`
`
`
`
`
`
`
`Trials@uspto.gov
`571.272.7822
`
`
`Paper 41
`Entered: August 18, 2017
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YMAX CORPORATION,
`Petitioner,
`
`v.
`
`FOCAL IP, LLC,
`Patent Owner.
`
`
`Cases IPR2016-01256 (Patent 8,155,298 B2),
`IPR2016-01258 (Patent 7,764,777 B2), and
`IPR2016-01260 (Patent 8,457,113 B2)1
`
`
`
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Petitioner’s Motion for Admission Pro Hac Vice of
`Alexander Walden
`37 C.F.R. § 42.10
`
`
`
`
`
`1 This Decision applies to each of the above-identified cases. We exercise
`our discretion to issue one Decision to be entered in each case. The parties,
`however, are not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2016-01256 (Patent 8,155,298 B2),
`IPR2016-01258 (Patent 7,764,777 B2), and
`IPR2016-01260 (Patent 8,457,113 B2)
`
`
`Petitioner filed a Motion for pro hac vice admission of Mr. Alexander
`Walden (Paper 332), supported by a Declaration of Mr. Walden (Ex. 1028),
`in each of the above-identified proceedings. The Motions are unopposed.
`Based on the facts set forth in each Motion and each accompanying
`Declaration from Mr. Walden, we conclude that Mr. Walden has sufficient
`legal and technical qualifications to represent Petitioner in these
`proceedings, that Mr. Walden has demonstrated the necessary familiarity
`with the subject matter of these cases, and that there is a need for Petitioner
`to have counsel with experience as a litigation attorney in patent matters
`involved in these cases. Accordingly, Petitioner has established good cause
`for Mr. Walden pro hac vice admission.
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`Mr. Alexander Walden are granted, and Mr. Walden is authorized to
`represent Petitioner as back-up counsel in the above-identified proceedings;
`FURTHER ORDERED that Petitioner continue to have a registered
`practitioner as lead counsel in these proceedings;
`FURTHER ORDERED that a power of attorney must be filed with
`the designation of counsel for Mr. Walden, in accordance with 37 C.F.R.
`§ 42.10(b);
`FURTHER ORDERED that Mr. Walden 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
`
`
`2 Citations herein will be to IPR2016-01256, unless otherwise noted.
`
`
`
`2
`
`
`
`IPR2016-01256 (Patent 8,155,298 B2),
`IPR2016-01258 (Patent 7,764,777 B2), and
`IPR2016-01260 (Patent 8,457,113 B2)
`
`
`FURTHER ORDERED that Mr. Walden 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.
`
`
`
`PETITIONER:
`
`Joseph Richetti
`BRYAN CAVE LLP
`joe.richetti@bryancave.com
`
`Mark Passler
`Brice Dumais
`AKERMAN LLP
`ip@akerman.com
`brice.dumais@akerman.com
`
`
`PATENT OWNER:
`
`Brent Bumgardner
`John Murphy
`NELSON BUMGARDER, P.C.
`bbumgardner@nbclaw.net
`murphy@nelbum.com
`
`
`
`
`
`3
`
`
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