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`IN THE 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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`____________
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`CISCO SYSTEMS, INC. AND JUNIPER NETWORKS, INC.1
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`Petitioners,
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`v.
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`ORCKIT CORPORATION
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`Patent Owner.
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`____________
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`Case IPR2023-00554
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`U.S. Patent No. 10,652,111
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`____________
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`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF KEN. K. FUNG
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`1 IPR2024-00037 (Juniper Networks, Inc) has been joined with this proceeding.
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`
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`IPR2023-00554
`U.S. Patent No. 10,652,111
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`Juniper Networks, Inc. (“Petitioner”) respectfully requests that the Board
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`recognize Mr. Ken K. Fung as counsel pro hac vice during this proceeding.
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`Petitioner files this Motion for Admission Pro Hac Vice in accordance with
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`the Notice of Filing Date Accorded to Petition and Time for Filing Patent Owner
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`Preliminary Response dated October 19, 2023 in IPR2024-00037 (and March 24,
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`2023 in IPR2023-00554), and in accordance with 37 C.F.R. § 42.10(c) and the
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`Order – Authorizing Motion for Pro Hac Vice Admission in IPR2013-00639, Paper
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`7.
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`The conditions for Mr. Fung’s pro hac vice admission exist here.2 Lead
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`Counsel for Petitioner (Kyle K. Tsui, Reg. No. 62,602) is registered to practice
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`before the Board.3 And good cause exists to permit Mr. Fung’s admission pro hac
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`vice for this proceeding.
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`Mr. Fung has practiced law since 2011 with extensive experience litigating
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`patent infringement cases in many jurisdictions, including district courts across
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`the country and the International Trade Commission. Among his experience in
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`patent litigation matters, Mr. Fung has been involved in drafting briefs before
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`district courts, including Markman briefs and hearings, performing patent validity
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`2 See 37 C.F.R. § 42.10(c) and “Order – Authorizing Motion for Pro Hac Vice
`Admission,” Unified Patents v. Parallel Iron, IPR2013-00639, Paper 7 (P.T.A.B.
`Oct. 15, 2013).
`3 See 37 C.F.R. § 42.10(c).
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`1
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`IPR2023-00554
`U.S. Patent No. 10,652,111
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`and infringement analyses, conducting discovery investigations, managing expert
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`witnesses, and taking and defending depositions. And the Board has previously
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`granted similar motions for Mr. Fung to appear pro hac vice in prior inter partes
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`review proceedings representing Petitioner.4
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`Many of the cases Mr. Fung has litigated involved the kinds of
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`technologies in this case. Mr. Fung is an experienced litigator with established
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`familiarity with the subject matter at issue in this proceeding, including extensive
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`knowledge of the prior art submitted in the instant Petition and related matters.
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`Mr. Fung is familiar with U.S. Patent No. 10,652,111 and the issues involved in
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`this proceeding. Petitioner Juniper Networks, Inc. has requested Mr. Fung
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`represent it in this proceeding. And counsel for Patent Owner doesn’t oppose
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`Mr. Fung appearing pro hac vice during this proceeding.
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`An affidavit (Ex. 1017) from Mr. Fung accompanies this Motion.5
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`Petitioner therefore respectfully requests that the Board recognize Mr. Fung as
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`counsel pro hac vice during this proceeding.
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`4 Juniper Networks, Inc. v. Swarm Technology LLC, IPR2021-01445, Paper 47
`(P.T.A.B. Dec. 7. 2022); Juniper Networks, Inc. v. Swarm Technology LLC,
`IPR2022-00141, Paper 30 (P.T.A.B. Jan. 19, 2023); Juniper Networks, Inc. v.
`Smart Path Connections, LLC, IPR2022-00240, Paper 17 (P.T.A.B. Aug. 11,
`2022).
`5 If the Board grants the present motion, Petitioner will file an updated power of
`attorney and mandatory notice as needed.
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`2
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`IPR2023-00554
`U.S. Patent No. 10,652,111
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`Respectfully submitted,
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`
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`/Kyle K. Tsui/
` Kyle K. Tsui
`Counsel for Petitioner
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`3
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`IPR2023-00554
`U.S. Patent No. 10,652,111
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`EXHIBIT LIST
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`Exhibit
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`Description
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`1001 U.S. Patent No. 10,652,111 to Barsheshet et al.
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`1002
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`File History of U.S. 10,652,111
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`1003
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`Curriculum Vitae of Samrat Bhattacharjee
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`1004 Declaration of Samrat Bhattacharjee
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`1005 U.S. Patent No. 9,264,400 to Lin et al.
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`1006 U.S. Patent Publication No. 2013/0291088 A1 to Shieh et al.
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`1007 U.S. Patent Publication No. 2013/0322242 A1 to Swenson et al.
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`1008
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`RFC 2460, Internet Protocol, Version 6 Specification
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`1009
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`1010
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`1011
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`A Survey of Software-Defined Networking: Past, Present, and Future
`of Programmable Networks (2014)
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`Complaint, Orckit Corporation v. Cisco Systems, Inc., Civil Action
`No. 2:22-cv-276-JRG-RSP (E.D. Tex, Jul. 22, 2022)
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`First Amended Docket Control Order, Orckit Corporation v. Cisco
`Systems, Inc., Civil Action No. 2:22-cv-276-JRG-RSP (E.D. Tex,
`Jan. 15, 2023)
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`1012
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`Interim Procedure for Discretionary Denials (June 21, 2022)
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`1013
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`Federal Case Management Statistics for E.D. Tex.
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`1014 Order Granting Reexamination No. 90/015,261
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`1015
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`Reply Declaration of Samrat Bhattacharjee, Ph.D.
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`1016 Deposition Transcript of Miguel Gomez dated March 21, 2024
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`1017 Affidavit of Ken K. Fung
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`IPR2023-00554
`U.S. Patent No. 10,652,111
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing UNOPPOSED
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`MOTION FOR PRO HAC VICE ADMISSION OF KEN K. FUNG and
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`accompanying exhibit were served via electronic mail to the following attorneys of
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`record for Patent Owner:
`James T. Carmichael, Stephen McBride, Minghui Yang
`CARMICHAEL IP, PLLC
`8607 Westwood Center Drive, Suite 270
`Tysons, VA 22182
`jim@carmichaelip.com; stevemcbride@carmichaelip.com;
`mitch@carmichaelip.com; Orckit-IPRs@carmichaelip.com
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`George Stamatopoulos
`KOBRE & KIM LLP
`800 Third Avenue
`New York, NY 10022
`George.Stamatopoulos@kobrekim.com
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`Michael Ng
`KOBRE & KIM LLP
`150 California Street, 19th Floor
`San Francisco, CA 94111
`Michael.Ng@kobrekim.com
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`Dated: June 14, 2024
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`Respectfully submitted,
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`
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`/Kyle K. Tsui/
`Kyle K. Tsui (Reg. No. 62,602)
`FISCH SIGLER LLP
`5301 Wisconsin Avenue NW
`Suite 400
`Washington, DC 20015
`Phone: 202.362.3527
`Email: kyle.tsui@fischllp.com
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