`571.272.7822
`
`
`Paper 19
`
`Entered: October 31, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`APPLE, INC.
`Petitioner,
`
`v.
`
`VIRNETX, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00337
`Patent 9,038,163 B2
`____________
`
`
`
`Before KARL D. EASTHOM, JENNIFER S. BISK, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Petitioner’s Motion for Admission Pro Hac Vice of
`Scott M. Border
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`IPR2017-00337
`Patent 9,038,163 B2
`
`
`Petitioner filed a motion for pro hac vice admission of Scott M.
`Border (Paper 12), supported by his declaration (Ex. 1056), in this
`proceeding. The motion is unopposed.
`Based on the facts set forth in the motion and the accompanying
`declaration, we conclude that Mr. Border has sufficient legal and technical
`qualifications to represent Petitioner in this proceeding, that he has
`demonstrated the necessary familiarity with the subject matter of this case,
`and that there is a need for Petitioner to have counsel with his experience.
`Accordingly, Petitioner has established good cause for the pro hac vice
`admission of Mr. Border.
`For the foregoing reasons, it is hereby:
`ORDERED that Petitioner’s motion for pro hac vice admission of
`Scott M. Border is granted, and Mr. Border is authorized to represent
`Petitioner as back-up counsel in this proceeding;
`FURTHER ORDERED that Petitioner continue to have a registered
`practitioner as lead counsel in this proceeding;
`FURTHER ORDERED that a power of attorney must be filed with
`the designation of counsel for Mr. Border in accordance with 37 C.F.R.
`§ 42.10(b);
`FURTHER ORDERED that Mr. Border 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
`FURTHER ORDERED that Mr. Border is subject to the Office’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and to the USPTO
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`IPR2017-00337
`Patent 9,038,163 B2
`
`PETITIONER:
`
`Jeffrey P. Kushan
`Thomas A. Broughan, III
`Scott Border
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`tbroughan@sidley.com
`sborder@sidley.com
`
`Joseph Loy
`KIRKAND & ELLIS LLP
`jloy@kirkland.com
`
`
`PATENT OWNER:
`
`Joseph E. Palys
`Naveen Modi
`PAUL HASTINGS LLP
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`
`
`
`
`
`
`
`
`
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