`_____________
`
`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 IPR2016-00127
`Patent 8,969,841
`_____________
`
`
`
`
`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. 2103). Mr. Tarud is a litigating attorney
`
`
`
`2
`
`
`
`
`
`with over 5 years of patent litigation experience. Ex. 2103 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 1, 2016
`PROSKAUER ROSE LLP
`One International Place
`Boston, Massachusetts 02110
`
`
`
`3
`
`
`
`
`
`
`
`Exhibit #
`
`PATENT OWNER’S EXHIBIT LIST
`
`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
`Declaration of Fabio E. Tarud in Support of Motion for
`Admission Pro Hac Vice
`
`
`
`2101
`
`2102
`
`2103
`
`1
`
`
`
`
`
`
`
`
`
`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 1st 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 1, 2016
`PROSKAUER ROSE LLP
`One International Place
`Boston, Massachusetts 02110
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