`571.272.7822
`
`
`
`
`Paper No. 12
`Entered: June 26, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FASTENERS FOR RETAIL, INC.,
`Petitioner,
`
`v.
`
`RTC INDUSTRIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00741 (Patent 9,173,505)
`Case IPR2018-00742 (Patent 9,149,132)1
`____________
`
`
`Before PATRICK. R. SCANLON, MICHAEL L. WOODS, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`WOODS, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Motions for Pro Hac Vice Admission of
`William B. Berndt and Ron N. Sklar
`37 C.F.R. § 42.10
`
`
`
`
`
`1 We issue one Order and enter it in each proceeding.
`
`
`
`IPR2018-00741 (Patent 9,173,505)
`IPR2018-00742 (Patent 9,149,132)
`
`
`As authorized by the Notice of Filing Date Accorded to Petition
`(Paper 3), Petitioner filed motions for pro hac vice admission of William B.
`Berndt (“Berndt Motion,” Paper 6) and Ron N. Sklar (“Sklar Motion,” Paper
`7) along with a declaration of William B. Berndt (Ex. 1026) and a biography
`of William B. Berndt (Ex. 1027) in support of the Berndt Motion and a
`declaration of Ron N. Sklar (Ex. 1028) and a biography of Ron N. Berndt
`(Ex. 1029) in support of the Sklar Motion.2 Patent Owner did not file an
`opposition to the Motion.
`The Motions are granted in each of IPR2018-00741 and IPR2018-
`00742. See 37 C.F.R. § 42.10(c); see also IPR2013-00639, Paper 7 (setting
`forth requirements for pro hac vice admission).3
`It is
`ORDERED that the Motions seeking admission pro hac vice for
`William B. Berndt and Ron N. Sklar are granted in proceedings IPR2018-
`00741 and IPR2018-00742;
`FURTHER ORDERED that William B. Berndt and Ron N. Sklar may
`not act as lead counsel in any of these Proceedings;
`FURTHER ORDERED that a registered practitioner must remain as
`lead counsel throughout each of the Proceedings;
`FURTHER ORDERED that William B. Berndt and Ron N. Sklar are
`to comply with the Office Patent Trial Practice Guide and the Board’s Rules
`
`
`2 Our citations to Papers and Exhibits will be to those filed in IPR2018-
`00741. Similar Papers and Exhibits were filed in IPR2018-00742.
`3 Available at http://www.uspto.gov/patents-application-process/appealing-
`patent-decisions/decisions-and-opinions/representative-orders.
`
`2
`
`
`
`IPR2018-00741 (Patent 9,173,505)
`IPR2018-00742 (Patent 9,149,132)
`
`of Practice for Trials, as set forth in Part 42 of Title 37, Code of Federal
`Regulations;4 and
`FURTHER ORDERED that William B. Berndt and Ron N. Sklar are
`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.5
`
`
`
`
`
`
`
`
`4 The declarations state that Mr. Berndt and Mr. Sklar have read and will
`comply “with the Office Patent Trial Practice Guide and the Board’s Rule of
`Practice for Trials set forth in part 42 of the C.F.R.” (emphasis added) Ex.
`1026 ¶ 5; Ex. 1028 ¶ 5. We note, however, that the Office Patent Trial
`Practice Guide and the Board’s Rules of Practice for Trials are set forth in
`Part 42 of 37 C.F.R., and it is those rules to which Mr. Berndt and Mr. Sklar
`will be subject. We deem this harmless error.
`5 The declarations state that Mr. Berndt and Mr. Sklar “will be subject to the
`USPTO Code of Professional Responsibility set forth in 37 C.F.R. §§ 10.20
`et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a)” rather than
`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. Ex. 1026 ¶ 6; Ex. 1028 ¶ 6. We deem this
`harmless error.
`
`3
`
`
`
`IPR2018-00741 (Patent 9,173,505)
`IPR2018-00742 (Patent 9,149,132)
`
`PETITIONER:
`Doug Siegel
`dsiegel@honigman.com
`
`William B. Berndt
`wberndt@honigman.com
`
`Ron N. Sklar
`rsklar@honigman.com
`
`
`PATENT OWNER:
`Joseph Berghammer
`jberghammer@bannerwitcoff.com
`
`Scott Burow
`sburow@bannerwitcoff.com
`
`Bradley Van Pelt
`bvanpelt@bannerwitcoff.com
`
`Kevin Keenan
`kkeenan@bannerwitcoff.com
`
`Eric Zelepugas
`ezelepugas@bannerwitcoff.com
`
`4
`
`
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