`Tel: 571-272-7822 Entered: January 18, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`HBAC MATCHMAKER MEDIA, INC.,
`Patent Owner.
`_______________
`
`Case CBM2016-00097
`Patent 6,002,393
`_______________
`
`
`
`Before TRENTON A. WARD, GEORGIANA W. BRADEN,
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`
`
`BRADEN, Administrative Patent Judge.
`
`ORDER
`Petitioner’s Motion for Pro Hac Vice Admission of
`Brian A. Rosenthal
`
`
`
`
`
`
`
`CBM2016-00097
`Patent 6,002,393
`
`Petitioner Google, Inc. filed a motion pursuant to 37 C.F.R. § 42.10(c)
`for Brian A. Rosenthal to appear pro hac vice on its behalf before the Patent
`Trial and Appeal Board in this proceeding. See Paper 10. Patent Owner did
`not filed an opposition.
`Pursuant to 37 C.F.R. § 42.10(c), we 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. A motion for pro
`hac vice admission must contain a statement of facts showing there is good
`cause for us to recognize counsel pro hac vice during the proceeding and be
`accompanied by an affidavit or declaration of the individual seeking to
`appear. See Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639,
`slip op. at 3–4 (PTAB Oct. 15, 2013) (Paper 7) (setting forth the
`requirements for pro hac vice admission).
`In his declaration, Mr. Rosenthal states he has familiarity with the
`subject matter at issue in this proceeding. Ex. 1036 ¶ 9. In addition, Mr.
`Rosenthal’s declaration complies with the other requirements for pro hac
`vice admission. Id. ¶¶ 1–9; see Unified Patents, slip op. at 3–4.
`Having reviewed Mr. Rosenthal’s declaration, we determine that Mr.
`Rosenthal has sufficient qualifications to represent Petitioner in this
`proceeding. Additionally, we determine Petitioner has shown good cause
`for Mr. Rosenthal’s pro hac vice admission in this proceeding.
`
`
`ORDER
`
`ORDERED that Petitioner’s motion for pro hac vice admission of
`Brian A. Rosenthal is granted, and Mr. Rosenthal is authorized to represent
`Petitioner only as back-up counsel in this proceeding;
`
`
`
`CBM2016-00097
`Patent 6,002,393
`
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner as lead counsel in this proceeding;
`FURTHER ORDERED that Mr. Rosenthal is to comply with the
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`Trials, as set forth in Title 37, Part 42 of the Code of Federal Regulations;
`and
`
`FURTHER ORDERED that Mr. Rosenthal is subject to the USPTO’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO’s Rules
`of Professional Conduct set forth at 37 C.F.R. §§ 11.101–11.901.
`
`
`
`CBM2016-00097
`Patent 6,002,393
`
`For PETITIONER:
`
`Saqib J. Siddiqui
`ssiddiqui@mayerbrown.com
`
`Brian A. Rosenthal
`brosenthal@mayerbrown.com
`
`
`
`
`
`For PATENT OWNER:
`
`Wayne M. Helge
`whelge@dbjg.com
`
`Aldo Noto
`anoto@dbjg.com