`571-272-7822 Date Entered: October 16, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`APPLE INC.,
`Petitioner,
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`v.
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`VIRNETX INC.,
`Patent Owner.
`_______________
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`Case IPR2015-00866 (Patent 8,458,341 B2)
`Case IPR2015-00868 (Patent 8,516,131 B2)
`Case IPR2015-00870 (Patent 8,560,705 B2)
`Case IPR2015-00871 (Patent 8,560,705 B2)
`_______________
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`
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`Before KARL D. EASTHOM, JENNIFER S. BISK, and
`GREGG I. ANDERSON, Administrative Patent Judges.
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`ANDERSON, Administrative Patent Judge.
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`ORDER
`Granting Petitioner’s Motion for Admission
`Pro Hac Vice — Scott M. Border
`37 C.F.R. § 42.10
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`Case IPR2015-00866 (Patent 8,458,341 B2)
`Case IPR2015-00868 (Patent 8,516,131 B2)
`Case IPR2015-00870 (Patent 8,560,705 B2)
`Case IPR2015-00871 (Patent 8,560,705 B2)
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`Petitioner, Apple Inc., filed a Motion for Admission Pro Hac Vice of
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`Scott M. Border, which was accompanied by Exhibit 1056, a declaration of
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`Scott M. Border. Paper 11 (“Motion” or “Mot.”).1 Patent Owner has not
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`opposed the Motion within one week after the filing of the Motion. See
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`Paper 3 (Notice of filing Date Accorded to Petition, 2, (citing Case
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`IPR2013-00639, Paper 7)).
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`Pursuant to 37 C.F.R. § 42.10(c), we may recognize counsel pro hac
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`vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner. In authorizing
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`motions for pro hac vice, we require the moving party to provide a statement
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`of facts showing there is good cause for us to recognize counsel pro hac
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`vice, and an affidavit or declaration of the individual seeking to appear in the
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`proceeding.
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`Upon review of Petitioner’s Motion and supporting evidence, we
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`determine that Petitioner has demonstrated that Scott M. Border has
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`sufficient legal and technical qualifications to represent Petitioner in the
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`above-identified proceedings. We also recognize that there is a need for
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`Petitioner to have him involved in these proceedings.
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`Accordingly, Petitioner has established that there is good cause for
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`admitting Scott M. Border.
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`It is
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`ORDERED that Petitioner’s Motion for Pro Hac Vice Admission of
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`1
` Petitioner filed similar Motions in each of the captioned proceedings. For
`brevity, we refer here to the papers in IPR2015-00866.
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`2
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`
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`Case IPR2015-00866 (Patent 8,458,341 B2)
`Case IPR2015-00868 (Patent 8,516,131 B2)
`Case IPR2015-00870 (Patent 8,560,705 B2)
`Case IPR2015-00871 (Patent 8,560,705 B2)
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`Scott M. Border is granted; Mr. Border is authorized to represent Petitioner
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`Apple Inc. as back-up counsel in the above-identified proceedings;
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`FURTHER ORDERED that Petitioner is to continue to have a
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`registered practitioner represent it as lead counsel for the proceedings;
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`FURTHER ORDERED that Scott M. Border is to comply with the
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`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
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`Trials, as set forth in Part 42 of Title 37, Code of Federal Regulations, and to
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`be subject to the Office’s disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a), and the USPTO Rules of Professional Conduct set forth in
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`37 C.F.R. §§ 11.101 et. seq.; and
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`FURTHER ORDERED that a copy of this Order shall be filed in
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`IPR2015-00866, IPR2015-00868, IPR2015-00870, and IPR2015-00871.
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`3
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`Case IPR2015-00866 (Patent 8,458,341 B2)
`Case IPR2015-00868 (Patent 8,516,131 B2)
`Case IPR2015-00870 (Patent 8,560,705 B2)
`Case IPR2015-00871 (Patent 8,560,705 B2)
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`For Petitioner:
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`4
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`Jeffrey Kushan
`IPRNotices@sidley.com
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`Thomas Broughan
`tbroughan@sidley.com
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`For Patent Owner:
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`Joseph Palys
`josephpalys@paulhastings.com
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`Naveen Modi
`Naveenmodi@paulhastings.com
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`Jason Stach
`jason.stach@finnegan.com