`571-272-7822
`
`
`
`
`Paper 19
`Entered: October 9, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NOKIA OF AMERICA CORPORATION,
`Petitioner,
`
`v.
`
`BLACKBERRY LTD.,
`Patent Owner.
`_______________
`
`Case IPR2018-00635 Patent 6,996,418 B2
`Case IPR2018-00637 Patent 8,897,192 B21
`_______________
`
`
`
`Before JAMES B. ARPIN, GARTH D. BAER, and AARON W. MOORE,
`Administrative Patent Judges.
`
`ARPIN, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Patent Owner’s Unopposed Motions for
`Pro Hac Vice Admission of Garrard Beeney, W. Rudolph Kleysteuber, and
`Ying Angela Chang
`37 C.F.R. § 42.10(c)
`
`
`
`
`1 This Decision applies to each of the listed cases. We exercise our
`discretion to issue one Decision to be entered in each case. The parties are
`not authorized to use a multiple case caption.
`
`
`
`Case IPR2018-00635 Patent 6,996,418 B2
`Case IPR2018-00637 Patent 8,897,192 B2
`I. INTRODUCTION
`
`BlackBerry Ltd. (“Patent Owner”) filed Motions for Pro Hac Vice
`Admission of Garrard Beeney, W. Rudolph Kleysteuber, and Ying Angela
`Chang. IPR2018-00635, Papers 15–17; IPR2018-00637, Papers 16–18 (“the
`Motions”). Patent Owner indicates that it has conferred with Nokia of
`America Corporation (“Petitioner”) and that Petitioner does not oppose the
`Motions. E.g., IPR2018-00635, Paper 15, 1 (“Petitioner does not oppose
`this motion.”). For the reasons provided below, the Motions are granted.
`
`II. DISCUSSION
`
`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, subject to
`the condition that lead counsel be a registered practitioner. The
`representative Order authorizing motions for pro hac vice admission requires
`a statement of facts showing there is good cause for us to recognize counsel
`pro hac vice, and an affidavit or declaration of the individual seeking to
`appear. See, e.g., IPR2018-00635, 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”)).
`In each of these proceedings, lead counsel for Patent Owner,
`Michael E. Cox, is a registered practitioner. E.g., IPR2018-00635, Paper 3,
`2. Patent Owner asserts that there is good cause for us to recognize
`Mr. Beeney, Mr. Kleysteuber, and Ms. Chang pro hac vice in these
`proceedings. E.g., IPR2018-00635, Paper 15, 1. Patent Owner’s assertions
`in this regard are adequately supported by the Declarations of Mr. Beeney,
`
`2
`
`
`
`Case IPR2018-00635 Patent 6,996,418 B2
`Case IPR2018-00637 Patent 8,897,192 B2
`Mr. Kleysteuber, and Ms. Chang and their biographies. IPR2018-00635,
`Exs. 2003–2005; IPR2018-00637, Exs. 2003–2005.
`Having considered Patent Owner’s unopposed Motions and the
`exhibits filed in support of the Motions, Patent Owner has established that
`there is good cause for the pro hac vice admission of Mr. Beeney,
`Mr. Kleysteuber, and Ms. Chang in each proceeding.
`
`III. ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s unopposed Motions for Pro Hac Vice
`Admission of Garrard Beeney, W. Rudolph Kleysteuber, and Ying Angela
`Chang in Cases IPR2018-00635 and IPR2018-00637 are granted, and
`Mr. Beeney, Mr. Kleysteuber, and Ms. Chang are authorized to represent
`Patent Owner as back-up counsel only in these proceedings;
`FURTHER ORDERED that Patent Owner shall continue to have a
`registered practitioner represent it as lead counsel in these proceedings;
`FURTHER ORDERED that Mr. Beeney, Mr. Kleysteuber, and
`Ms. Chang shall 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. Beeney, Mr. Kleysteuber, and
`Ms. Chang shall be subject to the Office’s disciplinary jurisdiction under 37
`C.F.R. § 11.19(a), as well as the Office’s Rules of Professional Conduct set
`forth in 37 C.F.R. §§ 11.101 et. seq.
`
`
`
`
`
`
`3
`
`
`
`Case IPR2018-00635 Patent 6,996,418 B2
`Case IPR2018-00637 Patent 8,897,192 B2
`
`For PETITIONER:
`
`Kevin K. McNish
`Alan S. Kellman
`DESMARAIS LLP
`kkm-ptab@desmaraisllp.com
`akellman@desmaraisllp.com
`
`For PATENT OWNER:
`
`Stephen J. Elliott
`Steve Hsieh
`SULLIVAN & CROMWELL LLP
`elliotts@sullcrom.com
`hsiehs@sullcrom.com
`
`Michael T. Hawkins
`Michael E. Cox
`FISH & RICHARDSON P.C.
`hawkins@fr.com
`cox@fr.com
`PTABInbound@fr.com
`
`
`
`4
`
`
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