`571.272.7822
`
`
`Paper No. 11
`
` Entered: October 16, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EDGE ENDO, LLC,
`Petitioner,
`v.
`MAILLEFER INSTRUMENTS HOLDING S.A.R.L.
`Patent Owner.
`____________
`
`Case IPR2018-01349
`Patent 9,801,696 B2
`____________
`
`
`Before BART A. GERSTENBLITH, ROBERT A. POLLOCK, and
`RICHARD J. SMITH, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`DECISION
`Granting Patent Owner’s Motions for Admission Pro Hac Vice of
`Steven Lieberman and Rachel M. Echols
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`IPR2018-01349
`Patent 9,801,696 B2
`
`
`DISCUSSION
`I.
`Maillefer Instruments Holding S.a.r.l. (“Patent Owner”) filed motions
`for admission pro hac vice of Steven Lieberman (Paper 6) and Rachel M.
`Echols (Paper 8) (collectively, “Motions”). Patent Owner also filed
`declarations of Steven Lieberman (Paper 7) and Rachel M. Echols (Paper 9)
`in support of the motions. 1 Petitioner Edge Endo, LLC has not opposed the
`Motions.
`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 and to any other conditions as the Board may
`impose.” 37 C.F.R. § 42.10(c). In authorizing motions for pro hac vice
`admission, we require the moving party to provide a statement of facts
`showing that there is good cause for us to recognize counsel pro hac vice
`and an affidavit or declaration of the individual seeking to appear. Paper 3,
`2 (referencing IPR2013-00639, Paper 7).
`Patent Owner’s Motions and the accompanying Declarations show
`sufficiently good cause for us to recognize Mr. Lieberman and Ms. Echols as
`counsel pro hac vice.
`
`
`1 Patent Owner filed the Declarations as Papers. Patent Owner is reminded
`that affidavits and declarations must be filed 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.”).
`
`2
`
`
`
`IPR2018-01349
`Patent 9,801,696 B2
`
`
`II. ORDER
`
`It is:
`ORDERED that Patent Owner’s Motions for Admission Pro Hac Vice
`of Steven Lieberman (Paper 6) and Rachel M. Echols (Paper 8) are granted;
`Mr. Lieberman and Ms. Echols are authorized to represent Patent Owner
`only as back-up counsel in these proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for these proceedings;
`FURTHERED ORDERED that, within seven (7) business days of the
`date of this Order, Patent Owner shall submit Powers of Attorney for
`Mr. Lieberman and Ms. Echols in accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that, within seven (7) business days of the
`date of this Order, Patent Owner shall file an updated mandatory notice
`identifying Mr. Lieberman and Ms. Echols as back-up counsel in accordance
`with 37 C.F.R. §§ 42.8(b)(3);
`FURTHER ORDERED that Mr. Lieberman and Ms. Echols are 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, as updated by the Office Patent Trial Practice Guide,
`August 2018 Update, 83 Federal Register 39,989 (Aug. 13, 2018); and
`FURTHER ORDERED that Mr. Lieberman and Ms. Echols 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.
`§§ 11.101–11.901.
`
`
`
`3
`
`
`
`IPR2018-01349
`Patent 9,801,696 B2
`
`PETITIONER:
`
`Jeffrey S. Ginsberg
`Abhishek Bapna
`PATTERSON BELKNAP WEBB & TYLER LLP
`jginsberg@pbwt.com
`abapna@pbwt.com
`
`
`
`PATENT OWNER:
`
`Joseph A. Hynds
`Eric D. Blatt
`Rothwell, Figg, Ernst & Manbeck, P.C.
`jhynds@rfem.com
`eblatt@rfem.com
`
`
`
`4
`
`
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