`571.272.7822
`
`
`
`
`
`Paper 21
`Entered: March 9, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YMAX CORPORATION,
`Petitioner,
`
`v.
`
`FOCAL IP, LLC,
`Patent Owner.
`
`
`Case: IPR2016-01260
`Patent 8,457,113 B2
`
`
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`DECISION
`Granting Petitioner’s Motion for Admission Pro Hac Vice of
`David Brafman
`37 C.F.R. § 42.10
`
`
`Petitioner moves for pro hac vice admission of Mr. David Brafman.
`See Paper 11. Petitioner provides a Declaration from Mr. Brafman in
`support of its Motion. Id.1 Patent Owner has not filed an opposition to
`
`
`1 Petitioner attached the Declaration of Mr. David Brafman to its Motion.
`Petitioner is reminded that such evidence must be filed as a separate exhibit
`
`
`
`IPR2016-01260
`Patent 8,457,113 B2
`
`Petitioner’s Motion.
`Based on the facts set forth in the Motion and the accompanying
`Declaration from Mr. Brafman, we conclude that Mr. Brafman has sufficient
`legal and technical qualifications to represent Petitioner in this case, that Mr.
`Brafman has demonstrated the necessary familiarity with the subject matter
`of this case, and that there is a need for Petitioner to have counsel with
`experience as a litigation attorney in patent matters involved in this case.
`Accordingly, Petitioner has established good cause for Mr. Brafman’s pro
`hac vice admission. Mr. Brafman will be permitted to appear pro hac vice in
`this case as back-up counsel only. See 37 C.F.R. § 42.10(c).
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Motion for pro hac vice admission of Mr.
`David Brafman is granted, and Mr. Brafman is authorized to represent
`Petitioner as back-up counsel in this case;
`FURTHER ORDERED that Petitioner continue to have a registered
`practitioner as lead counsel in this case;
`FURTHER ORDERED that Mr. Brafman comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as
`set forth in Title 37, Part 42 of the Code of Federal Regulations; and
`FURTHER ORDERED that Mr. Brafman 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.
`
`
`
`
`in each proceeding and uniquely numbered sequentially in the range of
`1001–1999. See 37 C.F.R. § 42.63(c).
`
`
`
`IPR2016-01260
`Patent 8,457,113 B2
`
`PETITIONER:
`
`
`
`
`
`Mark Passler
`Brice Dumais
`ip@akerman.com
`brice.dumais@akerman.com
`
`
`
`PATENT OWNER:
`
`Brent Bumgardner
`John Murphy
`Victor Siber
`bbumgardner@nbclaw.net
`murphy@nelbum.com
`vsiber@siberlaw.com
`
`
`
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