`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Paper No. 8
`Entered: February 24, 2017
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner.
`
`Case IPR2017-00114 (Patent 7,206,978 B2)1
`Case IPR2017-00116 (Patent 7,334,150 B2)
`
`
`
`Before SALLY C. MEDLEY, BARBARA A. PARVIS, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`
`PARVIS, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Patent Owner’s Motion for
`Pro Hac Vice Admission of Nathan Nobu Lowenstein
`37 C.F.R. § 42.10
`
`
`1 This order addresses issues that are the same in all identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in subsequent
`papers.
`
`
`
`
`
`IPR2017-00114 (Patent 7,206,978 B2)
`IPR2017-00116 (Patent 7,334,150 B2)
`
`
`I. INTRODUCTION
`
`On February 16, 2017, Polaris Innovations Ltd. (“Patent Owner”)
`
`filed Motions for Pro Hac Vice Admission of Nathan Nobu Lowenstein.
`
`Paper 7 (“Mot.”).2 Petitioner did not file an opposition. For the reasons
`
`provided below, Patent Owner’s Motions are granted.
`
`II. DISCUSSION
`
`In accordance with 37 C.F.R. § 42.10(c), 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. In these
`
`proceedings, lead counsel for Patent Owner, Kenneth J. Weatherwax, is a
`
`registered practitioner. Patent Owner asserts that there is good cause for us
`
`to recognize Mr. Lowenstein pro hac vice in these proceedings. Mot. 7.
`
`Patent Owner’s assertions in this regard are supported by the Declaration of
`
`Mr. Lowenstein. Ex. 2003.
`
`Based on the facts set forth in the Motions and the accompanying
`
`Declarations from Mr. Lowenstein, we conclude that Mr. Lowenstein has
`
`sufficient legal and technical qualifications to represent Patent Owner in
`
`these cases, that Mr. Lowenstein has demonstrated the necessary familiarity
`
`with the subject matter of these cases, and that there is a need for Patent
`
`Owner to have counsel with experience as a litigation attorney in patent
`
`matters involved in these cases. Accordingly, Patent Owner has established
`
`good cause for Mr. Lowenstein’s pro hac vice admission. Mr. Lowenstein
`
`will be permitted to appear pro hac vice in these cases as back-up counsel
`
`only. See 37 C.F.R. § 42.10(c).
`
`
`2 For purposes of expediency, we refer to the papers filed in Case IPR2017-
`00114. Similar papers were filed in Case IPR2017-00116.
`
`2
`
`
`
`IPR2017-00114 (Patent 7,206,978 B2)
`IPR2017-00116 (Patent 7,334,150 B2)
`
`
`III. ORDER
`
`Accordingly, it is ORDERED that Patent Owner’s unopposed
`
`Motions for pro hac vice admission of Mr. Nathan Nobu Lowenstein are
`
`granted, and Mr. Lowenstein is authorized to represent Patent Owner as
`
`back-up counsel in these proceedings only;
`
`FURTHER ORDERED that Patent Owner is to continue to have a
`
`registered practitioner represent it as lead counsel in these proceedings;
`
`FURTHER ORDERED that Mr. Lowenstein shall 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. Lowenstein shall be subject to the
`
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), as well as the
`
`Office’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101
`
`et. seq.
`
`3
`
`
`
`IPR2017-00114 (Patent 7,206,978 B2)
`IPR2017-00116 (Patent 7,334,150 B2)
`
`PETITIONER:
`
`David Hoffman
`FISH & RICHARDSON P.C.
`hoffman@fr.com
`IPR37307-0009IP1@fr.com
`
`Martha Hopkins
`LAW OFFICES OF S.J. CHRISTINE YANG
`IPR@sjclawpc.com
`
`PATENT OWNER:
`
`Kenneth Weatherwax
`Nathan Lowenstein
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`
`
`4
`
`
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