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` Paper ____
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` Date filed: February 21, 2018
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`Filed on behalf of: Nichia Corp.
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`By: Martin M. Zoltick, Lead Counsel
`Michael H. Jones, Back-up Counsel
`Mark T. Rawls, Back-up Counsel
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: mzoltick@rfem.com
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` mjones @rfem.com
` mrawls@rfem.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
` VIZIO INC.,
`Petitioner,
`
`v.
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`NICHIA CORP.,
`Patent Owner.
`_______________
`
`Case IPR2018-00386
`Patent 9,490,411
`_______________
`
`
`PATENT OWNER’S MOTION FOR ADMISSION
`PRO HAC VICE OF ROBERT P. PARKER
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`Case IPR2018-00386
`Patent 9,490,411
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I.
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`Relief Requested
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`
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`Pursuant to 37 C.F.R. § 42.10 and the Notice of Filing Date Accorded to
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`Petition and Time for Filing Patent Owner Preliminary Response, mailed
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`December 28, 2017 (Paper 3), Patent Owner Nichia Corp. (“Patent Owner”)
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`requests that the Board admit Robert P. Parker pro hac vice in this proceeding to
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`serve as back-up counsel.
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`II.
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`
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`Statement of Facts Showing There is Good Cause for the Board to
`Recognize Counsel Pro Hac Vice During the Proceeding
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
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`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. § 42.10(c) indicates that, “where lead counsel is a
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`registered practitioner, a motion to appear pro hac vice may be granted upon a
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`showing that counsel is an experienced litigating attorney and has an established
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`familiarity with the subject matter at issue in the proceeding.” The facts here
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`establish good cause for the Board to recognize Robert P. Parker pro hac vice
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`during this proceeding, so that he may participate in, inter alia, oral hearings,
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`depositions, and conferences with the Board.
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`2
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`
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`Case IPR2018-00386
`Patent 9,490,411
`Lead counsel, Martin M. Zoltick, is a registered practitioner.
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`Counsel, Robert P. Parker, is an experienced litigating attorney and
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`1.
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`2.
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`has an established familiarity with the subject matter at issue in the proceeding.
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`Accompanying this motion is the Declaration of Robert P. Parker in Support of
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`Patent Owner’s Motion for Admission Pro Hac Vice (“Parker Decl.”). Mr. Parker
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`is a member in good standing of the Bar of the District of Columbia, admitted to
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`practice in the United States District Courts for the District of Columbia and
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`Maryland and other federal district courts. Parker Decl., ¶ 2. Mr. Parker is also
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`admitted to practice in the United States Court of Appeals for the Federal Circuit.
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`Id. Mr. Parker has been litigating patent cases in the International Trade
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`Commission and in district courts since 1993. Id. at ¶ 3.
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`3. Mr. Parker is familiar with the subject matter at issue in this
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`proceeding. He is lead counsel for Patent Owner in a pending lawsuit involving
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`the patent at issue in this proceeding. Nichia Corp. v. Lowe’s Home Centers, LLC,
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`Case No. 2:16-cv-01455-JRG (E.D. Tex.). Parker Decl., ¶ 10. Mr. Parker was also
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`lead trial and appellate counsel for Patent Owner in a previous lawsuit involving
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`related U.S. Patent No. 8,530,250, Nichia Corp. v. Everlight Electronics Co., Ltd.
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`et al., Case No. 2:13-cv-702-JRG (E.D. Tex.), affirmed, Nos. 16-1585 & 16-1618
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`(Fed. Cir.). Id.
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`3
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`Case IPR2018-00386
`Patent 9,490,411
` 4. Mr. Parker attests to each of the listed items required by the “Order --
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`Authorizing Motion for Pro Hac Vice Admission in Case IPR2013-00639”
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`referenced in the Notice of Filing Date Accorded to Petition and Time for Filing
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`Patent Owner Preliminary Response, mailed December 28, 2017 (Paper 3). See
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`Parker Decl., ¶¶ 1-10.
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`5. Mr. Parker has read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42
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`of 37 C.F.R. Parker Decl., ¶ 7. Mr. Parker agrees to be subject to the USPTO
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`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a) and to be subject to the
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`USPTO Rules of Professional Conduct as set forth in Changes to Representation of
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`Others Before the United States Patent and Trademark Office; Final Rule, 78 Fed.
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`Reg. 20180 (Apr. 3, 2013) (effective May 3, 2013). Parker Decl., ¶ 8.
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`III. Conclusion
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`The requirements for admission pro hac vice being hereby established,
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`Patent Owner Nichia Corp., respectfully requests that the Board admit Robert P.
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`Parker pro hac vice in this proceeding.
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`4
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`Case IPR2018-00386
`Patent 9,490,411
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`Respectfully submitted,
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`/ Martin M. Zoltick /
`By:
`Date: February 21, 2018
`Martin M. Zoltick, Reg. No. 35,745
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`ROTHWELL, FIGG, ERNST &
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` MANBECK, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
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`Counsel for Patent Owner
`Nichia Corp.
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`5
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`CERTIFICATE OF SERVICE
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`Case IPR2018-00386
`Patent 9,490,411
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`I hereby certify that on this 21st day of February, 2018, a true and correct
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`copy of the foregoing PATENT OWNER’S MOTION FOR ADMISSION PRO
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`HAC VICE OF ROBERT P. PARKER was served, via electronic mail upon the
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`following counsel of record for Petitioner VIZIO Inc.:
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`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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`Gabrielle E. Higgins
`Kathryn N.S. Hong
`ROPES & GRAY LLP
`1900 University Avenue, 6th Floor
`East Palo Alto, CA 94303-2284
`Phone: 650-617-4000
`Facsimile: 650-566-4090
`Email: Gabrielle.Higgins@ropesgray.com
`Kathryn.Hong@ropesgray.com
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`
`6
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