`571-272-7822
`
`
`Paper 21
` Entered: December 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HUAWEI DEVICE CO., LTD,
`Petitioner,
`
`v.
`
`MAXELL, LTD,
`Patent Owner.
`____________
`
`Case IPR2018-00233
`Patent 6,754,440 B2
`____________
`
`Before MINN CHUNG, TERRENCE W. McMILLIN, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Unopposed Motion for Admission
`of Hyun Byun Pro Hac Vice
`37 C.F.R. § 42.10
`
`
`
`
`
`Case IPR2018-00233
`Patent 6,754,440 B2
`
`
`
`
`
`Petitioner filed an Unopposed Motion for Pro Hac Vice Admission of
`Hyun Byun under 37 C.F.R. § 42.10(c). Paper 15 (“Motion” or “Mot.”).
`The Motion is supported by a Declaration from Mr. Byun. Ex. 1024.
`Petitioner indicates that Patent Owner does not oppose the Motion. Mot. 1.
`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 3, 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”)).
`Based on the facts set forth in the Motion and the accompanying
`Declaration, we conclude that Mr. Byun has sufficient legal and technical
`qualifications to represent Petitioner in these proceedings and that Mr. Byun
`has demonstrated sufficient familiarity with the subject matter of this
`proceeding. See Ex. 1024 ¶¶ 8–10. Accordingly, Petitioner has established
`good cause for pro hac vice admission of Mr. Byun. Mr. Byun will be
`permitted to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`It is therefore:
`ORDERED that Petitioner’s Motion for Pro Hac Vice admission of
`Hyun Byun is granted;
`
`
`
`2
`
`
`
`
`
`Case IPR2018-00233
`Patent 6,754,440 B2
`
`
`
`FURTHER ORDERED that Mr. Byun is authorized to represent
`Petitioner as back-up counsel only in this proceeding, and that Petitioner is
`to continue to have a registered practitioner represent it as lead counsel;
`FURTHER ORDERED that Petitioner must file updated mandatory
`notices identifying Mr. Byun as back-up counsel in accordance with
`37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Mr. Byun 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. Byun 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.
`
`
`
`
`
`3
`
`
`
`
`
`
`
`Case IPR2018-00233
`Patent 6,754,440 B2
`
`
`FOR PETITIONER:
`Peter Chen
`David Garr
`Greg Discher
`Anupam Sharma
`COVINGTON & BURLING LLP
`pchen@cov.com
`dgarr@cov.com
`gdischer@cov.com
`asharma@cov.com
`
`FOR PATENT OWNER:
`Robert Pluta
`Amanda Bonner
`Saqib Siddiqui
`Bryan Nese
`MAYER BROWN, LLP
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`
`
`
`4
`
`
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