`571.272.7822
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`
`
`
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`Paper 10
`Entered: December 21, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`LIMESTONE MEMORY SYSTEMS LLC,
`Patent Owner.
`____________
`
`Case: IPR2016-01567
`Patent 5,894,441
`____________
`
`Before BART A. GERSTENBLITH, BARBARA A. PARVIS, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`DECISION
`Granting Petitioner’s Motion for Admission Pro Hac Vice of
`Michael N. Zachary
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2016-01567
`Patent 5,894,441
`
`
`INTRODUCTION
`I.
`Petitioner filed a motion for pro hac vice admission of Michael N.
`Zachary in this proceeding. Paper 6 (“Motion”). Patent Owner did not file
`an opposition to the Motion. For the following reasons, the Motion is
`granted.
`
`II. ANALYSIS
`Counsel may be admitted pro hac vice upon a showing of good cause,
`subject to the condition that lead counsel is a registered practitioner. 37
`C.F.R. § 42.10(c). Specifically, if lead counsel is a registered practitioner,
`back-up counsel may be permitted to appear pro hac vice “upon showing
`that counsel is an experienced litigating attorney and has an established
`familiarity with the subject matter at issue in the proceeding.” Id. For the
`reasons set forth in the Motion and the accompanying affidavit of
`Mr. Zachary (Ex. 1023), we find that good cause exists to admit Mr. Zachary
`pro hac vice in this proceeding.
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Motion is granted, and Michael N. Zachary is
`authorized to represent Petitioner as back-up counsel in the above-listed
`proceeding;
`FURTHER ORDERED that a registered practitioner will continue to
`represent Petitioner as lead counsel in the above-listed proceeding; and
`FURTHER ORDERED that Mr. Zachary is to comply with the
`Board’s Rules of Practice for Trials set forth in Part 42 of Title 37, Code of
`Federal Regulations, and the Office Patent Trial Practice Guide, and is
`subject to the USPTO’s Rules of Professional Conduct set forth in 37 C.F.R.
`
`
`
`2
`
`
`
`IPR2016-01567
`Patent 5,894,441
`
`§§ 11.101 et seq., and to the USPTO’s disciplinary jurisdiction under 37
`C.F.R. § 11.19(a).
`
`
`
`PETITIONER:
`
`John R. Hutchins
`Rose Cordero Prey
`Michael N. Zachary
`ANDREWS KURTH KENYON LLP
`jhutchins@kenyon.com
`
`
`
`PATENT OWNER:
`
`Nicholas T. Peters
`Paul B. Henkelmann
`FITCH EVEN TABIN & FLANNERY LLP
`LimestoneIPR@fitcheven.com
`
`
`
`
`3
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`