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Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`Paper 42
`Entered: October 7, 2013
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MOTOROLA MOBILITY LLC
`Petitioner,
`
`v.
`
`ARNOUSE DIGITAL DEVICES CORPORATION
`Patent Owner.
`_______________
`
`Case IPR2013-00010
`Patent 7,516,484
`_______________
`
`
`Before MICHAEL P. TIERNEY, JONI Y. CHANG, and
`WILLIAM V. SAINDON, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`
`
`DECISION
`Patent Owner’s Motion for Pro Hac Vice Admission of
`Mr. Geoffrey H. Hand
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`
`

`

`Case IPR2013-00010
`Patent 7,516,484
`
`
`DISCUSSION
`
`Patent Owner Arnouse Digital Devices Corporation (hereinafter “ADDC”)
`
`filed a motion for pro hac vice admission of Mr. Geoffrey H. Hand. Paper 35. The
`
`motion is unopposed. For the reasons provided below, ADDC’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 its Order authorizing motions for
`
`pro hac vice admission, the Board required 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. Paper 6. 1
`
`In this proceeding, lead counsel for ADDC, Justin W. McCabe, is a
`
`registered practitioner. ADDC’s motion indicates that there is good cause for the
`
`Board to recognize Mr. Hand pro hac vice during this proceeding, supported by the
`
`affidavit of Mr. Hand. In particular, Mr. Hand attests that he is an experienced
`
`litigation attorney. Paper 35 at 5.2 Mr. Hand also attests that he has established
`
`familiarity with the subject matter at issue in the instant proceeding as well as the
`
`concurrent litigation. Id. Additionally, Mr. Hand’s affidavit complies with the
`
`requirements set forth in the Board’s order authorizing motions for pro hac vice
`
`admission. Id. at 4-5; see Paper 6.
`
`In the present case, additional considerations are warranted. ADDC’s
`
`original council was granted leave to withdraw. Paper 30. ADDC’s original
`
`council also represented ADDC in the concurrent litigation. See id. at 5. Mr.
`
`
`1 Paper 6 is listed in PRPS as document numbers 7 and 8.
`2 Mr. Hand’s affidavit should have been filed as a separate exhibit. 37 C.F.R.
`§ 42.63(a).
`
` 2
`
`
`
`
`
`

`

`Case IPR2013-00010
`Patent 7,516,484
`
`
`Arnouse, the inventor and CEO of ADDC, requested to represent ADDC pro se or
`
`pro hac vice but this request was denied. Id. at 6-7. Shortly thereafter, Mr.
`
`McCabe, a registered practitioner, was appointed as ADDC’s attorney. Paper 32.
`
`Under the totality of the circumstances, we determine that Mr. Hand has
`
`sufficient qualifications to represent ADDC in the instant proceeding.
`
`Accordingly, ADDC has established that there is good cause for Mr. Hand’s
`
`admission.
`
`
`
`It is:
`
`ORDER
`
`ORDERED that ADDC’s motion for pro hac vice admission of Geoffrey H.
`
`Hand is granted; Mr. Hand is authorized to represent ADDC as back-up counsel in
`
`the instant proceeding;
`
`FURTHER ORDERED that ADDC is to continue to have a registered
`
`practitioner represent it as lead counsel for the instant proceeding;
`
`FURTHER ORDERED that Mr. Hand is 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. Hand is to 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.
`
` 3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Case IPR2013-00010
`Patent 7,516,484
`
`
`PETITIONER:
`
`Ko-Fang Chang
`kchang@kilpatricktownsend.com
`
`
`
`
`
`
`PATENT OWNER:
`
`Justin McCabe
`jmccabe@dunkielsaunders.com
`
`
`Geoff Hand
`ghand@dunkielsaunders.com
`
`
` 4
`
`
`
`
`
`
`
`
`
`
`
`

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