`571.272.7822
`
`
`
`
`
`Paper 26
`Entered: February 23, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`FOCAL IP, LLC,
`Patent Owner.
`
`
`Cases: IPR2016-012541
`Patent 8,457,113 B2
`
`
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`DECISION
`Conditionally Granting Patent Owner’s Motions for Admission
`Pro Hac Vice of Hanna F. Madbak
`37 C.F.R. § 42.10
`
`
`Patent Owner moves for pro hac vice admission of Mr. Hanna F.
`Madbak. See, e.g., IPR2016-01254, Paper 20. Patent Owner indicates it has
`conferred with Petitioner, and Petitioner does not oppose Patent Owner’s
`
`1 This Order addresses the same issues in the inter partes reviews listed in
`the Appendix. Therefore, we issue one Order to be filed in all of the cases.
`The parties, however, are not authorized to use this style of filing in
`subsequent papers.
`
`
`
`IPR2016-01254
`Patent 8,457,113 B2
`
`Motions. Id. Patent Owner provides Declarations from Mr. Madbak in
`support of its Motions. See, e.g., IPR2016-01254, Ex. 2008.
`Neither the Motions nor Mr. Madbak’s Declarations identify other
`proceedings before the Office for which Mr. Madbak has applied to appear
`pro hac vice in the last three (3) years, or indicate that no such applications
`were sought. See Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-
`00639, slip op. at 3 (PTAB Oct. 15, 2013) (Paper 7) (setting forth the
`requirements for pro hac vice admission). Additionally, upon review of the
`record before us, we note that powers of attorney in accordance with
`37 C.F.R. § 42.10(b) have not been submitted for Mr. Madbak in these
`cases.
`In view of the above, Patent Owner’s motions are conditionally
`granted, and are to be effective after a corrected declaration and power of
`attorney is filed in each case. Mr. Madbak’s corrected declaration should
`identify all other proceedings before the Office for which Mr. Madbak has
`applied to appear pro hac vice in the last three (3) years, or indicate that no
`such applications were sought.
`For the foregoing reasons, it is hereby:
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Mr. Hanna F. Madbak are conditionally granted provided that within
`seven (7) business days of the date of this order, Patent Owner submits in
`each of the instant cases Mr. Madbak’s corrected declaration and a Power of
`Attorney in accordance with 37 C.F.R. § 42.10(b); Mr. Madbak is authorized
`to act as back-up counsel in these cases only;
`FURTHER ORDERED that Patent Owner continue to have a
`registered practitioner as lead counsel in these cases;
`
`
`
`IPR2016-01254
`Patent 8,457,113 B2
`
`
`FURTHER ORDERED that Mr. Madbak 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. Madbak 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:
`
`Wayne Stacy
`Sarah Guske
`BAKER BOTTS L.L.P.
`wayne.stacy@bakerbotts.com
`sarah.guske@bakerbotts.com
`
`Mark D. Passler
`Brice S. Dumais
`AKERMAN LLP
`ip@akerman.com
`brice.dumais@akerman.com
`
`Patrick McPherson
`Christopher Tyson
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
`CJTyson@duanemorris.com
`
`PATENT OWNER:
`
`Brent Bumgardner
`John Murphy
`NELSON BUMGARDNER, P.C.
`bbumgardner@nbclaw.net
`murphy@nelbum.com
`
`
`
`
`IPR2016-01254
`Patent 8,457,113 B2
`
`
`U.S. Patent No. Inter Partes Review Patent Owner’s
`Motion3
`Paper 18
`Paper 25
`Paper 18
`Paper 29
`Paper 32
`Paper 20
`Paper 20
`Paper 17
`Paper 25
`
`APPENDIX2
`
`IPR2016-01258
`IPR2016-01262
`IPR2016-01256
`IPR2016-01259
`IPR2016-01263
`IPR2016-01254
`IPR2016-01257
`IPR2016-01260
`IPR2016-01261
`
`7,764,777 B2
`
`8,155,298 B2
`
`8,457,113 B2
`
`
`
`
`
`
`2 Bright House Networks, LLC, WideOpenWest Finance, LLC, Knology of
`Florida, Inc., and Birch Communications, Inc. are Petitioner in IPR2016-
`01259, -01261, -01262, and -01263.
`
`YMax Corporation is Petitioner in IPR2016-01256, -01258, and -01260.
`
`Cisco Systems, Inc. is Petitioner in IPR2016-01254 and -01257.
`
`3 The Declaration of Mr. Madbak is filed as Exhibit 2008 in each of the
`cases listed in this Appendix.
`
`
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