throbber
Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`IPR2017-00087, Paper No. 25;
`IPR2017-00091, Paper No. 27;
`IPR2017-00094, Paper No. 27;
`IPR2017-00095, Paper No. 16;
`IPR2017-00096, Paper No. 17
`
`Entered: August 23, 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 TRENTON A. WARD, BART A. GERSTENBLITH, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`DECISION
`Granting Pro Hac Vice Admission of Tracy Zurzolo Quinn;
`Granting Motion to Withdraw of Ira J. Levy
`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)
`
`
`
`
`I. DISCUSSION
`Motion for Pro Hac Vice Admission
`Petitioner entities Campbell Soup Company and Campbell Sales
`Company (collectively, “Campbell”) filed a Motion for Tracy Zurzolo
`Quinn to Appear Pro Hac Vice (“Motion”) in each of the above-captioned
`proceedings. Paper 22, “Mot.”2 Campbell indicates that Patent Owner
`Gamon Plus, Inc. would not oppose the Motion. Id. at 4. Campbell also
`filed a Declaration of Tracy Zurzolo Quinn in Support of Motion for
`Admission Pro Hac Vice. Ex. 1064 (referred to as “Exhibit A” in the
`Motion).
`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 22,
`2 (referencing IPR2013-00639, Paper 7).
`Campbell’s Motion and Ms. Quinn’s Declaration show sufficiently
`good cause for us to recognize her as counsel pro hac vice.
`
`
`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)
`
`
`
`
`Motion to Withdraw
`Ira J. Levy, counsel for Petitioner, filed a Motion to Withdraw as
`counsel for Petitioner entities Campbell Soup Company and Campbell Sales
`Company (collectively, “Campbell”) in each of the above-captioned
`proceedings. Paper 24. The Motions state that Campbell has retained new
`counsel, Reed Smith, to act on Campbell’s behalf in each of these inter
`partes review proceedings. Id. at 2.
`The Motions indicate that new counsel will be in charge of filing
`Petitioner’s Reply and making Petitioner’s arguments in each of these
`proceedings. Id. We understand that Mr. Levy will remain counsel for
`Petitioner entity Trinity Manufacturing, L.L.C. (“Trinity”). Also, we
`understand that Patent Owner Gamon Plus, Inc. does not oppose the
`Motions.
`Accordingly, we grant the Motions.
`
`II. ORDER
`
`It is:
`ORDERED that Campbell’s unopposed Motion for Pro Hac Vice
`Admission of Tracy Zurzolo Quinn (IPR2017-00087, Paper 22;
`IPR2017-00091, Paper 21; IPR2017-00094, Paper 21; IPR2017-00095,
`Paper 14, IPR2017-00096, Paper 15) is granted; Ms. Quinn is authorized to
`represent Campbell only as back-up counsel in this proceeding;
`
`FURTHER ORDERED that Campbell is to continue to have a
`registered practitioner represent it as lead counsel for this proceeding;
`
`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)
`
`
`
`FURTHER ORDERED that Ms. Quinn 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;
`
`FURTHER ORDERED that Ms. Quinn 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.; and
`FURTHER ORDERED that the Motion to Withdraw (Paper 24,
`IPR2017-00087; Paper 26, IPR2017-00091; Paper 26, IPR2017-00094;
`Paper 15, IPR2017-00095; Paper 16, IPR2017-00096) is granted.
`
`
`4
`
`

`

`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:
`
`Mark T. Vogelbacker
`Tracy Zurzolo Quinn
`REED SMITH LLP
`mvogelbacker@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,
`TIAJOLOFF & KELLY LLP
`atiajoloff@tkiplaw.com
`
`
`5
`
`

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