenez Crowson,
`
`who is a registered practitioner, for the duration of his involvement. EX1037 ¶12.
`
`IV. DECLARATION OF INDIVIDUALS SEEKING TO APPEAR
`This unopposed motion is accompanied by the declarations required by
`
`Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (P.T.A.B. Oct.
`
`15, 2013) (Paper 7).
`
`V.
`
`CONCLUSION
`Petitioner submits that there is good cause under 37 C.F.R. § 42.10(c) for the
`
`Board to recognize Jiaxing (Kyle) Xu as counsel pro hac vice during this
`
`- 4 -
`
`
`
`proceeding.
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`- 5 -
`
`
`
`Date: April 29, 2024
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`
`/s/ Celine J. Crowson
`Celine Jimenez Crowson (Reg. No. 40,357)
`Joseph Raffetto (Reg. No. 66,218)
`Scott Hughes (Reg. No. 68,385)
`Damon M. Lewis (Pro Hac Vice being
`submitted)
`Ryan Stephenson (Reg No. 76,608)
`Nicholas Rotz (Reg. No. 75,959)
`HOGAN LOVELLS US LLP
`555 13th Street N.W.
`Washington, D.C. 20004
`Telephone: 202.637.5600
`Facsimile: 202.637.5710
`
`Helen Trac (Reg. No. 62,250)
`Jiaxing (Kyle) Xu (Pro Hac Vice being
`submitted)
`HOGAN LOVELLS US LLP
`Four Embarcadero, #3500
`San Francisco, CA 94111
`Telephone: 415-374-2300
`Facsimile: 415-374-2399
`
`- 6 -
`
`
`
`Case IPR2023-01333
`U.S. Patent No. 10,049,080
`CERTIFICATION OF SERVICE (37 C.F.R. § 42.6(e))
`The undersigned certifies that, in accordance with 37 C.F.R. § 42.6(e) and 37
`
`C.F.R. § 42.105, the foregoing and Exhibit 1037 were served on April 26, 2024 in
`
`their entireties upon the following parties via electronic mail:
`
`Tarek Fahmi (Lead Counsel)
`Ascenda Law Group, LLP
`tarek.fahmi@ascendalaw.com
`
`Date: April 29, 2024
`
`/s/ Celine J. Crowson
`Celine Jimenez Crowson (Reg. No. 40,357)
`Joseph Raffetto (Reg. No. 66,218)
`Scott Hughes (Reg. No. 68,385)
`Damon M. Lewis (Pro Hac Vice being
`submitted)
`Ryan Stephenson (Reg No. 76,608)
`Nicholas Rotz (Reg. No. 75,959)
`HOGAN LOVELLS US LLP
`555 13th Street N.W.
`Washington, D.C. 20004
`Telephone: 202.637.5600
`Facsimile: 202.637.5710
`
`Helen Trac (Reg. No. 62,250)
`Jiaxing (Kyle) Xu (Pro Hac Vice being
`submitted)
`HOGAN LOVELLS US LLP
`Four Embarcadero, #3500
`San Francisco, CA 94111
`Telephone: 415-374-2300
`Facsimile: 415-374-2399
`
`
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
