` Entered: May 11, 2019
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SIRIUS XM RADIO INC.,
`Petitioner,
`
`v.
`
`FRAUNHOFER-GESELLSCHAFT ZUR FORDERNUNG DER
`ANGEWANDTEN E.V.,
`Patent Owner.
`____________
`
`IPR2018-00690
`Patent 6,314,289 B1
`____________
`
`
`
`Before JEFFREY S. SMITH, STACEY G. WHITE, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`
`ORDER
`Petitioner’s Motion for Admission
`Pro Hac Vice of Mark A. Baghdassarian
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2018-00690
`Patent 6,314,289 B1
`
`
`Petitioner filed a Motion for Pro Hac Vice Admission of Mark A.
`Baghdassarian in this proceeding. Paper 49 (“Motion”). Patent Owner filed
`an Opposition to the Motion. Paper 51 (“Opp.”). Petitioner filed a Reply to
`the Opposition. Paper 55 (“Reply”). The Motion is granted.
`In its Motion, Petitioner states that there is good cause for the Board
`to recognize Mr. Baghdassarian during this proceeding because “Mr.
`Baghdassarian . . . has extensive experience litigating patent infringement
`cases,” and because “Mr. Baghdassarian has familiarity with the subject
`matter at issue in this proceeding.” Motion 2. The Motion includes an
`Affidavit made by Mr. Baghdassarian, attesting to and sufficiently
`explaining these facts. Ex. 1033. In addition, Mr. Baghdassarian
`acknowledges that he will be subject to the USPTO Rules of Professional
`Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and to disciplinary
`jurisdiction under 37 C.F.R. § 11.19(a). Id.
`Upon consideration, Petitioner has demonstrated sufficiently that
`Mr. Baghdassarian has sufficient legal and technical qualifications to
`represent Petitioner in this proceeding.
`In its Opposition, Patent Owner contends that Petitioner could have
`filed the Motion twenty-six months earlier, and does not explain the delay.
`Opp. 2–3 (citing American Megatrends, Inc. v. Kinglite Holdings, Inc.,
`IPR2015-01079, Paper 49 at 27 (Oct. 27, 2016)). Patent Owner also
`contends that Petitioner will not be prejudiced by denial of the Motion. Id.
`In its Reply, Petitioner contends that the Motion in American
`Megatrends was filed two days before the subject deposition, thereby
`precluding the 10 day window during which the petitioner could have
`opposed the Motion. Reply 1–2. In contrast, Petitioner contends that in this
`
`
`
`2
`
`
`
`IPR2018-00690
`Patent 6,314,289 B1
`
`case, Petitioner filed its Motion with sufficient time for Patent Owner to
`oppose it and for the Board to rule on it. Id. at 2. Petitioner also contends
`that Patent Owner does not allege any prejudice as a result of the Motion,
`nor as a result of the timing of the same. Id.
`In this case, the absence of prejudice to Patent Owner as a result of the
`Motion, and the absence of prejudice to Patent Owner as a result of the
`timing of the Motion, lead us to conclude that the Motion should be granted.
`
`It is
`ORDERED that Petitioner’s motion for pro hac vice admission of
`Mark A. Baghdassarian is granted; Mr. Baghdassarian is authorized to
`represent Petitioner only as back-up counsel in the instant proceeding;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel for the instant proceeding;
`FURTHER ORDERED that Mr. Baghdassarian 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. Baghdassarian 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
`
`
`
`IPR2018-00690
`Patent 6,314,289 B1
`
`PETITIONER:
`
`Jonathan Caplan
`Shannon Hedvat
`Jeffrey Price
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jcaplan@kramerlevin.com
`shedvat@kramerlevin.com
`jprice@kramerlevin.com
`
`PATENT OWNER:
`
`Ben Yorks
`Babak Redjaian
`David McPhie
`Kamran Vakili
`IRELL & MANELLA LLP
`byorks@irell.com
`bredjaian@irell.com
`dmcphie@irell.com
`kvakili@irell.com
`
`
`
`
`
`
`
`
`4
`
`
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
