`Tel: 571-272-7822
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` Paper 7
`Entered: October 15, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, INC.
`Petitioner,
`
`v.
`
`PARALLEL IRON, LLC
`Patent Owner
`____________
`
`Case IPR2013-00639
`Patent 7,197,662
`____________
`
`Before SCOTT R. BOALICK, Vice Chief Administrative Patent Judge, and
`SALLY G. LANE, JEFFREY B. ROBERTSON, THOMAS L. GIANNETTI,
`GRACE KARAFFA OBERMANN, JENNIFER S. BISK, and MIRIAM L.
`QUINN, Administrative Patent Judges.
`
`BISK, Administrative Patent Judge.
`
`
`ORDER
`Authorizing Motion for Pro Hac Vice Admission
`37 C.F.R. § 42.10
`
`
`
`
`
`
`IPR2013-000639
`Patent 7,197,662
`
`
`
`On October 2, 2013, a Notice of Filing Date was entered in this proceeding
`
`authorizing the parties to file motions for pro hac vice admission. Paper 4
`(“Notice”). The Notice advised that such motions be filed in accordance with the
`“Order – Authorizing Motion for Pro Hac Vice Admission” in IPR2013-00010
`(MPT), Paper 6, dated October 15, 2012 (“Prior Order”). Notice 2. The Prior
`Order, however, was issued prior to the publication of the Final Rule adopting new
`Rules of Professional Conduct. See Changes to Representation of Others Before
`the United States Patent and Trademark Office; Final Rule, 78 Fed. Reg. 20180
`(Apr. 3, 2013). The Final Rule removes part 10 of title 37, Code of Federal
`Regulations (C.F.R.), referred to in the Prior Order. Prior Order 4. The changes
`set forth in the Final Rule including the USPTO Rules of Professional Conduct
`took effect on May 3, 2013. This order, therefore, updates and supersedes the
`Prior Order.
`
`Section 42.10(c) of 37 C.F.R. provides:
`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. For example, 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 Board authorizes both parties to file motions for pro hac vice admission
`under 37 C.F.R. § 42.10(c) as follows:
`
`1. Time for Filing
`The time for filing pro hac vice motions is no sooner than twenty one (21)
`days after service of the petition, which is the time for filing patent owner
`
`2
`
`
`
`
`IPR2013-000639
`Patent 7,197,662
`
`mandatory notices. Parties seeking to oppose a motion for pro hac vice admission
`must file their opposition no later than one week after the filing of the underlying
`motion. No reply to any opposition shall be filed unless authorized by the Board.
`
`2. Content of Motion
`A motion for pro hac vice admission must:
`a. Contain a statement of facts showing there is good cause for the Board to
`recognize counsel pro hac vice during the proceeding.
`b. Be accompanied by an affidavit or declaration of the individual seeking
`to appear attesting to the following:
`i. Membership in good standing of the Bar of at least one State or the
`District of Columbia;
`ii. No suspensions or disbarments from practice before any court or
`administrative body;
`iii. No application for admission to practice before any court or
`administrative body ever denied;
`iv. No sanctions or contempt citations imposed by any court or
`administrative body;
`v. The individual seeking to appear has read and will comply with the
`Office Patent Trial Practice Guide and the Board’s Rules of
`Practice for Trials set forth in part 42 of 37 C.F.R.;
`vi. The individual will 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);
`vii. All other proceedings before the Office for which the individual
`has applied to appear pro hac vice in the last three (3) years; and
`viii. Familiarity with the subject matter at issue in the proceeding.
`
`3
`
`
`
`
`IPR2013-000639
`Patent 7,197,662
`
`
`c. Where the affiant or declarant is unable to provide any of the information
`requested above in part 2(b) or make any of the required statements or
`representations under oath, the individual should provide a full
`explanation of the circumstances as part of the affidavit or declaration.
`
`
`
`
`
`
`PETITIONER:
`
`Michael L. Kiklis
`cpdocketkiklis@oblon.com
`
`Scott McKeown
`cpdocketmckeown@oblon.com
`
`
`PATENT OWNER:
`
`Tarek N. Fahmi
`tarek.fahmi@fseip.com
`
`Amy J. Embert
`amy.embert@fseip.com
`
`
`4
`
`
`
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