throbber
Trials@uspto.gov
`571-272-7822
`
`Paper 11
`Entered: February 7, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DISH NETWORK L.L.C.,
`Petitioner,
`
`v.
`
`TQ DELTA, LLC,
`Patent Owner.
`____________
`
`Cases
`IPR2016-01469 (Patent 9,094,268 B2)
`IPR2016-01470 (Patent 8,611,404 B2)
`IPR2017-00251 (Patent 7,835,430 B2)
`IPR2017-00253 (Patent 8,238,412 B2)
`IPR2017-00254 (Patent 9,014,243 B2)
`IPR2017-00255 (Patent 8,718,158 B2)1
`____________
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`DESHPANDE, Administrative Patent Judge.
`
`ORDER
`Motion for Pro Hac Vice Admission
`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.
`
`

`

`IPR2016-01469 (Patent 9,094,268 B2)
`IPR2016-01470 (Patent 8,611,404 B2)
`IPR2017-00251 (Patent 7,835,430 B2)
`IPR2017-00253 (Patent 8,238,412 B2)
`IPR2017-00254 (Patent 9,014,243 B2)
`IPR2017-00255 (Patent 8,718,158 B2)
`
`
`As authorized by the Notice of Filing Date Accorded to the Petition
`(Paper 72), Dish Network L.L.C. (“Petitioner”) filed a “Motion for Pro Hac
`Vice Admission” (Paper 9, “Mot.”) of Stephen McBride. Petitioner is
`expected to continue to have a registered practitioner as lead counsel. TQ
`Delta, LLC (“Patent Owner”) has not opposed Petitioner’s Motion.
`
`Petitioner asserts that there is good cause for us to recognize Mr.
`McBride pro hac vice in these proceedings. Mot. 1. Petitioner’s assertions
`in this regard are supported by a Declaration of Mr. McBride. Ex. 1056.3
`We determine that Petitioner has established that there is good cause for the
`pro hac vice admission of Mr. McBride in these proceedings. Petitioner’s
`Motion is granted. See 37 C.F.R. § 42.10(c); see also Unified Patents, Inc.
`v. Parallel Iron, LLC, IPR2013-00639, Order Authorizing Motion for Pro
`Hac Vice Admission, Paper 7 (October 15, 2003) (setting forth requirements
`for pro hac vice admission).4
`It is
`ORDERED that Petitioner’s Motion for pro hac vice admission is
`granted, and Mr. McBride is authorized to represent Petitioner as back-up
`
`
`2 All citations are to IPR2016-01469 unless otherwise noted. IPR2016-
`01470, IPR2017-00251, IPR2017-00253, IPR2017-00254, and IPR2017-
`00255 include the same cited papers and exhibits.
`3 Petitioner also filed a Biography of Mr. McBride (Ex. 1055) in support of
`the Motion.
`4 Available at http://www.uspto.gov/patents-application-process/appealing-
`patent-decisions/decisions-and-opinions/representative-orders.
`2
`
`

`

`IPR2016-01469 (Patent 9,094,268 B2)
`IPR2016-01470 (Patent 8,611,404 B2)
`IPR2017-00251 (Patent 7,835,430 B2)
`IPR2017-00253 (Patent 8,238,412 B2)
`IPR2017-00254 (Patent 9,014,243 B2)
`IPR2017-00255 (Patent 8,718,158 B2)
`
`counsel in IPR2016-01469, IPR2016-01470, IPR2017-00251, IPR2017-
`00253, IPR2017-00254, and IPR2017-00255;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner as lead counsel in these inter partes review
`proceedings;
`FURTHER ORDERED that Mr. McBride is to 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 that Mr. McBride is 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 Petitioner must file an updated
`mandatory notice identifying lead and back-up counsel in accordance with
`37 C.F.R. §§ 42.8, 42.10 within three (3) business days.
`
`
`
`
`
`
`3
`
`

`

`IPR2016-01469 (Patent 9,094,268 B2)
`IPR2016-01470 (Patent 8,611,404 B2)
`IPR2017-00251 (Patent 7,835,430 B2)
`IPR2017-00253 (Patent 8,238,412 B2)
`IPR2017-00254 (Patent 9,014,243 B2)
`IPR2017-00255 (Patent 8,718,158 B2)
`
`
`For PETITIONER:
`
`Heidi L. Keefe
`COOLEY LLP
`hkeefe@cooley.com
`zpatdcdocketing@cooley.com
`
`
`
`For PATENT OWNER:
`
`Peter McAndrews
`Thomas Wimbiscus
`Scott McBride
`Christopher Scharff
`MCANDREWS HELD & MALLOY
`pmcandrews@mcandrews-ip.com
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`
`
`4
`
`

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