`Tel: 571-272-7822
`
`
`
`
` Paper 60
`Entered: February 7, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`HUNTING TITAN, INC.,
`Petitioner,
`
`v.
`
`DYNAENERGETICS GMBH & CO. KG,
`Patent Owner.
`
`
`IPR2018-00600
`Patent 9,581,422 B2
`
`
`
`Before SCOTT R. BOALICK, Chief Administrative Patent Judge.
`
`
`
`
`ORDER
`Conditionally Granting Patent Owner’s Unopposed Motions for
`Pro Hac Vice Admission of Christine H. Dupriest and William R. Hubbard
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`IPR2018-00600
`Patent 9,581,422 B2
`
`
`On December 18, 2019, Patent Owner filed motions for pro hac vice
`admission of Christine H. Dupriest (Paper 47) and William R. Hubbard
`(Paper 48) (collectively, “Motions”). Additionally, Patent Owner submitted
`declarations from Ms. Dupriest and from Mr. Hubbard in support of the
`Motions (collectively, “Declarations”).1 Petitioner has not opposed the
`Motions.
`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, IPR2013-00639, Paper 7 (PTAB
`Oct. 15, 2013) (representative “Order – Authorizing Motion for Pro Hac
`Vice Admission”)).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Ms. Dupriest and Mr. Hubbard have
`sufficient legal and technical qualifications to represent Patent Owner in this
`proceeding, that Ms. Dupriest and Mr. Hubbard have demonstrated
`sufficient familiarity with the subject matter of this proceeding, and that
`there is a need for Patent Owner to be represented by counsel with litigation
`experience. Accordingly, Patent Owner has established good cause for pro
`
`
`1 Patent Owner filed the Declarations as part of the Motions. Affidavits and
`declarations must be filed separately as exhibits. See 37 C.F.R. § 42.63(a)
`(“Evidence consists of affidavits, transcripts of depositions, documents, and
`things. All evidence must be filed in the form of an exhibit.”).
`
`
`
`IPR2018-00600
`Patent 9,581,422 B2
`
`hac vice admission of Ms. Dupriest and Mr. Hubbard. Ms. Dupriest and
`Mr. Hubbard will be permitted to serve as back-up counsel only. See
`37 C.F.R. § 42.10(c).
`Accordingly, it is hereby:
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Christine H. Dupriest (Paper 47) and William R. Hubbard (Paper 48) are
`conditionally granted, provided that within ten (10) business days of the date
`of this order, Patent Owner must submit Powers of Attorney for
`Ms. Dupriest and Mr. Hubbard in accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Patent Owner must file updated
`mandatory notices identifying Ms. Dupriest and Mr. Hubbard as back-up
`counsel in accordance with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Patent Owner must file the Declarations
`from Ms. Dupriest and Mr. Hubbard as separate exhibits in accordance with
`37 C.F.R. § 42.63(a);
`FURTHER ORDERED that Ms. Dupriest and Mr. Hubbard shall
`comply with the Office Patent Trial Practice Guide (84 Fed. Reg. 64,280
`(Nov. 21, 2019)), and the Board’s Rules of Practice for Trials, as set forth in
`Title 37, Part 42 of the Code of Federal Regulations;2
`FURTHER ORDERED that Ms. Dupriest and Mr. Hubbard are
`subject to the USPTO Rules of Professional Conduct as set forth in
`
`
`2 The Declarations state that “I have read and will comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials set
`forth in part 42 of the [C.F.R.].” Paper 47 ¶ 6; Paper 48 ¶ 6. The Board’s
`Rules of Practice for Trials are set forth in Part 42 of Title 37, Code of
`Federal Regulations. We deem this harmless error, however, Patent Owner
`should correct this statement when filing the Declarations as exhibits.
`
`
`
`IPR2018-00600
`Patent 9,581,422 B2
`
`37 C.F.R. §§ 11.101 et seq. and the USPTO’s disciplinary jurisdiction under
`37 C.F.R. § 11.19(a); and
`FURTHER ORDERED that Patent Owner shall continue to have a
`registered practitioner as lead counsel in the instant proceeding.
`
`
`
`
`
`IPR2018-00600
`Patent 9,581,422 B2
`
`PETITIONER:
`
`Jason Saunders
` jsaunders@arnold-iplaw.com
`
`Gordon T. Arnold
`garnold@arnold-iplaw.com
`
`Christopher P. McKeon
`cmckeon@arnold-iplaw.com
`
`PATENT OWNER:
`Barry J. Herman
`barry.herman@wbd-us.com
`
`Preston H. Heard
`preston.heard@wbd-us.com
`
`Lisa J. Moyles
`lmoyles@moylesip.com
`
`Jason M. Rockman
`jrockman@moylesip.com
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
