Paper No.
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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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`CISCO SYSTEMS, INC.,
`Petitioner,
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`v.
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`SPHERIX INC.,
`Patent Owner
`____________________________________________
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`Case IPR2015-00999
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`Patent 7,397,763
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`____________________________________________
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`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10(C)
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`SPHERIX INC.,
`Patent Owner
`____________________________________________
`
`
`Case IPR2015-00999
`
`Patent 7,397,763
`
`____________________________________________
`
`PETITIONER’S MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10(C)
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2015-00999 (Patent 7,397,763)
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`Cisco Systems, Inc. respectfully moves that the Board recognize Mr.
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`Michael De Vries and Mr. Adam Alper as counsel pro hac vice during this
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`proceeding.
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`1. Time for Filing
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`This Motion for Pro Hac Vice Admission is being filed no sooner than
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`twenty one (21) days after service of the Petition. See Notice of Filing Date,
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`IPR2015-00999, paper no. 3, at 2.
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`2. Statement of Facts Showing Good Cause for Counsel Pro Hac Vice
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`Petitioner has been authorized to file motions seeking admission pro hac
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`vice under 37 C.F.R. 42.10(c). Id. Petitioner’s lead and back-up counsel are
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`registered practitioners:
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`Lead Counsel: David L. McCombs, USPTO Reg. No. 32,271;
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`Backup Counsel: Theodore M. Foster, USPTO Reg. No. 57,456; and
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`Michael S. Parsons, USPTO Reg. No. 58,767.
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`The following statement of facts shows that there is good cause for the
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`Board to recognize Mr. De Vries and Mr. Alper pro hac vice on behalf of
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`Petitioner.
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`Mr. De Vries and Mr. Alper are experienced litigators that have established
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`familiarity with the subject matter at issue in this proceeding from their
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`representation of the Petitioner in Spherix Inc. v. Cisco Systems Inc., Case No.
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`-2-
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2015-00999 (Patent 7,397,763)
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`1:14-cv-00393-SLR (D. Del. filed March 28, 2014) (“the co-pending litigation”),
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`where the ’763 patent is being asserted against the Petitioner. The co-pending
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`litigation involves the same subject patent, and if admitted, Mr. De Vries and Mr.
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`Alper will be involved in the depositions that occur in this proceeding.
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`Mr. De Vries and Mr. Alper have analyzed prior art references and claim
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`charts in connection with invalidity contentions and have been involved in forming
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`claim construction positions related to the claimed inventions, all of which are
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`relevant to this inter partes review proceeding. Petitioner wishes to apply Mr. De
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`Vries’s and Mr. Alper’s knowledge of the patent by employing them as counsel in
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`this proceeding. Admission of Mr. De Vries and Mr. Alper pro hac vice will enable
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`Petitioner to avoid unnecessary expense and duplication of work between this
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`proceeding and the co-pending litigation.
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`Petitioner’s lead and backup counsel are registered practitioners and Mr. De
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`Vries and Mr. Alper are experienced litigation attorneys having familiarity with the
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`subject matter at issue in this proceeding. Therefore, Petitioner respectfully
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`submits that there is good cause for the Board to recognize Mr. De Vries and Mr.
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`Alper as counsel pro hac vice during this proceeding.
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`-3-
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2015-00999 (Patent 7,397,763)
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`3. Declarations of Individuals Seeking to Appear
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`This Motion for Pro Hac Vice Admission is supported by the Declarations
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`of Mr. De Vries and Mr. Alper (Exs. 1011 and 1012).
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`Respectfully submitted,
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`/David L. McCombs/
`David L. McCombs
`Registration No. 32,217
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`Dated: May 26, 2015
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`HAYNES AND BOONE, LLP
`Customer No. 27683
`Telephone: 972/739-8636
`Facsimile: 214/200-0853
`Attorney Docket No.: 43614.255
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2015-00999 (Patent 7,397,763)
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`PETITIONER’S UPDATED EXHIBIT LIST
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`May 26, 2015
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`Ex. 1001 U.S. Patent No. 7,397,763 to Bradd
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`Ex. 1002 Prosecution File History of U.S. Patent App. No. 10/034,521 (the
`parent of the ’763 patent)
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`Ex. 1003 Prosecution File History of U.S. Patent No. 7,397,763
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`Ex. 1004 Declaration of Dr. Oliver Ibe under 37 C.F.R. § 1.68
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`Ex. 1005 U.S. Patent No. 6,907,004 to Ramsey et al.
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`Ex. 1006 Cisco Media Convergence Server 7830 Data Sheet, as archived by
`the Wayback Machine on Oct. 27, 2000, available at
`https://web.archive.org/web/20001027155717/http://www.cisco.
`com/warp/public/cc/pd/mxsv/mxcvsr/prodlit/mcs78_ds.htm
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`Ex. 1007 Scott Keagy, INTEGRATING VOICE AND DATA NETWORKS (2000),
`selected pages
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`Ex. 1008 U.S. Patent No. 7,260,060 to Abaye et al.
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`Ex. 1009 Copyright record for Ex. 1007
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`Ex. 1010 Dated version of Cisco Media Convergence Server 7830, Ex. 1006
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`Ex. 1011 Declaration of Mr. Adam R. Alper in support of Motion for Pro Hac
`Vice Admission
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`Ex. 1012 Declaration of Mr. Michael W. De Vries in support of Motion for Pro
`Hac Vice Admission
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`-5-
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`Petitioner’s Motion for Pro Hac Vice Admission
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`IPR2015-00999 (Patent 7,397,763)
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that I
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`caused to be served a true and correct copy of the foregoing “PETITIONER’S
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`MOTION FOR PRO HAC VICE ADMISSION PURSUANT TO 37 C.F.R. §
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`42.10(C)” as detailed below:
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`Date of service May 26, 2015
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`Manner of service Electronic Mail to: DMcphail@cozen.com; and
`CWischhusen@cozen.com
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`Documents served PETITIONERS’ MOTION FOR PRO HAC VICE
`ADMISSION PURSUANT TO 37 C.F.R. § 42.10(C);
`Petitioner’s Updated Exhibit List; and
`Exhibits 1011-1012.
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`COZEN O’CONNOR
`1627 I Street NW, Suite 1100
`Washington, DC 20006
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`Persons served
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`/David L. McCombs/
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`David L. McCombs
`Registration No. 32,217
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`-6-
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