`
`
`
`
`
` Paper ____
`
` Date filed: April 16, 2018
`
`Filed on behalf of: Nichia Corp.
`
`
`
`
`By: Martin M. Zoltick, Lead Counsel
`
`Robert P. Parker, Back-up 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
`
` rparker@rfem.com
` mjones@rfem.com
` mrawls@rfem.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
` VIZIO, INC.,
`Petitioner,
`
`v.
`
`NICHIA CORP.,
`Patent Owner.
`_______________
`
`Case IPR2018-00386
`Patent 9,490,411
`_______________
`
`
`PATENT OWNER’S MOTION FOR ADMISSION
`PRO HAC VICE OF DEREK F. DAHLGREN
`
`
`
`Case IPR2018-00386
`Patent 9,490,411
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`I.
`
`Relief Requested
`
`
`
`Pursuant to 37 C.F.R. § 42.10 and the Notice of Filing Date Accorded to
`
`Petition and Time for Filing Patent Owner Preliminary Response, mailed
`
`December 28, 2017 (Paper 3), Patent Owner Nichia Corp. (“Patent Owner”)
`
`requests that the Board admit Derek F. Dahlgren pro hac vice in this proceeding to
`
`serve as back-up counsel.
`
`II.
`
`
`
`Statement of Facts Showing There is Good Cause for the Board to
`Recognize Counsel Pro Hac Vice During the Proceeding
`
`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
`
`pro hac vice during a proceeding upon a showing of good cause, subject to the
`
`condition that lead counsel be a registered practitioner and to any other conditions
`
`as the Board may impose. § 42.10(c) indicates that, “where lead counsel is a
`
`registered practitioner, a motion to appear pro hac vice may be granted upon a
`
`showing that counsel is an experienced litigating attorney and has an established
`
`familiarity with the subject matter at issue in the proceeding.” The facts here
`
`establish good cause for the Board to recognize Derek F. Dahlgren pro hac vice
`
`
`
`2
`
`
`
`during this proceeding, so that he may participate in, inter alia, oral hearings,
`
`Case IPR2018-00386
`Patent 9,490,411
`
`
`depositions, and conferences with the Board.
`
`1.
`
`2.
`
`Lead counsel, Martin M. Zoltick, is a registered practitioner.
`
`Counsel, Derek F. Dahlgren, is an experienced litigating attorney and
`
`has an established familiarity with the subject matter at issue in the proceeding.
`
`Accompanying this motion is the Declaration of Derek F. Dahlgren in Support of
`
`Petitioner’s Motion for Admission Pro Hac Vice (“Dahlgren Decl.”). Mr.
`
`Dahlgren is a member in good standing of the Bars of the District of Columbia and
`
`the State of Virginia (inactive), and is admitted to practice in the United States
`
`District Court for the District of Columbia. Dahlgren Decl., ¶ 2. Mr. Dahlgren is
`
`also admitted to practice in the United States Court of Appeals for the Federal
`
`Circuit. Id. Mr. Dahlgren served as a law clerk to then-Chief Judge Randall R.
`
`Rader at the United States Court of Appeals for the Federal Circuit. Id. at ¶ 3.
`
`Except for a one year period during his clerkship at the Federal Circuit, Mr.
`
`Dahlgren has been litigating patent cases since 2010. Id. at ¶ 4. Prior to that, Mr.
`
`Dahlgren served as a full-time law clerk working on various patent matters under
`
`the supervision of attorneys. Id.
`
`3. Mr. Dahlgren is familiar with the subject matter at issue in this
`
`proceeding by virtue of his work on the various Inter Partes Review cases filed
`
`
`
`3
`
`
`
`against Patent Owner on U.S. Patent No. 9,490,411 and related patents. Dahlgren
`
`Case IPR2018-00386
`Patent 9,490,411
`
`
`Decl., ¶ 11.
`
` 4. Mr. Dahlgren attests to each of the listed items required by the “Order
`
`-- Authorizing Motion for Pro Hac Vice Admission in Case IPR2013-00639”
`
`referenced in the Notice of Filing Date Accorded to Petition and Time for Filing
`
`Patent Owner Preliminary Response, mailed December 28, 2017 (Paper 3). See
`
`Dahlgren Decl., ¶¶ 1-11.
`
`5. Mr. Dahlgren has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42
`
`of 37 C.F.R. Dahlgren Decl., ¶ 8. Mr. Dahlgren agrees to be subject to the
`
`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a) and to be subject to the
`
`USPTO Rules of Professional Conduct as set forth in Changes to Representation of
`
`Others Before the United States Patent and Trademark Office; Final Rule, 78 Fed.
`
`Reg. 20180 (Apr. 3, 2013) (effective May 3, 2013). Dahlgren Decl., ¶ 9.
`
`III. Conclusion
`
`The requirements for admission pro hac vice being hereby established,
`
`Patent Owner Nichia Corp., respectfully requests that the Board admit Derek F.
`
`Dahlgren pro hac vice in this proceeding.
`
`
`
`
`
`4
`
`
`
`Case IPR2018-00386
`Patent 9,490,411
`
`
`Respectfully submitted,
`
`
`
`
`/ Martin M. Zoltick /
`By:
`
`Date: April 16, 2018
`Martin M. Zoltick, Reg. No. 35,745
`
`
`
`
`
`ROTHWELL, FIGG, ERNST &
`
`
`
`
`
` MANBECK, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`
`Counsel for Patent Owner
`Nichia Corp.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`CERTIFICATE OF SERVICE
`
`Case IPR2018-00386
`Patent 9,490,411
`
`
`I hereby certify that on this 16th day of April, 2018, a true and correct copy
`
`of the foregoing PATENT OWNER’S MOTION FOR ADMISSION PRO HAC
`
`VICE OF DEREK F. DAHLGREN was served, via electronic mail, upon the
`
`following counsel for Petitioner Vizio, Inc.:
`
`
`
`
`
`Gabrielle E. Higgins
`James L. Davis
`Christopher M. Bonny
`ROPES & GRAY LLP
`1900 University Avenue, 6th Floor
`East Palo Alto, CA 94303-2284
`Phone: 650-617-4000
`Facsimile: 650-566-4090
`Emails: Gabrielle.Higgins@ropesgray.com
`James.L.Davis@ropesgray.com
`Christopher.Bonny@ropesgray.com
`
`
`6
`
`
`
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
`
`
`
`
`
`
`
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
