`571-272-7822
`
` Paper 24
`Date: September 17, 2014
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BANK OF AMERICA, N.A.,
`Petitioner,
`v.
` INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Case CBM2014-00033
`Patent 7,260,587
`
`
`
` .
`
`
`
`THOMAS L. GIANNETTI, Administrative Patent Judge.
`
`
`
`
`
`
`
`ORDER
`Decision on Motions
`37 C.F.R. § 42.10
`
`
`
`Case CBM2014-00033
`Patent 7,260,587
`
`
`Petitioner has filed motions for pro hac vice admission of Michael
`Summersgill and Nina S. Tallon in this proceeding. Patent Owner did not
`oppose. The motions are granted.
`Pursuant to 37 C.F.R. § 42.10(c), the Board may recognize counsel
`pro hac vice during a proceeding upon a showing of good cause. In
`authorizing motions for pro hac vice, the Board requires the moving party to
`provide a statement of facts showing there is good cause for the Board to
`recognize counsel pro hac vice and an affidavit or declaration of the
`individual seeking to appear in this proceeding.
`In its motions, Petitioner states that there is good cause for the Board
`to recognize Mr. Summersgill and Ms. Tallon pro hac vice because they are
`experienced litigating attorneys familiar with subject matter of the
`proceeding and a members in good standing of the Massachusetts bar. Mr.
`Summersgill and Ms. Tallon have made a declarations attesting to, and
`explaining, these facts. The declarations comply with the requirements set
`forth in the Notice.
`Upon consideration, Petitioner has demonstrated that Mr.
`Summersgill and Ms.Tallon have sufficient legal and technical
`qualifications to represent Petitioner in this proceeding. Moreover, the
`Board recognizes that there is a need for Petitioner to have them be involved
`in this proceeding. Accordingly, Petitioner has established that there is good
`cause for admitting Mr. Summersgill and Ms. Tallon.
`It is therefore
`ORDERED that Petitioner’s motions for admission of Michael
`Summersgill and Nina S. Tallon pro hac vice are granted;
`FURTHER ORDERED that Petitioner is to continue to have a
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`2
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`Case CBM2014-00033
`Patent 7,260,587
`
`registered practitioner represent it as lead counsel for this proceeding;
`FURTHER ORDERED that Mr. Summersgill and Ms. Tallon are to
`comply with the Office Patent Trial Practice Guide and the Board’s Rules of
`Practice for Trials, as set forth in Part 42 of Title 37, Code of Federal
`Regulations; and
`FURTHER ORDERED that Mr. Summersgill and Ms. Tallon are
`subject to the Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a),
`and the USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§
`11.101 et seq.
`
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`
`
`
`PETITIONERS:
`Donald R. Steinberg
`Monica Grewal
`WILMER CUTLER PICKERING
`don.steinberg@wilmerhale.com
`monica.grewal@wilmerhale.com
`
`PATENT OWNER:
`Herbert D. Hart III
`Jonathan R. Sick
`Eligio C. Pimentel
`MCANDREWS, HELD & MALLOY, LTD.
`hhart@mcandrews-ip.com
`jsick@mcandrews-ip.com
`epimentel@mcandrews-ip.com
`
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