`571.272.7822
`
`
`
`
`
`Paper 11
`Entered: September 21, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP.,
`AND QIOPTIQ PHOTONICS GMBH & CO., KG,
`Petitioner,
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`
`
`Case IPR2015-01277 (Patent 8,309,943)
`Case IPR2015-01279 (Patent 7,786,455)
`Case IPR2015-01300, -01303, -01377 (Patent 7,435,982)
`Case IPR2015-01362 (Patent 8,969,841)
`Case IPR2015-01368 (Patent 8,525,138)
`Case IPR2015-01375 (Patent 9,048,000)1
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motion for Admission Pro Hac Vice of
`Safraz W. Ishmael
`37 C.F.R. § 42.10
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2015-01277, IPR2015-01279, IPR2015-01300, IPR2015-01303,
`IPR2015-01362, IPR2015-01368, IPR2015-01375, and IPR2015-01377
`
`Patent Owner moves for pro hac vice admission of Mr. Safraz W.
`
`Ishmael. IPR2015-01277, Paper 10; IPR2015-1279, Paper 10; IPR2015-
`
`01300, Paper 10; IPR2015-01303, Paper 10; IPR2015-01362, Paper 8;
`
`IPR2015-01368, Paper 8; IPR2015-01375, Paper 8; IPR2015-01377, Paper
`
`8. Patent Owner provides affidavits from Mr. Ishmael in support of its
`
`motions. IPR2015-01277, Ex. 2001; IPR2015-1279, Ex. 2001; IPR2015-
`
`01300, Ex. 2101; IPR2015-01303, Ex. 2001; IPR2015-01362, Ex. 2001;
`
`IPR2015-01368, Ex. 2001; IPR2015-01375, Ex. 2001; IPR2015-01377, Ex.
`
`2201. Petitioner has not filed an opposition to Patent Owner’s motions.
`
`Based on the facts set forth in the motions and the accompanying
`
`affidavits from Mr. Ishmael, we conclude that Mr. Ishmael has sufficient
`
`legal and technical qualifications to represent Patent Owner in these cases,
`
`that Mr. Ishmael has demonstrated the necessary familiarity with the subject
`
`matter of these cases, and that there is a need for Patent Owner have counsel
`
`with experience as a litigation attorney in patent matters involved in these
`
`cases. Accordingly, Patent Owner has established good cause for Mr.
`
`Ishmael’s pro hac vice admission. Mr. Ishmael will be permitted to appear
`
`pro hac vice in these cases as back-up counsel only. See 37 C.F.R.
`
`§ 42.10(c).
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that Patent Owner’s motions for pro hac vice admission
`
`of Mr. Safraz W. Ishmael are granted, and Mr. Ishmael is authorized to
`
`represent Patent Owner as back-up counsel in these cases;
`
`FURTHER ORDERED that Patent Owner continue to have a
`
`registered practitioner as lead counsel in these cases;
`
`FURTHER ORDERED that Mr. Ishmael comply with the Office
`
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as
`
`2
`
`
`
`IPR2015-01277, IPR2015-01279, IPR2015-01300, IPR2015-01303,
`IPR2015-01362, IPR2015-01368, IPR2015-01375, and IPR2015-01377
`
`set forth in Title 37, Part 42 of the Code of Federal Regulations; and
`
`FURTHER ORDERED that Mr. Ishmael is subject to the Office’s
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and to the USPTO
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`3
`
`
`
`IPR2015-01277, IPR2015-01279, IPR2015-01300, IPR2015-01303,
`IPR2015-01362, IPR2015-01368, IPR2015-01375, and IPR2015-01377
`
`
`For PETITIONER:
`
`Donald Steinberg
`don.steinberg@wilmerhale.com
`
`David L. Cavanaugh
`David.Cavanaugh@wilmerhale.com
`
`Michael H. Smith
`MichaelH.Smith@wilmerhale.com
`
`For PATENT OWNER:
`
`Steven Bauer
`PTABMattersBoston@proskauer.com
`
`Joseph Capraro
`jcapraro@proskauer.com
`
`Gerald Worth
`gworth@proskauer.com
`
`4
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