`571.272.7822
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` Paper No. 92
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` Entered: April 15, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SANOFI-AVENTIS U.S. LLC, GENZYME CORP., and
`REGENERON PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`IMMUNEX CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-01879
`Patent 8,679,487 B2
`____________
`
`
`Before TINA E. HULSE, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Granting Petitioner’s Motion for Pro Hac Vice Admission of
`George W. Hicks, Jr.
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`IPR2017-01879
`Patent 8,679,487 B2
`On April 4, 2019, Petitioner filed a Motion for Admission Pro Hac
`Vice of George W. Hicks, Jr. in the above-referenced proceeding. Paper 91.
`The Motion is supported by the Declaration of Mr. Hicks. Ex. 1053. Patent
`Owner has not opposed the Motion.
`In accordance with 37 C.F.R. § 42.10(c), we may recognize counsel
`pro hac vice during a proceeding upon a showing of good cause. In
`authorizing a motion for pro hac vice admission, the Board requires the
`moving party to provide a statement of facts showing there is good cause for
`the Board to recognize counsel pro hac vice and an affidavit or declaration
`of the individual seeking to appear in the proceeding. See Paper 5, 2 (citing
`Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (PTAB
`Oct. 15, 2013) (Paper 7) (representative “Order – Authorizing Motion for
`Pro Hac Vice Admission”)).
`The Board has reviewed the submissions and determined that the
`requirements of 37 C.F.R. § 42.10 have been met and there is good cause to
`admit Mr. Hicks pro hac vice in the proceeding.
`Petitioner must submit a Power of Attorney for Mr. Hicks in
`accordance with 37 C.F.R. § 42.10(b) and must update its Mandatory
`Notices as required by 37 C.F.R. § 42.8(b)(3).
`
`It is, therefore,
`ORDERED that Petitioner’s motion for admission of George W.
`Hicks, Jr. pro hac vice is granted;
`FURTHER ORDERED that, within seven business days of the date of
`this Order, Petitioner must submit a Power of Attorney for Mr. Hicks in
`accordance with 37 C.F.R. § 42.10(b);
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`1
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`IPR2017-01879
`Patent 8,679,487 B2
`FURTHER ORDERED that Petitioner must file an updated
`mandatory notice identifying Mr. Hicks as back-up counsel in accordance
`with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Mr. Hicks is authorized to represent
`Petitioner as back-up counsel only in the instant proceeding, and that
`Petitioner is to continue to have a registered practitioner represent it as lead
`counsel for the instant proceeding;
`FURTHER ORDERED that Mr. Hicks is to comply with the Office
`Patent Trial Practice Guide as updated by the August 2018 Update,
`83 Federal Register 39,989 (Aug. 13, 2018) 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. Hicks is to be 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.
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`IPR2017-01879
`Patent 8,679,487 B2
`For PETITIONER:
`
`Lauren Fornarotto
`John Garvish
`John Campbell
`Matthew Cameron
`McKOOL SMITH P.C.
`lfornarotto@mckoolsmith.com
`jgarvish@mckoolsmith.com
`jcampbell@mckoolsmith.com
`mcameron@mckoolsmith.com
`
`
`For PATENT OWNER:
`
`Eldora L. Ellison
`David H. Holman
`David W. Roadcap
`Jaime M. Canaves
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`eellison-PTAB@skgf.com
`dholman-PTAB@skgf.com
`droadcap-PTAB@skgf.com
`jcanaves-PTAB@skgf.com
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