throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 30
`
` Entered: June 18, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KOKUSAI ELECTRIC CORPORATION,
`Petitioner,
`
`v.
`
`ASM IP HOLDING B.V.,
`Patent Owner.
`____________
`
`Case IPR2018-01151
`Patent 7,537,662 B2
`____________
`
`
`Before MICHAEL P. TIERNEY, Vice Chief Administrative Patent Judge,
`DONNA M. PRAISS, and CHRISTOPHER L. CRUMBLEY,
`Administrative Patent Judges.
`
`PRAISS, Administrative Patent Judge.
`
`
`
`ORDER
`Petitioner’s Unopposed Motion for Admission Pro Hac Vice of
`Austin Zuck
`37 C.F.R. § 42.10
`
`
`

`

`IPR2018-01151
`Patent 7,537,662 B2
`
`
`On June 13, 2019, Petitioner filed a Motion for Admission Pro Hac
`Vice of Austin Zuck. Paper 29 (“Motion”). The Motion is supported by a
`Declaration of Mr. Zuck. Ex. 1028. Petitioner represents that Patent Owner
`does not oppose the Motion. Paper 29, 3.
`Upon review of the record before us, we determine that the
`requirements of 37 C.F.R. § 42.10 have been met and there is good cause to
`admit Mr. Zuck pro hac vice.
`It is
`ORDERED that Petitioner’s unopposed motion for pro hac vice
`admission of Mr. Zuck is conditionally granted, provided that within ten
`(10) business days of the date of this order, Petitioner must submit a Power
`of Attorney for Mr. Zuck in accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Mr. Zuck is authorized to represent
`Petitioner only as back-up counsel in the instant proceeding;
`FURTHER ORDERED that Petitioner must file an updated
`mandatory notice identifying Mr. Zuck as back-up counsel in accordance
`with 37 C.F.R. § 42.8(b)(3);
`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. Zuck is to comply with the Office
`Patent Trial Practice Guide, including the August 2018 Update, 83 Fed. Reg.
`39,989 (Aug. 13, 2018), and the Board’s Rules of Practice for Trials, as set
`forth in Part 42 of Title 37, Code of Federal Regulations; and
`
`
`
`
`2
`
`

`

`IPR2018-01151
`Patent 7,537,662 B2
`
`
`FURTHER ORDERED that Mr. Zuck 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.1
`
`
`1 Mr. Zuck declares he will be “subject to the USPTO Code of Professional
`Responsibility set forth in 37 C.F.R. § 10.20 et seq.,” rather than the USPTO
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. Ex.
`1028 ¶ 9. We deem this to be harmless error.
`
`3
`
`
`

`

`IPR2018-01151
`Patent 7,537,662 B2
`
`For PETITIONER:
`
`Dion M. Bregman
`Michael J. Lyons
`Jason E. Gettleman
`MORGAN, LEWIS & BOCKIUS LLP
`dion.bregman@morganlewis.com
`michael.lyons@morganlewis.com
`jason.gettleman@morganlewis.com
`
`For PATENT OWNER:
`
`Kerry S. Taylor
`Adeel S. Akhtar
`Nathanael R. Luman
`Carol Pitzel Cruz
`Nathaniel R. Luman
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2kst@knobbe.com
`2asa@knobble.com
`2nrl@knobbe.com
`2cmp@knobbe.com
`2ndr@knobbe.com
`BoxASMMCL@knobbe.com
`
`
`
`
`
`
`
`4
`
`

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