`571-272-7822
`
`
`
`
`
`
`
`Paper 28
`Date: July 9, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MMODAL LLC,
`Petitioner,
`
`v.
`
`NUANCE COMMUNICATIONS, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-01431 (Patent 8,117,034 B2)
`Case IPR2018-01435 (Patent 6,999,933 B2)1
`____________
`
`
`
`
`
`Before NEIL T. POWELL, and CHRISTA P. ZADO, Administrative Patent
`Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`
`DECISION
`Motions for Pro Hac Vice Admission of Alison H. Hutton
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`1 This Order applies to both cases. The parties are not authorized to use this style
`heading for any subsequent papers.
`
`
`
`Case IPR2018-01431 (Patent 8,117,034 B2)
`Case IPR2018-01435 (Patent 6,999,933 B2)
`
`
`
`
`Petitioner MMODAL LLC filed a Motion for Pro Hac Vice Admission of
`
`Alison H. Hutton (“Motion”) and an accompanying Declaration in each of the
`
`above-captioned proceedings. IPR2018-01431, Paper 27; Ex. 1016; IPR2018-
`
`01435, Paper 27; Ex. 1015. Petitioner represents that the Motion is unopposed.
`
`See, e.g., IPR2018-01431, Paper 27; IPR2018-01435, Paper 27.
`
`The Board has reviewed the submissions and determined that the
`
`requirements of 37 C.F.R. § 42.10 have been met and there is good cause to admit
`
`Ms. Hutton pro hac vice.
`
`It is, therefore,
`
`ORDERED that Petitioner’s Motions for Pro Hac Vice Admission of Alison
`
`H. Hutton are granted;
`
`FURTHER ORDERED that Petitioner is to continue to have a registered
`
`practitioner as lead counsel in the instant proceeding, but Ms. Hutton is authorized
`
`to be designated as backup counsel;
`
`FURTHER ORDERED that Petitioner must file updated mandatory notices
`
`identifying Ms. Hutton as back-up counsel in accordance with 37 C.F.R.
`
`§ 42.8(b)(3);
`
`FURTHER ORDERED that, within ten (10) business days of the date of this
`
`order, Petitioner must submit Powers of Attorney for Ms. Hutton in accordance
`
`with 37 C.F.R. § 42.10(b);
`
`FURTHER ORDERED that Ms. Hutton is to comply with the Office Patent
`
`Trial Practice Guide, as updated by the August 2018 Update, 83 Federal Register
`
`39,989 (Aug. 13, 2018), and the Board’s Rules of Practice for Trials, as set forth in
`
`Title 372, Part 42 of the C.F.R., and is subject to the USPTO’s disciplinary
`
`
`2 The Declaration states “I have read and will comply with the Office Patent Trial
`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of
`
`2
`
`
`
`
`Case IPR2018-01431 (Patent 8,117,034 B2)
`Case IPR2018-01435 (Patent 6,999,933 B2)
`
`jurisdiction under 37 C.F.R. § 11.19(a) and the USPTO Rules of Professional
`
`
`
`Conduct as set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`
`
`PETITIONER:
`
`Patrick McPherson
`Patrick Muldoon
`Jarrad Gunther
`D. Joseph English
`DUANE MORRIS LLP
`pdmcpherson@duanemorris.com
`djenglish@duanemorris.com
`pcmuldoon@duanemorris.com
`jmgunther@duanemorris.com
`
`PATENT OWNER:
`
`
`Brian Ferguson
`Robert Magee
`Sudip Kundu
`Anish Desai
`WEIL, GOTSHAL & MANGES LLP
`Brian.ferguson@weil.com
`Robert.magee@weil.com
`Sudip.kundu@weil.com
`Anish.desai@weil.com
`
`
`
`
`
`the Code of Federal Regulations.” IPR2018-01431, Ex. 1016, 2; IPR2018-01435,
`Ex. 1015, 2. The Trial Practice Guide and the Board’s Rules of Practice are set
`forth in Part 42 of Title 37, Code of Federal Regulations. We deem this harmless
`error.
`
`3
`
`
`
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