`571-272-7822
`
`
`Paper No. 20
`
`Entered: March 28, 2018
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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FISHER & PAYKEL HEALTHCARE LIMITED,
`Petitioner,
`
`v.
`
`RESMED LIMITED,
`Patent Owner.
`____________
`
`Case IPR2017-00632
`Patent 8,944,061 B2
`____________
`
`
`Before BARRY L. GROSSMAN, BEVERLY M. BUNTING and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Motions for Pro Hac Vice Admission
`of Geoffrey D. Biegler and Jason M. Zucchi
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`IPR2017-00632
`Patent 8,944,061 B2
`
`
`Patent Owner filed Unopposed Motions for Pro Hac Vice Admission
`of Geoffrey D. Biegler (Paper 12) and Jason M. Zucchi (Paper 13)
`(“Motions”). Patent Owner also filed Declarations of Mr. Biegler (Ex.
`2001) and Mr. Zucchi (Ex. 2002) in support, respectively, of the Motions.
`(“Declarations”). The Motions and Declarations establish that Messrs.
`Biegler and Zucchi are experienced litigating attorneys, have familiarity
`with the subject matter at issue in this proceeding, and otherwise satisfy all
`requirements for pro hac vice admission to a proceeding before the Board.
`See Paper 12; Ex. 2001; see also Paper 13; Ex. 2002. Patent Owner
`indicates that it would be prejudiced if Messrs. Biegler and Zucchi are not
`admitted. Paper 12, 5; Paper 13, 4. Patent Owner attests that Petitioner does
`not oppose the Motions. Paper 12, 1; Paper 13, 1.
`Patent Owner must submit Powers of Attorney for Messrs. Biegler
`and Zucchi in accordance with 37 C.F.R. § 42.10(b), and must update its
`Mandatory Notice as required by 37 C.F.R. § 42.8(b)(3).
`
`After considering Patent Owner’s Motions and the Declarations, it is:
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Messrs. Biegler and Zucchi are granted;
`FURTHER ORDERED that, within seven (7) business days of the
`date of this Order, Patent Owner must submit Powers of Attorney for
`Messrs. Biegler and Zucchi in accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Patent Owner must file an updated
`Mandatory Notice identifying Messrs. Biegler and Zucchi as back-up
`counsel in accordance with 37 C.F.R. § 42.8(b)(3);
`
`
`
`2
`
`
`
`IPR2017-00632
`Patent 8,944,061 B2
`
`
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner as lead counsel in the instant proceeding, but Messrs.
`Biegler and Zucchi are authorized to be designated as backup counsel; and
`FURTHER ORDERED that Messrs. Biegler and Zucchi are 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 C.F.R., and are subject to the
`USPTO’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a) and the
`USPTO Rules of Professional Conduct as set forth in 37 C.F.R. §§ 11.101 et
`seq.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00632
`Patent 8,944,061 B2
`
`For PETITIONER:
`
`Brenton R. Babcock
`Benjamin J. Everton
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`BoxFPH538@Knobbe.com
`
`For PATENT OWNER:
`
`Michael T. Hawkins
`Michael J. Kane
`Christopher C. Hoff
`Stephen R. Schaefer
`Geoffrey D. Biegler
`FISH & RICHARDSON P.C.
`IPR36784-0060P1@fr.com
`PTABInbound@fr.com
`
`
`
`
`
`4
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