`Tel: 571-272-7822
`
`Paper 23
`Entered: June 14, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NAUTILUS, INC.,
`Petitioner,
`
`v.
`
`ICON HEATH & FITNESS INC.,
`Patent Owner.
`
`Case IPR2017-01363 (Patent 9,403,047 B2);
`Case IPR2017-01407 (Patent 9,616,276 B2);
`Case IPR2017-01408 (Patent 9,616,276 B2)1
`
`
`
`
`
`
`
`
`
`
`
`Before GEORGE R. HOSKINS, TIMOTHY J. GOODSON, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`ORDER
`Granting Motion for Pro Hac Vice Admission
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`1 This Order applies to each of the listed cases. These proceedings have not
`been consolidated. The parties may use a consolidated caption only if a
`paper contains a footnote indicating that the identical paper has been filed in
`each proceeding.
`
`
`
`
`
`IPR2017-01363 (Patent 9,403,047 B2)
`IPR2017-01407 (Patent 9,616,276 B2)
`IPR2017-01408 (Patent 9,616,276 B2)
`
`
`
`In each of the three proceedings identified above, Nautilus, Inc.
`
`(“Petitioner”) filed a motion for pro hac vice admission of Lane M. Polozola
`
`and a declaration in support of that motion. See Paper 22; Ex. 1011.2 Patent
`
`Owner has not filed an opposition to the Motion. After reviewing
`
`Petitioner’s motion and the supporting declaration, the motion is granted.
`
`ORDER
`
`
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the Petitioner’s motion for pro hac vice admission is
`
`granted, and Mr. Polozola is authorized to represent Petitioner as back-up
`
`counsel in IPR2017-01363, IPR2017-01407, and IPR2017-01408;
`
`FURTHER ORDERED that Petitioner shall submit, within seven
`
`(7) days of this Order, a Power of Attorney identifying Mr. Polozola in
`
`accordance with 37 C.F.R. § 42.10(b);
`
`FURTHER ORDERED that Petitioner must file an updated
`
`mandatory notice identifying Mr. Polozola as back-up counsel in accordance
`
`with 37 C.F.R. § 42.8(b)(3);
`
`
`
`FURTHER ORDERED that Petitioner shall continue to have a
`
`registered practitioner as lead counsel in this proceeding;
`
`
`
`FURTHER ORDERED that Mr. Polozola shall comply with the
`
`Board’s Rules of Practice for Trials, as set forth in Title 37, Part 42 of the
`
`Code of Federal Regulations; and
`
`
`2 For expediency, this Order cites only to papers filed in Case IPR2017-
`01363. Similar or identical papers were also filed in the other proceedings.
`
`2
`
`
`
`IPR2017-01363 (Patent 9,403,047 B2)
`IPR2017-01407 (Patent 9,616,276 B2)
`IPR2017-01408 (Patent 9,616,276 B2)
`
`
`
`FURTHER ORDERED that Mr. Polozola 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.
`
`3
`
`
`
`IPR2017-01363 (Patent 9,403,047 B2)
`IPR2017-01407 (Patent 9,616,276 B2)
`IPR2017-01408 (Patent 9,616,276 B2)
`
`
`
`PETITIONER:
`
`Ryan McBrayer
`Amy E. Simpson
`PERKINS COIE LLP
`rmcbrayer@perkinscoie.com
`asimpson@perkinscoie.com
`
`PATENT OWNER:
`
`John Gadd
`Mark Ford
`Adam Smoot
`MASCHOFF BRENNAN
`jgadd@mabr.com
`mford@mabr.com
`asmoot@mabr.com
`
`
`
`
`
`
`
`4
`
`
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