UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND
`QIOPTIQ PHOTONICS GMBH & CO. KG,
`Petitioner,
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`_____________
`
`Case IPR2015-01279
`Patent 7,786,455
`_____________
`
`
`
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`ENERGETIQ TECHNOLOGY, INC.’S MOTION FOR
`PRO HAC VICE ADMISSION OF FABIO E. TARUD
`
`
`
`
`
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND
`QIOPTIQ PHOTONICS GMBH & CO. KG,
`Petitioner,
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`_____________
`
`Case IPR2015-01279
`Patent 7,786,455
`_____________
`
`
`
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`ENERGETIQ TECHNOLOGY, INC.’S MOTION FOR
`PRO HAC VICE ADMISSION OF FABIO E. TARUD
`
`
`
`
`
`
`
`
`
`I.
`
`Statement of Precise Relief Requested
`
`Pursuant to 37 C.F.R. § 42.10, Patent Owner Energetiq Technology, Inc.
`
`(“Energetiq”) requests that the Board admit Fabio E. Tarud pro hac vice in this
`
`proceeding.
`
`II. Good Cause Exists 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. More specifically, 37 C.F.R. § 42.10(c) indicates that
`
`“where the lead counsel is a registered practitioner, a motion to appear pro hac vice
`
`by counsel who is not a registered practitioner may be granted upon 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 Fabio E. Tarud pro hac vice during this proceeding.
`
`Lead Counsel, Steven M. Bauer, is a registered practitioner, having USPTO
`
`Registration No. 31,481.
`
`Counsel, Fabio E. Tarud, is an experienced patent litigator and has an
`
`established familiarity with the subject matter at issue in the proceeding.
`
`Accompanying this motion is the Declaration of Fabio E. Tarud in Support of
`
`Motion for Admission Pro Hac Vice (Ex. 2088). Mr. Tarud is a litigating attorney
`
`
`
`2
`
`
`
`
`
`with over 5 years of patent litigation experience. Ex. 2088 at ¶¶ 9-10. He is a
`
`member in good standing with the Bar of the State of New York. Id. at ¶ 2. He
`
`has never been suspended, disbarred, sanctioned, denied admission to practice, or
`
`cited for contempt by any court or administrative body. Id. at ¶¶ 3-5. Mr. Tarud is
`
`familiar with the subject matter at issue, and his technical experience will aid
`
`Energetiq in this proceeding. Id. at ¶ 11. He also satisfies the remaining
`
`conditions for admissibility identified by the Board. See Id. at ¶¶ 6-8.
`
`III. Conclusion
`For the foregoing reasons, Energetiq respectfully requests that the Board
`
`admit Fabio E. Tarud pro hac vice in this proceeding.
`
`
`
`
`
`
`Respectfully submitted,
`Proskauer Rose LLP
`
`
`
`
`
`
`/ Steven M. Bauer /
`
`
`Steven M. Bauer, Reg. No. 31,481
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: April 4, 2016
`PROSKAUER ROSE LLP
`One International Place
`Boston, Massachusetts 02110
`
`
`
`3
`
`
`
`
`
`
`
`PATENT OWNER’S EXHIBIT LIST
`
`2001
`
`Exhibit # Document
`Declaration of Safraz W. Ishmael in Support of Motion for
`Admission Pro Hac Vice
`Declaration of Jinnie L. Reed in Support of Motion for Admission
`Pro Hac Vice
`2002
`2003-2005 <Reserved>
`2006 J. Gary Eden Dep. Transcript Excerpts
`2007 Raizer, Gas Discharge Physics, pp. 35-51, 306-310 (1st ed. 1991)
`2008 <Reserved>
`“Photon Source, Metrology Apparatus, Lithographic System and
`Device Manufacturing Method,” U.S. Pub. No. US 2013/0329204
`A1 (December 12, 2013)
`2009
`2010 Bucksbaum Declaration
`Raizer, Gas Discharge Physics, pp. 35-51, 306-310 (Corrected 2nd
`Printing 1997)
`2011
`2012 <Reserved>
`Zimakov et al., "Interaction of Near-IR Laser Radiation with Plasma
`of a Continuous Optical Discharge," Plasma Physics Reports, Vol.
`42, No. 1 (2016)
`2013
`2014-2015 <Reserved>
`2016 Smith Declaration
`2017-2019 <Reserved>
`Rudoy et al., "Xenon Plasma Sustained by Pulse-Periodic Laser
`Radiation," Plasma Physics Reports Vol. 41, No. 10 (2015)
`(“Rudoy”)
`Eden Depo Ex. 5 (Knecht et al., “Optical pumping of the XeF(C-+A)
`and iodine 1.315-μm lasers by a compact surface discharge system,”
`Optical Engineering, Vol. 42, No. 12 (2003))
`Fridman et al., Plasma Physics and Engineering, pp. 404-419, 618-
`619 (1st ed. 2004)
`Webster’s Third New International Dictionary of the English
`Language, Unabridged , “Sustain,” p. 2304 (2002)
`2023
`2024 Merriam-Webster Dictionary, “Sustain,” pp. 722 (2004)
`The American Heritage Dictionary of the English Language,
`“Sustain,” p. 1744 (4th ed. 2006)
`
`2020
`
`2021
`
`2022
`
`2025
`
`
`
`1
`
`
`
`
`
`2045
`
`2048
`
`2049
`
`Exhibit # Document
`2026 Curriculum vitae of Donald K. Smith
`2027-2028 <Reserved>
`Zimakov et al., "Bistable behavior of a continuous optical discharge
`as a laser beam propagation effect" (2013)
`2029
`2030-2044 <Reserved>
`I.N. Toumanov, “General Analysis of Plasma Technique in
`Chemical Technology and Metallurgy,” Plasma and High Frequency
`Processes for Obtaining and Processing Materials in the Nuclear
`Fuel Cycle, p. 60 (2003)
`Fridman et al., Plasma Physics and Engineering, pp. 409-424, 639-
`640 (2nd ed. 2011)
`2046
`2047 Laser Focus, p. 108 (Dec. 1985)
`Tidwell et al., "Highly efficient 60-W TEM00 cw diode-end-pumped
`Nd:YAG laser," Optics Letters, Vol. 18, No. 2, (1993)
`Shine et al., "40-W cw, TEM00-mode, diode-laser-pumped, Nd:YAG
`miniature-slab laser," Optics Letters, Vol. 20, No. 5, (1995)
`Schöne et al., "Diode-Pumped High-Power cw Nd:YAG Lasers,"
`Laser in Forschung und Technik (1996)
`2050
`2051 Optics & Photonics News, January 1999
`2052-2071 <Reserved>
`M. W. P. Cann, Light Sources in the 0.15-20-μ Spectral Range, Vol.
`8 No. 8 Applied Optics (1969)
`Solarz, “Coherent DUV Illumination for Semiconductor Wafer
`Inspection,” U.S. Patent No. 7,295,739 (Nov. 13, 2007)
`2073
`2074 Curriculum Vitae of Philip H. Bucksbaum
`Smith, “High Brightness Laser-Driven Light Source,” U.S. Patent
`No. 9,048,000 (Jun. 2,2015)
`2075
`2076 LuxteL, Ceralux Xenon Arc Lamps (2003-2004)
`Jain, “High-Brightness, Compact Illuminator with Integrated Optical
`Elements,” U.S. Patent No. 7,390,116 (Jun. 24, 2008)
`2077
`2078 <Reserved>
`Xu, “High Brightness Light Source Using Light Emitting Devices of
`Different Wavelengths and Wavelength Conversion,” U.S. Patent
`No. 7,744,241(Jun. 29, 2010)
`
`2072
`
`2079
`
`
`
`2
`
`
`
`
`
`2080
`
`2081
`
`Exhibit # Document
`Beeson, “Illumination Systems Utilizing Light Emitting Diodes and
`Light Recycling to Enhance Output Radiance,” U.S. Patent No.
`6,960,872 (Nov. 1, 2005)
`Cremers et al., “Evaluation of the continuous optical discharge for
`spectrochemical analysis,” Spectrochimica Acta, Vol. 40B, No. 4,
`pp. 665- 679 (1985)
`D. Keefer, “Laser Sustained Plasmas,” Chapter in Radziemski et al.,
`Laser-Induced Plasmas and Applications, pp. 169-206, CRC Press
`(1989)
`2082
`2083 <Reserved>
`Webster’s Third New International Dictionary of the English
`Language, Unabridged , “On,” p. 1574-5 (2002)
`The American Heritage Dictionary of the English Language, “On,”
`p. 1228 (4th ed. 2006)
`Yu, “LED-Based Projection Systems,” J. of Display Tech, Vol. 3,
`No. 3 (Sept. 2007)
`Derra et al., “UHP lamp systems for projection applications ,” J.
`Phys. D: Appl. Phys. 38 at 2996 (2005)
`Declaration of Fabio E. Tarud in Support of Motion for Admission
`Pro Hac Vice
`
`
`
`2084
`
`2085
`
`2086
`
`2087
`
`2088
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`Respectfully submitted,
`Proskauer Rose LLP
`
`/ Gerald E. Worth /
`Gerald E. Worth, Reg. No. 45, 238
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`
`I hereby certify that on this 4th day of April, 2016 copies of this Motion for
`Pro Hac Vice Admission of Fabio E. Tarud, the Declaration of Fabio E. Tarud in
`Support of Motion for Admission Pro Hac Vice, and Exhibit list are being served
`pursuant to 37 C.F.R. § 42.6 electronically (by consent of the parties) on the
`following email addresses for Petitioner:
`
`Don.Steinberg@wilmerhale.com
`David.Cavanaugh@wilmerhale.com
`MichaelH.Smith@wilmerhale.com
`
`
`
`
`
`
`
`
`
`
`Date: April 4, 2016
`PROSKAUER ROSE LLP
`One International Place
`Boston, Massachusetts 02110
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