throbber
Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`IPR2017-00087, Paper No. 56;
`IPR2017-00091, Paper No. 63;
`IPR2017-00094, Paper No. 63;
`IPR2017-00095, Paper No. 25;
`IPR2017-00096, Paper No. 27
`Entered: December 13, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`CAMPBELL SOUP COMPANY,
`CAMPBELL SALES COMPANY, and
`TRINITY MANUFACTURING, LLC,
`Petitioner,
`
`v.
`
`GAMON PLUS, INC.,
`Patent Owner.
`_____________
`
`Cases IPR2017-00087 (Patent 8,827,111 B2);
`IPR2017-00091 (Patent D621,645 S); IPR2017-00094 (Patent D612,646 S);
`IPR2017-00095 (Patent D621,644 S); IPR2017-00096 (Patent D595,074 S)1
` _____________
`
`
`Before GRACE KARAFFA OBERMANN, BART A. GERSTENBLITH,
`and ROBERT L. KINDER, Administrative Patent Judges.
`
`KINDER, Administrative Patent Judge.
`
`
`DECISION
`Granting Pro Hac Vice Admission of Edward P. Kelly
`37 C.F.R. § 42.10
`
`
`1 We exercise our discretion to issue one Decision and Order in each of these
`proceedings. The parties may not use this caption style.
`
`
`
`
`
`

`

`IPR2017-00087 (Patent 8,827,111 B2); IPR2017-00091 (Patent D621,645 S)
`IPR2017-00094 (Patent D621,646 S); IPR2017-00095 (Patent D621,644 S)
`IPR2017-00096 (Patent D595,074 S)
`
`
`
`
`Patent Owner Gamon Plus, Inc. (“Gamon”) filed a Motion for
`
`Edward P. Kelly to Appear Pro Hac Vice (“Motion”) in each of the above-
`
`captioned proceedings. Paper 40, “Mot.”2 Gamon indicates that Petitioners
`
`do not oppose the Motion. Id. at 3. Gamon also filed a Declaration of
`
`Edward P. Kelly in Support of Motion for Admission Pro Hac Vice.
`
`Ex. 2024.
`
`We may recognize counsel pro hac vice during a proceeding “upon a
`
`showing of good cause, subject to the condition that lead counsel be a
`
`registered practitioner and to any other conditions as the Board may
`
`impose.” 37 C.F.R. § 42.10(c). In authorizing motions for pro hac vice
`
`admission, we require the moving party to provide a statement of facts
`
`showing that there is good cause for us to recognize counsel pro hac vice
`
`and an affidavit or declaration of the individual seeking to appear. Paper 3,
`
`2 (referencing IPR2013-00639, Paper 7).
`
`Gamon’s Motion and Mr. Kelly’s Declaration show sufficiently good
`
`cause for us to recognize him as counsel pro hac vice.
`
`Accordingly, we grant the Motion.
`
`It is:
`
`ORDERED that Gamon’s unopposed Motion for Pro Hac Vice
`
`Admission of Edward P. Kelly (IPR2017-00087, Paper 40; IPR2017-00091,
`
`Paper 44; IPR2017-00094, Paper 44; IPR2017-00095, Paper 22, IPR2017-
`
`00096, Paper 25) is granted; Mr. Kelly is authorized to represent Gamon
`
`only as back-up counsel in this proceeding;
`
`
`2 Citations are to IPR2017-00087 unless otherwise indicated.
`
`2
`
`

`

`IPR2017-00087 (Patent 8,827,111 B2); IPR2017-00091 (Patent D621,645 S)
`IPR2017-00094 (Patent D621,646 S); IPR2017-00095 (Patent D621,644 S)
`IPR2017-00096 (Patent D595,074 S)
`
`
`
`
`
`FURTHER ORDERED that Gamon is to continue to have a registered
`
`practitioner represent it as lead counsel for this proceeding;
`
`
`
`FURTHER ORDERED that Mr. Kelly is to comply with the Office
`
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as
`
`set forth in Part 42 of Title 37, Code of Federal Regulations; and,
`
`
`
`FURTHER ORDERED that Mr. Kelly is to 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.
`
`
`
`3
`
`

`

`IPR2017-00087 (Patent 8,827,111 B2); IPR2017-00091 (Patent D621,645 S)
`IPR2017-00094 (Patent D621,646 S); IPR2017-00095 (Patent D621,644 S)
`IPR2017-00096 (Patent D595,074 S)
`
`
`
`For PETITIONER ENTITIES CAMPBELL SOUP COMPANY and
`CAMPBELL SALES COMPANY CAMPBELL:
`
`Gerard M. Donovan
`Tracy Zurzolo Quinn
`REED SMITH LLP
`gdonovan@reedsmith.com
`tquinn@reedsmith.com
`
`
`For PETITINER ENTITY TRINITY MANUFACTURING, LLC:
`
`Martin B. Pavane
`Darren Mogil
`COZEN O’CONNOR
`mpavane@cozen.com
`dmogil@cozen.com
`
`Ira Jay Levy
`GOODWIN PROCTER LLP
`ILevy@goodwinlaw.com
`
`
`For PATENT OWNER:
`
`
`Andrew L. Tiajoloff,
`Edward P. Kelly
`TIAJOLOFF & KELLY LLP
`atiajoloff@tkiplaw.com
`ekelly@tkiplaw.com
`
`
`
`4
`
`

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