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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`INTEL CORP., CAVIUM, LLC., and DELL INC.,
`Petitioners,
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`v.
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`ALACRITECH, INC.,
`Patent Owner
`________________
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`Case IPR2018-002341
`U.S. Patent No. 8,805,948
`________________
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`PATENT OWNER’S UNOPPOSED MOTION FOR
`ADMISSION PRO HAC VICE OF SANFORD I. WEISBURST
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`1 Cavium, LLC (formerly Cavium, Inc.) (“Cavium”) which filed a Petition in
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`Case IPR2018-00403, and Dell Inc. (“Dell”), which filed a Petition in Case
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`IPR2018-01307, have been joined as petitioners in this proceeding.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Patent Owner Alacritech, Inc. (“Alacritech”) respectfully requests that the
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`Board recognize Sanford I. Weisburst, Esq. as pro hac vice counsel for Alacritech
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`in this proceeding. Mr. Weisburst is Alacritech’s counsel before the United States
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`Court of Appeals for Federal Circuit. Alacritech files this motion for Mr.
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`Weisburst to become “counsel of record” in IPR2018-00234 and to have access to
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`the protected information according to the Protective Order (Paper 33; Ex. 1400).
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`Petitioners have indicated that they do not oppose this motion.
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`I.
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` BACKGROUND
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`Alacritech’s Motion for Pro Hac Vice Admission is being filed pursuant to
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`and in compliance with the Notice of Filing Date Accorded to Petition and Time
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`Period for Filing Patent Owner Preliminary Response, which was filed December
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`6, 2017 (Paper No. 3) (the “Notice”). The Notice authorizes parties to file
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`motions for pro hac vice admission under 37 C.F.R. § 42.10(c). Further to the
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`Notice, such “motions shall be filed in accordance with the ‘Order– Authorizing
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`Motion for Pro Hac Vice Admission’ in Case IPR2013-00639” (the “Order”).
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`II. TIME OF FILING
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`This Motion for Pro Hac Vice Admission is being filed in accordance with
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`the Notice Authorizing the Filing of a Motion for Pro Hac Vice Admission, and is
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`filed greater than 21 days after that Notice.
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`III. STATEMENT OF FACTS
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`As required by the Order, the following statement of facts, supported by the
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`attached Declaration of Sanford I. Weisburst in Support of Motion for Pro Hac
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`Vice Admission (Ex. 2605), shows that there is good cause for the Patent Trial and
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`Appeal Board (“Board”) to recognize Mr. Weisburst pro hac vice in this
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`proceeding. As required by 37 C.F.R. § 42.10(c), Alacritech’s lead counsel, James
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`M. Glass, is a registered practitioner experienced in proceedings before the
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`USPTO.
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`Mr. Weisburst is an experienced litigation attorney. Mr. Weisburst has been
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`litigating cases for more than 20 years, and has been involved in numerous patent
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`litigation cases in federal courts. Mr. Weisburst’s experience includes representing
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`a wide range of clients in complex intellectual property and commercial litigation
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`in various Appellate and District Courts. This will be Mr. Weisburst’s first
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`appearance pro hac vice before the Board. Mr. Weisburst is a member in good
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`standing of the New York State Bar, with no suspensions or disbarments from
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`practice, nor any application for admission to practice denied, nor any sanctions or
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`contempt citations. Additionally, Mr. Weisburst is admitted to practice in:
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`the United States Court of Appeals: First Circuit, Second Circuit,
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`Third Circuit, Fourth Circuit, Sixth Circuit, Seventh Circuit, Eighth
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`Circuit, Ninth Circuit, Tenth Circuit, Eleventh Circuit, D.C. Circuit,
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`Federal Circuit;
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`the United States District Court: Eastern District of New York,
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`Northern District of New York, Southern District of New York.
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`Mr. Weisburst’s mailing address is: Quinn Emanuel Urquhart & Sullivan
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`LLP, 51 Madison Avenue, 22nd Floor, New York, New York 10010. His email
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`address is: sandyweisburst@quinnemanuel.com, and his direct dial is: (212) 849-
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`7170.
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`Mr. Weisburst has worked with lead counsel in most aspects of his
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`participation in the appeal proceedings of related petitions, including IPR2017-
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`01391,
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`IPR2017-01392,
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`IPR2017-01393,
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`IPR2017-01405,
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`IPR2017-01406,
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`IPR2017-01409, and IPR2017-01410. As such, he has reviewed and is very
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`familiar with (i) U.S. Patent No. 8,805,948, the patent at issue in this proceeding,
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`(ii) the prior art relied upon by Petitioner, (iii) the legal and factual arguments
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`made by Petitioner in the related inter partes reviews, as well as the legal and
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`factual arguments addressed by Alacritech; and (iv) the developments and relevant
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`briefs in this proceeding of the related inter partes reviews, as well as the
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`developments in related matters before the Board.
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`Even though Mr. Weisburst has not been involved in other proceedings
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`before the Board, he has fully familiarized himself with its established practices.
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`Accordingly, he has established familiarity with the subject matter at issue in these
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`proceedings and the conduct of these proceedings to date.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Mr. Weisburst has read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules for Practice for Trials set forth in part 42 of 37
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`C.F.R., and he agrees to be subject to the USPTO Rules of Professional Conduct
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`set forth in 37 C.F.R. §§ 11.01 et seq., and to disciplinary jurisdiction under 37
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`C.F.R. § 11.19(a).
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`IV. ANALYSIS
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`The facts contained in the Statement of Facts above, and contained in the
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`Weisburst Declaration, establish that there is good cause to admit Mr. Weisburst
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`pro hac vice in this proceeding under 37 C.F.R. § 42.10(c). Alacritech’s lead
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`counsel is a registered practitioner, Mr. Weisburst is an experienced litigating
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`attorney, and Mr. Weisburst has an established familiarity with the subject matter
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`at issue in these proceedings.
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`V. CONCLUSION
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`Therefore, Alacritech respectfully submits that there is good cause for the
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`Board to recognize Mr. Weisburst as Pro Hac Vice for Alacritech during these
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`proceedings. Alacritech’s Motion for Pro Hac Vice Admission is accompanied by
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`a Declaration of Mr. Weisburst (Ex. 2605) as required by the Order.
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`Date: November 19, 2019
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` Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that
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`PATENT OWNER’S UNOPPOSED MOTION FOR ADMISSION PRO HAC
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`VICE OF SANFORD I. WEISBURST was served on November 19, 2019 by
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`filing it through the Patent Review Processing System, as well as by e-mailing
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`copies to:
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`Garland T. Stephens (Reg. No. 37,242)
`garland.stephens@weil.com
`intel.alacritech.ipr@weil.com
`WEIL, GOTSHAL & MANGES LLP
`700 LOUISIANA, SUITE 1700
`HOUSTON, TX 77002-2784
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`Anne M. Cappella (Reg. No. 43,217)
`Adrian Percer (Reg. No. 46,986)
`Jeremy Jason Lang (Reg. No. 73,604)
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3141
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
`jason.lang@weil.com
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`David T. Xue
`Karineh Khachatourian
`RIMÔN LAW
`david.xue@rimonlaw.com
`karinehk@rimonlaw.com
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`Christopher Douglas
`Kirk Bradley
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Derek Neilson
`ALSTON & BIRD LLP
`christopher.douglas@alston.com
`kirk.bradley@alston.com
`derek.neilson@alston.com
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`Date: November 19, 2019
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`Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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