`571-272-7822
`
`
`
`
`Paper No. 20
`Entered: February 5, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICRO LABS LIMITED
`and MICRO LABS USA INC.,
`Petitioner,
`
`v.
`
`SANTEN PHARMACEUTICAL CO. LTD.
`and ASAHI GLASS CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01434
`Patent 5,886,035
`____________
`
`
`
`Before JO-ANNE M. KOKOSKI, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Petitioner’s Motion for Admission
`Pro Hac Vice of H. Keeto Sabharwal
`37 C.F.R. § 42.10
`
`
`
`IPR2017-01434
`Patent 5,886,035
`
`
`Petitioner filed a Motion requesting pro hac vice admission of
`H. Keeto Sabharwal, and provided a Declaration from Mr. Sabharwal in
`support of the request. Paper 17 (“Mot.”).1 Petitioner’s lead counsel, Cedric
`C. Y. Tan, is a registered practitioner. Patent Owner did not file an
`opposition to the Motion.
`The Board has reviewed the submissions and determined that
`Petitioner has established good cause for Mr. Sabharwal’s pro hac vice
`admission. See 37 C.F.R. § 42.10(c); Unified Patents, Inc. v. Parallel Iron,
`LLC, Case IPR2013-00639, slip op. at 3–4 (PTAB Oct. 15, 2013) (Paper 7)
`(setting forth the requirements for pro hac vice admission). It is noted,
`however, that the USPTO Rules of Professional Conduct are set forth in 37
`C.F.R. §§ 11.101–11.901, and it those rules to which Mr. Sabharwal will be
`subject. See Mot. ¶ 12 (citing “37 C.F.R. §§ 10.20 et seq.”).
`
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Motion for pro hac vice admission of
`Mr. H. Keeto Sabharwal is granted;
`FURTHER ORDERED that Mr. Sabharwal is authorized to represent
`Petitioner as back-up counsel only, and Petitioner is to continue to have a
`registered practitioner as lead counsel in the instant proceeding;
`
`
`1 Petitioner filed the Motion and Declaration as a single paper in the Patent
`Trial and Appeal Board End to End (PTAB E2E) system. The parties are
`reminded that affidavits and declarations must be filed as exhibits so that
`they may be referenced individually by exhibit number. See 37 C.F.R.
`§ 42.63.
`
`
`
`2
`
`
`
`IPR2017-01434
`Patent 5,886,035
`
`
`FURTHER ORDERED that Mr. Sabharwal is to 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. Sabharwal is subject to the Office’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO’s Rules
`of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`PETITIONER:
`Cedric C.Y. Tan
`Sean M. Weinman
`PILLSBURY WINTHROP
`SHAW PITTMAN LLP
`cedric.tan@pillsburylaw.com
`sean.weinman@pillsburylaw.com
`
`
`PATENT OWNER:
`Arlene L. Chow
`Eric J. Lobenfeld
`Ernest Yakob, Ph.D.
`HOGAN LOVELLS US LLP
`arlene.chow@hoganlovells.com
`eric.lobenfeld@hoganlovells.com
`ernest.yakob@hoganlovells.com
`
`
`
`
`
`
`
`
`3
`
`