`Trials@uspto.gov
`571-272-7822
`
`Date Entered: April 13, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TICKETNETWORK, INC.,
`Petitioner,
`
`v.
`
`CEATS, LLC,
`Patent Owner.
`____________
`
`Case CBM2018-00004
`Patent 8,229,774 B2
`____________
`
`Before MICHAEL W. KIM, WILLIAM V. SAINDON, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`
`
`ORDER
`Patent Owner’s Motion for Pro Hac Vice
`Admission of David W. Affeld
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`
`
`
`
`
`
`CBM2018-00004 (Patent 8,229,774 B2)
`
`
`Patent Owner filed a motion for pro hac vice admission of David W.
`Affeld. (Paper 8; “Motion”). Petitioner has not filed an opposition to the
`Motion. A Declaration of David W. Affeld in Support of Motion for
`Admission Pro Hac Vice (Paper 9; “Declaration”) was submitted with the
`Motion. For the reasons provided below, Patent Owner’s Motion is 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, subject to
`the condition that lead counsel be a registered practitioner. In authorizing a
`motion for pro hac vice admission, 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 this proceeding, lead counsel for Patent Owner, Brian Billett, a
`registered practitioner, filed the Motion. Motion 3. In the Motion, Patent
`Owner states there is good cause for the Board to recognize Mr. Affeld pro
`hac vice during this proceeding, because he represents Patent Owner in
`related litigation brought by Patent Owner. Id. at 3. The Motion further
`asserts that Mr. Affeld is familiar with the subject matter of U.S. Patent No.
`8,229,774 B2 (“the ’774 patent”). Id. at 2.
`In the Declaration, Mr. Affeld attests that he is an experienced
`attorney familiar with the subject matter of the ’774 patent.
`Declaration ¶¶ 4, 10. Mr. Affeld further declares that he has never been
`suspended or disbarred by any court or administrative body (id. ¶ 5), has not
`been denied for admission to practice before any court or administrative
`body (id. ¶ 6), and has not been sanctioned or cited for contempt by any
`court or administrative body (id. ¶ 5).
`
`2
`
`
`
`
`
`
`CBM2018-00004 (Patent 8,229,774 B2)
`
`
`Mr. Affeld further states that he has read and will comply with the
`Office Patent Trial Practice Guide and the Board’s rules as set forth in
`37 C.F.R. § 42 (id. ¶ 7), and agrees to be subject to the USPTO Rules of
`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a) (id. ¶ 8).
`It is
`ORDERED that Patent Owner’s Motion (Paper 8) for pro hac vice
`admission of David W. Affeld is granted;
`FURTHER ORDERED that Patent Owner shall continue to have a
`registered practitioner represent it as lead counsel for the instant proceeding;
`FURTHER ORDERED that Mr. Affeld shall 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. Affeld shall be 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.
`
`
`For Petitioner:
`
`P. Weston Musselman, Jr.
`Ricardo J. Bonilla
`FISH & RICHARDSON P.C.
`musselman@fr.com
`rbonilla@fr.com
`
`For Patent Owner:
`Brian Billett
`bsbillett@gmail.com
`
`
`3
`
`
`
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