throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper No. 29
`Entered: August 29, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC. and
`LG ELECTRONICS U.S.A., INC.,
`Petitioner,
`
`v.
`
`TOSHIBA SAMSUNG STORAGE TECHNOLOGY KOREA
`CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-01642 (Patent 6,721,110 B2)
`Case IPR2015-01644 (Patent 6,785,065 B1)
`Case IPR2015-01653 (Patent RE43,106 E)
`Case IPR2015-01659 (Patent 7,367,037 B2)1
`
`____________
`
`Before KALYAN K. DESHPANDE, MICHAEL R. ZECHER, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`DECISION
`Granting Petitioner’s Motion for Pro Hac Vice Admission of
`Mr. Steven Lieberman
`37 C.F.R. § 42.10(c)
`
`
`1 This Decision addresses an issue that is identical in all four cases. We, therefore,
`exercise our discretion to issue one Decision to be filed in each of the four cases.
`The parties, however, are not authorized to use this style heading in any subsequent
`papers.
`
`

`
`IPR2015-01642 (Patent 6,721,110 B2)
`IPR2015-01644 (Patent 6,785,065 B1)
`IPR2015-01653 (Patent RE43,106 E)
`IPR2015-01659 (Patent 7,367,037 B2)
`
`
`I. INTRODUCTION
`Petitioner, LG Electronics, Incorporated and LG Electronics U.S.A.,
`Incorporated (collectively, “LG”), filed a Motion for Admission Pro Hac
`Vice of Steven Lieberman in each of the four proceedings identified above.
`Paper 25 (“Mot.”).2 Patent Owner, Toshiba Samsung Storage Technology
`Korea Corporation, does not oppose these Motions. For the reasons
`provided below, LG’s Motions are granted.
`
`
`II. DISCUSSION
`In accordance with 37 C.F.R. § 42.10(c), we 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. The
`representative Order authorizing motions for pro hac vice admission requires
`a statement of facts showing there is good cause for us to recognize counsel
`pro hac vice, and an affidavit or declaration of the individual seeking to
`appear. See Paper 4, 2 (citing Unified Patents, Inc. v. Parallel Iron, LLC,
`Case IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7) (representative
`“Order – Authorizing Motion for Pro Hac Vice Admission”)).
`In these proceedings, lead counsel for LG, Mr. Brian A. Tollefson, is
`a registered practitioner. Mot. 2; Paper 1, 4–5. LG asserts that there is good
`cause for us to recognize Mr. Lieberman pro hac vice in these proceedings.
`
`
`2 For purposes of expediency, we refer to the papers filed in Case IPR2015-
`01642.
`
`
`
`2
`
`

`
`IPR2015-01642 (Patent 6,721,110 B2)
`IPR2015-01644 (Patent 6,785,065 B1)
`IPR2015-01653 (Patent RE43,106 E)
`IPR2015-01659 (Patent 7,367,037 B2)
`
`Mot. 2–4. LG’s assertions in this regard are supported by a Declaration of
`Mr. Lieberman. Paper 26.3
`Mr. Liebermann declares that he is a member in good standing of the
`Bars for the State of New York and the District of Columbia, and that he is
`admitted to practice before several district courts. Paper 26 ¶ 2. Mr.
`Lieberman also declares that he is familiar with the subject matter at issue in
`these proceedings, particularly because he represents LG in the related
`district court case. Id. ¶ 11. In addition, the facts alleged in Mr.
`Lieberman’s Declaration comply with all the requirements set forth in our
`representative Order authorizing motions for pro hac vice admission. See
`Paper 26 ¶¶ 1, 3–10, 12; Mot. 2–4.
`On this record, we determine that Mr. Lieberman has sufficient legal
`and technical qualifications to represent LG in these proceedings.
`Accordingly, LG has established that there is good cause for the pro hac vice
`admission of Mr. Lieberman in these proceedings.
`
`
`III. ORDER
`
`Accordingly, it is
`ORDERED that LG’s Motions for Admission Pro Hac Vice of Steven
`Liebermann are granted;
`
`
`3 Mr. Lieberman’s Declaration was filed as a paper, rather than as a separate
`exhibit. This Declaration should have been filed as a separate exhibit in
`accordance with 37 C.F.R. § 42.63(a) (stating “Evidence consists of
`affidavits, transcripts of depositions, documents, and things. All evidence
`must be filed in the form of an exhibit.”).
`
`
`
`3
`
`

`
`IPR2015-01642 (Patent 6,721,110 B2)
`IPR2015-01644 (Patent 6,785,065 B1)
`IPR2015-01653 (Patent RE43,106 E)
`IPR2015-01659 (Patent 7,367,037 B2)
`
`
`FURTHER ORDERED that Mr. Lieberman is authorized to represent
`LG as back-up counsel in these proceedings only;
`FURTHER ORDERED that LG is to continue to have a registered
`practitioner represent it as lead counsel in these proceedings;
`FURTHER ORDERED that Mr. Lieberman shall comply with the
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012), 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. Lieberman shall be subject to the
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), as well as the
`Office’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101
`et. seq.
`
`
`
`4
`
`

`
`IPR2015-01642 (Patent 6,721,110 B2)
`IPR2015-01644 (Patent 6,785,065 B1)
`IPR2015-01653 (Patent RE43,106 E)
`IPR2015-01659 (Patent 7,367,037 B2)
`
`For PETITIONER:
`Brian A. Tollefson
`Michael V. Battaglia
`Soumya Panda
`Michael H. Jones, Pro Hac Vice
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`btollefson@rothwellfigg.com
`mbattaglia@rothwellfigg.com
`spanda@rothwellfigg.com
`
`For PATENT OWNER:
`
`Joseph A. Rhoa
`Jonathan A. Roberts
`NIXON & VANDERHYE P.C.
`jar@nixonvan.com
`jr@nixonvan.com
`
`
`
`
`
`
`
`5

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