`571-272-7822
`
`
`
`
`Paper 10
`Entered: August 17, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`WILLIAM GRECIA,
`Patent Owner.
`____________
`
`Case IPR2016-00600 (Patent 8,533,860 B1)
`Case IPR2016-00602 (Patent 8,887,308 B2)
`Case IPR2016-00789 (Patent 8,402,555 B2)1
`____________
`
`
`
`Before GLENN J. PERRY, RAMA G. ELLURU, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`ORDER
`Decision Conditionally Granting Motion for Pro Hac Vice Admission of
`Matthew Wawrzyn
`37 C.F.R. § 42.10
`
`
`
`
`
`1 This order addresses issues that are the same in all identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading in subsequent papers.
`
`
`
`Case IPR2016-00600 (Patent 8,533,860 B1)
`Case IPR2016-00602 (Patent 8,887,308 B2)
`Case IPR2016-00789 (Patent 8,402,555 B2)
`
`
`Patent Owner has filed a motion for pro hac vice admission of
`Matthew Wawrzyn in this proceeding. Paper 11.2 The motion is supported
`by an affidavit of Mr. Wawrzyn (attached to Paper 11). Petitioner has not
`opposed the motion.
`We have reviewed the submissions. As an initial matter, we direct
`Mr. Wawrzyn’s attention to the “Order -- Authorizing Motion for Pro Hac
`Vice Admission” in Case IPR2013-00639, Paper 7. According to that order,
`Mr. Wawrzyn’s affidavit must provide a statement acknowledging that he
`will 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. In his affidavit, Mr. Wawrzyn incorrectly cites
`“C.F.R. § 11.19(a),” and “C.F.R. §§ 11.01 et seq.” We presume these
`citations to be typographical errors.
`Mr. Wawrzyn’s affidavit must also provide a statement identifying all
`other proceedings before the Office for which he has applied to appear pro
`hac vice in the last three years. In his affidavit, Mr. Wawrzyn omits that he
`has applied to appear pro hac vice in the related proceedings, which we have
`identified above.
`In light of the submissions as a whole, we determine that there is good
`cause to conditionally admit Matthew Wawrzyn pro hac vice. Pursuant to
`this order, by appearing pro hac vice in this proceeding, Mr. Wawrzyn
`agrees to be subject to the Office’s disciplinary jurisdiction under 37 C.F.R.
`
`
`2 Paper numbers refer to Case IPR2016-00600. Corresponding motions and
`affidavits were filed in each of the other cases.
`
`2
`
`
`
`Case IPR2016-00600 (Patent 8,533,860 B1)
`Case IPR2016-00602 (Patent 8,887,308 B2)
`Case IPR2016-00789 (Patent 8,402,555 B2)
`
`§ 11.19(a), and the USPTO Rules of Professional Conduct set forth in
`37 C.F.R. §§ 11.101 et. seq.
`
`
`ORDER
`
`It is therefore
`ORDERED that Patent Owner shall file a corrected affidavit by Mr.
`Wawrzyn (1) acknowledging that he will 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., and (2)
`identifying all other proceedings before the Office for which he has applied
`to appear pro hac vice in the last three years.
`FURTHER ORDERED that Patent Owner’s motion for pro hac vice
`admission of Matthew Wawrzyn in this proceeding is conditionally granted
`upon Patent Owner filing a corrected affidavit by Mr. Wawrzyn;
`FURTHER ORDERED that Mr. Wawrzyn is authorized to appear as
`back-up counsel for Patent Owner in this proceeding, but Mr. Wawrzyn may
`not act as lead counsel;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for this proceeding;
`FURTHER ORDERED that Mr. Wawrzyn is to 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;
`
`3
`
`
`
`Case IPR2016-00600 (Patent 8,533,860 B1)
`Case IPR2016-00602 (Patent 8,887,308 B2)
`Case IPR2016-00789 (Patent 8,402,555 B2)
`
`
`FURTHER ORDERED that Mr. Wawrzyn is 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.; and
`FURTHER ORDERED that Patent Owner shall file updated
`mandatory notices, pursuant to 37 C.F.R. § 42.8(b)(3), providing updated
`information regarding back-up counsel.
`
`
`
`PETITIONER:
`Paul Haughey
`Scott Kolassa
`KILPATRICK TOWNSEND & STOCKTON LLP
`phaughey@kilpatricktownsend.com
`SKolassa@kilpatricktownsend.com
`
`Jonathan Stroud
`Kevin Jakel
`UNIFIED PATENTS INC.
`jonathan@unifiedpatents.com
`kevin@unifiedpatents.com
`
`
`
`PATENT OWNER:
`Patrick Richards
`Clare Frederick
`RICHARDS PATENT LAW P.C
`patrick@richardspatentlaw.com
`clare@richardspatentlaw.com
`
`4
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